THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES THE LETTERS O F J U N I U S Complete in ONE VOLUME. A NEW EDITION. WITH A COPIOUS INDEX. STAT NOMINIS UMBRA. LONDON: PRINTED IN THE YEAR 1786. 503 A^ ngfc CONTENTS. PAG& pvEDICATION to the Englijl Nation, - 7 *>*, PREFACE, - ij LETTER I. Junius to the Printer of the Public Advert ifer, - - 29 LET. II. Sir William Draper s anfiuer to the former letter of Junius, addrefftd to the Printer ; - 39 LET. III. Junitis to Sir William Draper, - 44 LET. IV. Sir William Draper to Junius t - 49 LET. V. To Sir William Draper, - 55 LET VI. To Junius from Sir William Draper , 57 LET. VII. To Sir William Draper, 58 LET. VIII. To his Grace the Duke cf Grafton, <5o LET. IX To his Grace the Duke of Graf ton, 65 LET. X. To Mr Ed-ward Wefton, 68 LPT. XL To his Grace the Duke ofGrafton, 70 LET. XII. To his Grace the Duke of Graf tent 74 LET. XIII. Phih Juntas to the Printer of the Public Adver lifer, - - 8z LET. XIV. Phih Junius to the Printer of the Public Advertifer, - - 84 LET. XV. To his Grace the Daks of Graf ton t 88 LET. XVI. T; t!:: Printer >fihc Public Adver- tifer, 94 LET. XVII. F.( r fi:iter sftbe Public Advertiftr, - - 99 LET. XVill. Tc. Sir J'/illiam Bfakjlont, Soli- citor General tc her MaJ&y t 102 LET. XIX. Phih Junius to the Printer cf the Public Advertiftr - - IO 7 LET. XX. Junius, to the Printer of the Public Advert'ifer^ - - - 115 LET. XXI. To the Printer of the Public Ad- ucrtifer.) - - - 122 a z LET- 4 CONTENTS. PAGE LET. XXII. Phi/o Junius to the Printer of the Public Advertifer, 123 LET. XXIII. Junius to the Duke of Bedford, 127 LET. XXIV. Sir William Draper to Junius, 136 LET. XXV. Junhn to Sir William Draper, 138 LET. XXVI. Sir William Draper to Junius, 141 LET. XXVII. Junius to the Printer of the Public AJveriifer, - - '145 LET. XXVIII. To the Printer of the Public Advertifer, - - 1 50 LET. XXIX Phih Junius to the Printer of the Public Acivertifer, - 151 LET. XXX. Junius to the Printer cf the Pu- blic Advertif.'r, - 155 LET. XXXI. Philo Junius to the Printer of the Public Advert 'ifer, 161 LET. XXXII. Junius to the Printer of the Public Advertifer, - 165 LET. XXXIII. To his Grace the Duke of Graf- ton 1 66 LET. XXXIV. To his Grace the Duke of Grafton, 1 68 LET. XXXV. To the Printer of the Public Ad- vertifer, - - 172 LET. XXXVI. To the Du\e cf Graf ton, - 188 LET. XXXVII. To the Printer of the Public Advrrtiftr, - - 197 LET. XXXVIII. To the Printer of the Public Advertifer, - 2O2 LET. XXXIX. To the Printer of the Public Advertifer, - 209 LET. XL. To Lord North, - - 220 LET. XLI. To the Right Hon. Lord Mansfield, 223 LET. XLI I. To the 1'r inter of the Public Ad- vertifer, 235 LET. XLIII. Phih Junius to the Printer of the Pu blic Advert r/er> 244 LET. XL1V. Junius to the Printer of the Pu- blic Advettijcr, - 246 LET. XLV. CONTENTS. 5 PAGE LET. XLV. Philo Junius to the Printer of the Public Advert if er, 257 LET. XL VI. Phih Junius to the Printer of the Public Advertifer. - 258 LET. XLVII. Philo Junius to the Printer of the Public Advertifer, - - 260 LET. XLV III. Phih Junius to the Printer of the Public Advertifer, - - 262 LET. XLIX. Junius to the Duke of Graft on, 265 LET. L. To his Grace the Duke of Graf ton, 269 LET. LI. From the Rev. Mr Home to Junius, 274 LF/T. LIE. Junius to the Rev. Mr Home, - 276 LET. L1II. From the Rev. Mr Home to Junius, 279 LET. LIV. Junius to the Printer of the Public Advertifer, - - 2pZ LET. LV. Phih Junius to the Printer of the Public Advcrtijer, - 301 LET. LVL The Rev. Mr Home to Junius, - 303 LET. LVII. Junius to hit Grace the Duke of Graf ton, - ~ 35 LET. LVIII. Addrefjed to the Livery of London, 3 1 1 LET. LIX. To the Printer of the Public Adver-- tifer, - - 313 LET. LX. Philo Junius to the Printer cf the Public Advertifer, - -v 323 LET. LXI. Philo Junius to Zcno, - 32> LET. LXII. Philo Junius to an Advocate in the Caufe of the People, - - 33 1 LtT. LXIII. Obfervations by a Friend of Ju- nius in anfiver to a Barrifter at Law, - 332^ LET. LXIV. Declarations in behcJf of Junius, 334 LET. LXV. Junius to Lord Chief Jujiice Mans* field, 33 7 LET. LXVI. Junius engages to make good his charge againft Lord Mansfield, - 338 LET. LXVII. Junius to the Duke of Graf ton, ibicf. LET. LXV1H. To Lord Chief Jujiice Mansfeld,.^ LET. LXIX. To the Right Hon. Lord Camden, 365 * 3 DEDICATION TO THE ENGLISH NATION. T DEDICATE to You a colle&ion of Letters, written by one of Yourfelves for the com- mon benefit of us all. They would never have grown to this fize without your conti- nued encouragement and applaufe. To me they originally owe nothing but a healthy, fanguine, conftitution. Under Tour care they have thriven. To Tou they are indebted for whatever ftrength or beauty they pofiefs. When Kings and Minifters are forgotten, when the force and direction of perfonal fa- tire is no longer underftood, and when mea- fures are only felt in their remoteft confe- quences, this book will, I believe, be found to contain principles worthy to be tranfmitted to pofterity. When you leave the unimpair- ed, hereditary freehold to Your children, You do but half Your duty. Both liberty and pro- perty are precarious, unlefs the poflefifors have fenfe and ipirit enough to defend them. This is not the language of vanity. If I am a vain man, 8 DEDICATION. man, my gratification lies within a narrow circle. I am the fole depofuary of my own fecret, and it mall pcrifh with me. If an honeft, and, I may truly affirm, a la- borious zeal for the public fervice, has given me any weight in Your efteem, let me ex- hort and conjure You never to fuffer an in v a- fion of Your political conftitution, however minute the inftance may appear, to pafs by, without a determined, perfevering refiftance. One precedent creates another. They foon accumulate, and constitute law. What ye- flerday was fact, to-day is doctrine. Exam- ples are fuppofed to juftify the moft danger- ous meafures ; and where they do not fuit ex- actly, the defect is fuppHed by analogy. Be affured that the laws, which protect us in our civil rights, grow out of the conftitution, .and that they mull fall or flouriih with it. This is not the caufe of faction or of party, or of any individual, but the common intereft of every man in Britain. Although the King fhould continue to fupport his prtfent fyftem of government, the period is not very dtftant at which you will have the means of redrefs in your own power. It may be nearer per- haps than any of us expect, and I would warn You to be prepared for it. The King may pofilbly be advifed to diffolve the prefent par- liament a year or two before it expires of courle, and precipitate a new election, io hopes of taking the nation by furprilc. If fuch a meafure be in agitation, this very cau- tion may defeat or prevent it. DEDICATION. 9 I cannot doubt that You will unanimoufly affert the freedom of election, and vindicate your exclufive right to choofe your reprefen- tatives. But other queftions have been ftart- ed, on which your determination ihould be equally clear and unanimous. Let it be im- preiied upon your minds, let it be inftilled into your children, that the liberty of the prefs is the Palladium of all the civil, politi- cal, and religious rights of an Englifiiman \ and that the right of juries to return a general verdict, in all cafes wnatfoever, is an eflential part of our conlHtution, not to be controuled or limited by the judges, nor in any (hape qocftionable by the legiilature. The power of King, Lords, and Commons, is not an ar- bitrary power *. They are the traftees, not the owners, of the eitate. The fee-fimple is in * This pofitive denial, of an arbitrary power being vefted in the legislature, is not in fa far from thinking he fhould acquit himfelf of his duty by barely *' the defendant's connfel, grounded upon the ambiguity of the ** verdict ; -the other, hy the counfel for the crown, for a rule " xipon the defendant to (how caufe, why the veriidt fhould not " be entered up according to the legal import of the word?. Oh ' both motions, a rule was granted, and foon after the matter *' was argued before the court of King's Bench. The noble 11 judge, when he delivered the opinion of the court upon the verdict, went regularly through the whole of the proceedings 11 at A'/I Prius, as well the evidence that had been given, as his 44 own charge to the jury. This proceeding would have been ' very proper, had a motion been made of either fide for a new . " trial; becaufe either a verdict given contrary to evidence, or " an improper charge by the judge at Niji Prius, is held to be * *' fufficient ground for granting a new trial. But when a motion 41 is made in arreit rf judgment, or for eflahlilhing the verdict ' by entering it up according to the legal import of the words, ' it muft he on the ground of fomet-hing appearing on the face of the record: and the court, in coi.fidcnng whether the verdict ' (hall be eflablifhed or nor, are fo confined to the record, that they cannot take notice of ar.y thing that does not appear on the face it; in the legaT phrnfe, they cannot travel cut of lie -V^rtcord, The noble judge did travel out of the record; and I " affirm that his difconrfe was irregular, extrijitdicial, and ur.fre- ' cedenied. His apparent motive for doing what he knew to he 41 wrong, was, that he might have an opportunity of (tiling the 41 public extrajuiiicialty, that the other three judges concurred ia | the dsftrine laid down in his charge." PREFACE. 19 barely proving the fads, entered largely, and I confefs not without ability, into the demerits of the paper, which he called a /editions libel. He dwelt but lightly upon thofe points, which (ac- cording to Lord Mansfield) were the only matter of confideration to the jury. The criminal intent, the libellous matter, the pernicious tendency of the paper itfelf, were the topics on which he principally infifted, and of which for more than an hour he tortured his faculties to convince the jury. If he agreed in opinion with Lord Ma-nsfifflJ, his difcourfe was impertinent, ridiculous, and un reafonable. But, underflanding the law as I do, what he faid was at leaft confiftent and to the pur- pofe. IF any honeft man fhould ftill be inclined to leave the conftruftion of libels to the court, I would intreat him to confider what a dreadful com- plication of hardfhips he impofes upon his fellow fubjects. In the firft place, the profecution com- mences by information of an officer of the crown, not by the regular conftitutional mode of indiftment before a grand jury. As the fact is ufually ad- mitted, or in general can eafily be proved, the office of the petty jury is nugatory. The court then judges of the nature and extent of the of- fence, and determines ad arbitrium the quantum of the punifhment, from a fmall fine to a heavy one, to repeated whipping, to pillory, and unli- mited imprifonment. Cutting off ears and nofes might dill be inflicted by a refolute judge ; but I will be candid enough to fuppofe that penalties, fo apparently {hocking to humanity, would not be hazarded in thefe times. In all other crimi- nal profecutions, the jury decides upon the fal and the ciime in one word; and the court pro- nounces a certain fcntence, which is the fentence of 20 PREFACE. of the law, not of the judge. If Lord MansfieltTs doctrine be received, the jury muft either find a verdicl of acquittal, contrary to evidence (which, I can conceive, might be done by very confcien- tious men, rather than truft a fellow-creature to Lord Mansfield's mercy); or they muft leave to the court two offices, never but in this inftance uni- ted, of finding guilty, and awarding punifti- ment. BUT, fays this honeft Lord Chief Jujlice, " If " the paper be not criminal, the defendant (tho* " found guilty by his peers) is in no danger, for " he may move the court in arreft of judgment." True, my good Lord, but who is to determine upon the motion ? Is not the court ftill to de- cide, whether judgment (hall be entered up or not? and is not the defendant this way as effec- tually deprived of judgment by his psers, as if he were tried in a court of civil law, or in the cham- bers of the inquifition? It is you, my Lord, who then try the crime, not the jury* As to the pro- bable effect of the motion in arreft of judgment, I (hall only obferve, that no reafonable man would be fo eager to poffefs himfelf of the invidious power of inflicting punifhment, if he were not predetermined to make ufe of it AGAIN : We are told, that judge and jury have a diftindl: office; that the jury is to find the faft, and the judge to deliver the law. De jure rcfpondent j-udices, de fatto jurat i. The dic- tum is true, though not in the fenfe given to it by Lord Mansfield. The jury are undoubtedly to determine the fa dr., that is, whether the defend- ant did or did not commit the crime charged a- gainft him. The judge pronounces the fentence art* PREFACE. 2i annexed by law to that fact fo found ; and if, in the courfe of the trial, any queftion of law arifes, both the counfel and the jury muft, of neceflity, appeal to the judge, and leave it to his decifion. An exception, or plea in tar, may be allowed by the court ; but, when iffue is joined, and the jury have received their charge, it is not poffible, in the nature of things, for them to feparate the law from the fact, unlefs they think proper to return affe- cial verdict. IT has alfo been alleged, that, although a com- mon jury are fufficient to determine a plain mat- ter of fact, they are not qualified to comprehend the meaning, or to judge of the tendency, of a feditious libel. In anfwer to this objection, (which, if well founded, would prove nothing as to the ftritt right of returning a general verdict), I might fafely deny the truth of the affertion. Englfomen of that rank, from which juries are ufually taken, are not fo illiterate as (to ferve a particular purpcfe) they are now reprefented. Or, admitting the fact, let a fpecial jury be fummoned in all cafes of difficulty and importance, and the objection is removed. But the truth is, that if a paper, fuppofed to be a libel upon government, be fo obfcurely worded, that twelve common men cannot poffibly fee the feditious meaning and ten- dency of it, it is in effect no libel. It cannot in- flame the minds of the people, nor alienate their affections from government; for they no more underftand what it means, than if it were published in a language unknown to them. UPON the whole matter it appears, to my un- derftanciing, clear beyond a doubt, that if, in any future profecution for a feciiticus libel, the jury fhould bring in a verdict of aquittal not war- ranted tza PREFACE, ranted by the evidence, it will be owing to thtf falfe and abfurd doctrines laid down by Lord Mansfield. Difgufted by the odious artifices made ufe of by the Judge to miflead and perplex them, guarded againft his fophiftry, and convinced of the falfehood of his afiertions, they may perhaps determine to thwart his deteftable purpofe, and defeat him at any rate. To him at leaft they will do fiibjtantial jujiice. Whereas, if the whole charge, laid in the information, be fairly and honeftly fubmitted to the jury, there is no realbn whatfoever to prefume that twelve men, upon their oaths, will not decide impartially between the King and the defendant. The numerous in- ftances, in our (late-trials, of verdicts recovered for the King, fufikiently refute the falfe and fcan- dalous imputations thrown by the abettors of Lord Mansfield upon the integrity of juries. But even admitting the fuppofition, that in times of univerfal difcontent, anhng from the notorious maladministration of public affairs, a feditious writer mould efcape,punifhment, it makes no- thing againft my general argument. If juries are fallible, to what other tribunal fhall we appeal ? If juries cannot fafely be trufted, fhall we unite the offices of judge and jury, fo wifely divided by the conftitution, and truft implicitly to Lord Mansfield? Are the judges of the court of King's Bench more likely to be unbiafled and impartial, than twelve yeomen, burgefles, or gentlemen, taken indifferently from the county at large? Or, in fhort, fhall there be no decision, until we have inftituted a tribunal, from which no pof- fible abufe or inconvenience whatfoever can arife? If I am not grofsly miftaken, thefe queftions carry a decifive anfwer along with them. HAVING cleared the freedom of the prefs from PREFACE. 23 a reftraint equally unnecefiary and illegal, I return to the ufe which has been made of it in the pre- fent publication. NATIONAL reflections, I confefs, are not ju- flified in theory, nor upon any general princi- ples. To know how well they are deferred, and how juftly they have been applied, we muft have the evidence of fats before us. We muft be con- verfant with the Scots in private life, and obferve their principles of acling to its, and to each other; the characleriftic prudence, the felfifh nation- ality, the indefatigable fmile, the perfevering affi- duity, the eveilafting profeflion of a difcreei and moderate refentment. If the inftance were not too important for an experiment, it might not be amifs to confide a little in their integrity. With- out any abftradl reafoning upon caufes and effects, we mall foon be convinced by experience, that the Scots, tranfplanted from their own country, are always a diftindt and feparate body from the peo- ple who receive them. In other fettlements, they only love themfelves ; in England, they cordially love themfelves, and as cordially hate their neigh- hours. For the remainder of their good qualities, I muft appeal to the reader's obfervation, unlefs he will accept of my Lord Barrington's authority. In a letter to the late Lord Melcembe, publimed by Mr Lee, he expreiTes himielf with a truth and accuracy not very common in his Lordfhip's lucu- brations ; " And Cockburn, like moft cf his coun- *' trymen, is as abjet to thofe above him, as he " is infolent to thofe below him." 1 am far from meaning to impeach the articles of the union. If the true fpirit of thofe articles were religioufly adhered to, we mould not fee fuch a multitude of Scotch commoners in the lower-houfe, as reprefentatives of Englifh bo- roughs, 24 PREFACE. roughs, while not a (ingle Scotch borough is ever reprefented by an Englimman. We fhould not fee Englifh peerages given to Scotch ladies, or to the elder fons of Scotch peers, and the number of fixteen doubled and trebled by a fcandalous eva- fion of the act of union. If it (hould ever be thought advifable to diflblve an act, the violation or obfervance of which is invariably directed by the advantage and intereft of the Scots, I fhall fay, very fincerely, with Sir Edward Coke, * When " poor England flood alone, and had not the ac- " cefs of another kingdom, and yet had more and '* as potent enemies as it now hath, yet the King of England prevailed." SOME opinion may now be expected from me, upon a point of equal delicacy to the writer, and hazard to the printer. When the character of the chief magiftrate is in queftion, more muft be un- derftood than may fafely be exprefTed. If it be really a part of our conftitution, and not a mere diftum of the law, t bat tht King can do no wrong, it is not the only inftance, in the wifeft of human inftitutions, where theory is at variance with practice. That the fovereign of this country is not amenable to any form of trial known to the laws, is unqueftionabfe. But exemption from punifhment is a fingular' privilege annexed to the royal character, and no way excludes the pofllbility of deferving it. How long, and to what extent, a. King of England may be protected by the forms, when he violates the fpirit of the conftitution, deferves to be confidered. A miftake in this mat- ter proved fatal to Charles and his fon. For my own part, far from thinking that the King can do no wrong, far from fuffering myfelf to be de- terred or impofed upon by the language of forms Parliamentary Hiftory, V. vii. p. 40$. PREFACE. 25- in oppofltion to the fubftantial evidence of truth, if it were my misfortune to live under the inau- fpicious reign of a prince, whofe whole life was employed in one bafe contemptible ftruggle with the free fpirit of his people, or in the deteftable endeavour to corrupt their moral principles, I would not fcruple to declare to him, < Sir, You " alone are the author of the greateft wrong to * your fubje&s and to yourfelf. Inflead of reign- ing in the hearts of your people, inftead of ' commanding their lives and fortunes thro* the " medium of their affections; has not the ftrength " of the crown, whether influence or prerogative, " been uniformly exerted, for eleven years to- * getber, to fupport a narrow pitiful fyftem of " government, which defeats itfelf, and anfwers " no one purpofe of real power, profit, or per- " fonal fatisfaclion to You? With the greateft " unappropriated revenue of any prince in Eu- " rope, have we not feen You reduced to fuch " vile and fordid diftrefles, as would have con- " dueled any other man to a prifon ? With a < great military, and the greateft naval power in " the known world, have not foreign nations re- < peatedly infulted You with impunity? Is it on the contrary, wa lee an univerfal fpirit of diftruil and dillatisfaclion, a. rapid decay of trade, diflenfions in all parts of ths empire, and a total lofs of refpccl in the eyes of foreign powers, we may pronounce without hefi. tation, that the government of that country is weak, diflracted, and corrupt. The multitude, in all countries,, are patient to a certain point. Ill-ufa^e may roufe their indignation,, and hurry them into excefles ; but the original fault is in government. Perhaps there never was an in- ftance of a change, in the circumftances and temper of a whole nation, fo fvulden and extra- ordinary O F J U N I U S, &c. 31 ordinary as that which the mifconducl of mim- fters has, within thefe few years, produced in Great Britain. When our gracious fovereign af- cended the throne, we were a flourishing and a contented people. If the perfonal virtues of r king could have infured the happinefs of his fub- jedls, the fcene could not have altered fo entirely as it has done. The idea of uniting all parties, of trying all characters, and diftributing the of- fices of ftate by rotation, was gracious and bene- volent to an extreme,- though it has not yet pro- duced the many falutary tffefts which were in- tended by it. To fay nothing of the wifdom of fuch a plan, it undoubtedly arofe from an un- bounded goednefs of heart, in which folly had no (hare. It was not a capricious partiality to new faces ; it was not a natural turn for low in- trigue -,--nor was it the treacherous amufement of double and triple negotiations. No, Sir; it arofe from a continued anxiety, in the pureft of all pof- fible hearts, for the general welfare. Unfortu- nately for us, the event has not been anfwerabls to the deftgn. After a rapid fucceflion of changes, we are reduced to that (late, which hardly any change can mend. Yet there is no extremity of diilrefs, which of itfelf ought to reduce a great nation to defpair. It is not the diforder, but the phyfician ; it is not a cafual concurrence of ca- lamitous circumftances ; it is the pernicious hand of government, which alone can make a whole people defperate. Without much political fagacity, or any extra- ordinary depth of obfervation, we need only mark how the principal departments of the ftate are beftowed, and look no farther for the true caufe of-every mifchief that befals us. f The finances of a nation, finking under its debts f The Duke of Grafton took the office of Secretary cf Stats, wkh an engagement to fupport the Marquis of Rockingharo'j admin:-- LETTERS 3 * and expences, are committed to a young nobleman already ruined by play. Introduced to aft under the aufpices of Lord Chatham, and left at the head of affairs by .that nobleman's re- treat, he became minifter by accident ; but de- ferting the principles and profeflions which gave him a moment's popularity, we fee him, from- every honourable engagement to the public, an apoftate by defign. As for bufmefs, the world yet knows nothing of his talents or refolution ; unlefs a wayward, wavering ''nconfiftency be a mark o genius, and caprice -w..?monftration of fpirit. It may be faid, perhaps, that it is his Grace's pro- vince, as furely it is his paflion, rather to diftribute than to fave the public money; and that while Lord North is Chancellor of the Exchequer, the Firft Lord of the Treafury may be as thoughtlefs and extravagant as he pleafes. I hope, however, he will not rely too much on the feitility of Lord North's genius for finance. His Lordfhip is yet to give us the firft proof of his abilities : It may be candid to fuppofe that he has hitherto volun* tarily concealed his talents; intending perhaps to aftonifti the world, when we leaft expecTit, with a knowledge of trade, a choice of expedients, and a depth of refources,. equal to the neceffities, and far beyond' the hopes, of his country. He mud now exert the whole power of his capacity, if he would \vifh us to forget, that, fmce he has been in office, no plan has been formed, no fyf- tem adhered to, nor any one important meafure adopted for the relief of public credit. If his plan for the fervke of the current year be not ir- revocably fixed on, let me warn him to think fe- rioufly adminiftration. He rcfignrd, however, in a liltle time, under pre- tence that he could not aft wiih"UE Lord Chrith^n... i :.r hear to fee Mr Wilkes abandoned; hut that, under Lord Chatham he would a(\ in any office. This was (he fignal of Lord Rocking- ham's difmifibn. When Lord Chatham came in, the Duke got f afliiuvn of the Treasury. Ruder, murk ihc couJcquence ! O F J U N I U S, &c. 33 rioufly of confequences before he ventures to in- creafe the public debt. Outraged and opprefled as we are, this nation will not bear, after a fix years peace, to fee new millions borrowed, with- out an eventual diminution of debt, or reduction of intereft. The attempt might roufe a fpirit of refentment, which might reach beyond the facri- ike of a minifter. As to the debt upon the civil lift, the people of England expet that it will not be paid without a ftrit inquiry how it was in- curred. If it mufl be paid by parliament, let me advife the Chancellor of the Exchequer to think of fome better expedient than a lottery. To fupport an expenfive war, or in circumftances of abfolute neceffity, a lottery may perhaps be al. lowable; but, befides that it is at all times the very worft way of railing money upon the people, I think it ill becomes the Royal dignity to have the debts of a King provided for, like the repairs of a country bridge, or a decayed hofpital. The management of the King's affairs in the Houfe of Cummons cannot be more difgraced than it has been. * A leading minifter repeatedly called down for abfolute ignorance ; ridiculous mo- tions ridiculoufly withdrawn ; deliberate plans clifconcerted, and a week's preparation of grace- ful oratory loft in a moment, give xis fome though not adequate idea of Lord North's par- liamentary abilities and influence. Yet before he had the misfortune of being Chancellor of the Ex- chequer, he was neither an object of derifion to his enemies, nor of melancholy pity to his friends. A feiies of inconiiftent meafures has alienated the colonies from their duty as iubjecls, and from their natural affection to their common country. When Mr Grenville was placed at the head of the Treafury, he felt the impoffibility of Great Britain's fupporting fuch an eitublifhment as her former * This happened frequently to poor Lord North. 34 LETTERS former fuccetTes had made indifnenfable, and at the fame time of giving any fenfible relief to fo- reign trade, and to the weight of the public debt. He thought it equitable that thofe parts of the empire which had benefited moft by the expen- ces of the war, fliould contribute fomethJnji to the expences of the peace, and he had no doubt of the constitutional right vefted in parliament to raife the contribution. But, unfortunately for this country, Mr Grenville was at any rate to be diftrefled becaufe he was minifter, and Mr Pitt * and Lord Camden were to be the patrons of America becaufe they were in oppofition. Their declaration gave fpiiit and argument to the colo- nies; and while perhaps they meant no more than the ruin of a minifler, they in effect divided one half of the empire from the other. Under one adminiftratiori the flamp-acl is made; under the fecond it is repealed; under the third, in fpite of all experience, a new mode of taxing the colonies is invented, and a queftion revived which ought to have been buried in obli- vion. In thefe circumftances a new office is efta- blifhed for the bufinefs of the plantations, and the Earl of Hilfborough called forth, at a moft critical feafon, to govern America. The choice at lead announced to us a man of fuperior capacity and knowledge. Whether he be fo or not, let his difpatches as far as they have appeared, let his meafures as far as they have operated, deter- mine for him. In the former, we have feen ftrong aflertions without proof, declamation without ar- gument, and violent cenfures without dignity or moderation ; but neither corredlnefs in the compofition, nor judgment in the defign. As for his meafures, let it be remembered, that he was called upon to conciliate and unite; and that when he entered into office, the moft refractory of * Yet Junlus has Lcen called the partizan of Lord Chatham? O F J U N I U S, & c . 35 of the colonies were ftill difpofed to proceed by the conftitutional methods of petition and re- monftrance. Since that period they have been driven into excefles little fhort of rebellion. Pe- titions hare been hindered from reaching the throne ; and the continuance of one of the prin- cipal afiemblies refted upon an arbitrary condi- tion*; which, confidering the temper they were in, it was impoflible they (hould comply with, and which would have availed nothing as to the general queflion if it had been complied with. So violent, and I believe I may call it fo uncon- ftitutional, an exertion of the prerogative, to fay nothing of the weak injudicious terms in which it was conveyed, gives us as humble an opinion of his lordfhip's capacity as it does of hit temper and moderation. While we are at peace with other nations, our military force may perhaps be fpared to fupport the Earl of Hilfborough's mea- fures in America. Whenever that force fhall be neceflarily withdrawn or diminifhed, the difmif- fion of fuch a minifter will neither confole us for his imprudence, nor remove the fettled refent- ment of a people, who, complaining of an at of the legiflature, are outraged by an unwarrantable itretch of prerogative, and, fupporting their claims by argument, are infulted with declamation. Drawing lots would be a prudent and reafon- able method of appointing the officers of ftate, compared to a late difpofition of the fecretary's office. Lord Rochford was acquainted with the affairs and temper of the fouthern courts: Lord Weymouth was equally qualified for either de- partmentf. By what unaccountable caprice has it * That they (hould retraft one of their refolutions, and erafc the entry of it. f It was pretended that the Earl of Rochford, while ambafTador in France, had quarrelled with the Duke of Choifeu'i'l ; and that therefore hi was appointed to the Northern department, out of coiDplimcni to the French nain.ft-r. 3 6 LETTERS it happened, that the latter, who pretends to no experience whatfoever, is removed to the mod important of the two departments, and the for- mer by preference placed in an office where his experience can be of no ufe to him ? Lord VVey- mouth had diftinguifhed himfelf in his firft em- ployment by a fpirited if not judicious conduct. He had animated the civil magiftrate beyond the tone of civil authority, and had directed the operations of the army to more than military exe- cution. Recovered from the errors of his youth, from the diftraction of play, and the bewitching fmiles of Burgundy, behold him exerting the whole ftrength of his clear unclouded faculties, in the fervice of the crown. It was not the heat of midnight exceffes, nor ignorance of the laws, nor the furious fpirit of the houfe of Bedford : No, Sir, when this refpectable minifter interpofed his authority between the magiftrate and the peo- ple, and figned the mandate, on which, for aught he knew, the lives of thoufands depended, he did it from the deliberate motion of his heart fupport- ed by the beft of his judgment. It has lately been a fafhion to pay a compli- ment to the bravery and generofity of the com- mander in chieff at the expence of his under- ftanding. Th-y who love him leaft make no queftion of his courage, while his friends dwell chiefly on the facility of his difpofition. Admit- ting him to be as brave as a total abfence of all feeling and reflection can make him, let us fee what fort of merit he derives from the remainder of his character. If it be generofity to accumu- late in his own perfon and family a number of lucrative employments ; to provide, at the public expence, for every creature that bears the name of Manners; and, neglecting the merit and fervi- ces of the reft of the army, to heap promotions upon f The late Lord Gran by. O F J U N I U S, Sec. 37 upon his favourites and dependants ; the prefent commander in chief is the mod generous man, alive. Nature has been fparing of her gifts to this noble lord ; but where birth and fortune are united, we expect the noble pride and indepen- dance of a man of fpirit, not the fervile humi- liating complaifance of a courtier. As to the goodnefs of his heart, if a proof of it be taken from the facility of never refuting, what conclu- (ion fhall we draw from the indecency of never performing? And if the difcipline of the army be in any degree preferved, what thanks are due to a man, whofe cares, notorioufly confined to filling up vacancies, have degraded the office of commander in chief into a broker of commif- fions ? With refpeft to the navy, I fliall only fay, that this country is fo highly indebted to Sir Ecward Hawke, that no expence fhould ^be fpared to fe- cure to him an honourable and affluent retreat. The pure and impartial adminiflration of juf- tice is perhaps the firmed bond to fecure a cheer- ful fubmiffion of the people, and to engage their affections to government. It is not fufficient that queftions of private right or wrong are juftly decided, nor that judges are fuperior to the vile- nefs of pecuniary corruption. Jefferies himfelf, when the court had no intereft, was an upright judge. A court of juftice may be fubje6r. to an- other foit of bias more important and pernicious, as it reaches beyond the intereit of individuals, and affects the whole community. A judge, un- der the influence of government, may be honcft enough in the decifion of private caufes, yet a traitor to the public. When a vi&im is marked out by the miniftry, this judge will offer himfelf to perform the facrifice. He will not fcruple to proftitute his dignity, and betray the fan&ity of his office, whenever an arbitrary point is to be D carried 3 8 LETTERS carried for government, or the refentment of a court to be gratified. Thefe principles and proceedings, odious and contemptible as they are, in effect are no lefs in- judicious. A wife and generous people are rou- fed by every appearance of oppreflive, unconfti- tutional meafures, whether thofe meafures are fupported only by the power of government, or rnafked under the forms of a court of juftice. Prudence and felf-prefervation will oblige the jnoft moderate difpofitions to make common caufe, even with a man whofe conduct they cenfure, if they fee him perfecuted in a way which the real 1'pirit of the laws will not juftify. The fails, on which thefe remarks are founded, are too notorious to require an application. This, Sir, is the detail. In one view, behold a nation overwhelmed with debt ; her revenues" wafted; her trade declining; the affections of her colonies alienated ; the duty of the magiftrate transferred to the foldiery, a gallant army, which never fought unwillingly but againft their fellow, fubjects, mouldering away for want of the direc- tion of a man of common abilities and fpirit ; and in the laft inftance, the adminiftration of juftice become odious and fufpe&ed to the whole body of the people. This dpelorable fcene ad- mits of but one addition that we are governed by counfels, from which a reafonable man can ex- pect no remedy but poifon, no relief but death. If, by the immediate interpolation of Provi- dence, it were pofTible for us to efcape a crifis fo full of terror and defpair, pofterity will not be- lieve the hiftory of the prefent times. They will either conclude that our diftreffes were ima- ginary, or that we had the good fortune to be governed by men of acknowledged integrity and wifdom : they will not believe it poflible that their anceftgrs could have iurvived or recovered from OF J U N I U S, &c. 32 from fo defperate a condition, while a Duke o/ Grafton was Prime Minifter, a Lord North Chan- cellor of the Exchequer, a Weymouth and a Hilfborough Secretaries of State, a Granby Com- mander in Chief, and Mansfield chief criminal judge of the kingdom. J U N I U S. LETTER II. TO THE PRINTER OF THE PUBLIC AD- VERTISER, SIR, JAN. 26. 1769. r T~'HE kingdom fwarms with fuch numbers of fe- J- lonious robbers of private cha-racter and virtue, that no honeft or good man is fafej efpecially as thefe cowardly bafe afT-iffins fbab in the dark, with- out having the courage to fign their real names to their malevolent and wicked productions. A writer, who figos himfelf fotnius, in the Public Advertifer of the 21 ft inftant, opens the delorable fituation of his country in a very affecting man- ner; with a pompous parade of his candour and decency, he tells us, that we fee difienfions in all parts of the empire, an univerfal fpirit of dif- truft and diflatisfadion, and a total lofs of refpet towards us in the eyes of foreign powers. But this writer, with all his boafted candour, has not told us the real caufe of the evils he fo patheti- cally enumerates. I fhall take the liberty to ex- plain the caufe for him. Junius and fuch wri- ters as himfelf occafion all the rnifchief com- plained of, by falfely and malicioufly traducing the beft characters in the kingdom. For when' our deluded people at home, and foreigners abroad, read the poifonous and inflammatory libels that are daily publifhed with impunity, to vilify thofe who are any way diftinguilhed by D 2 their 40 LETTERS their good qualities and eminent virtues; when they find no notice taken of, or reply given to, thefe flanderous tongues and pens; their conclu- fvon is, that both the minifters and the nation have been fairly defcribed ; and they aft accor- dingly. I think it therefore the duty of every good citizen to (land forth, and endeavour to un- deceive the public, when the vileft arts are made life of to defame and blacken the brighteft cha- racters among us. An eminent author affirms it to be alrnoft as criminal to hear a worthy man, traduced, without attempting his juftification, as to be the author of the calumny againft him. For my own part, I think it a fort of mif- prifio-n of treafon againft fociety. No man, there- fore, who knows Lord Granby, can poffibly hear fo good and great a character moft vilely abufed, without a warm and juft indignation againft this Junius, this high-prieft of envy, malice, and all uncharitablenefs, who has endeavoured to facri- fice oar beloved commander in chief at the altars of his horrid deities. Nor is the injury done to his lordfliip alone, but to the whole nation, which may too foon feel the contempt, and con- fequently the attacks of our late enemies, if they can be induced to believe that the perfon, on whom the fafety of thefe kingdoms fo much de- pends, is unequal to his high ftation, and defti- tute of thofe qualities which form a good general. One would have thought that his lordfhip's fer- vices in the caufe of his country, from the battle of Cuilode~n to his moil glorious conclufion of the late v/ar, might have intitled him to com- mon refpedl and decency at lead : but this un- candid indecent writer has gone fo far as to turn one of the moft amiable men of the age into a ftupid, unfeeling, and fenfclefs being ; pofleflecl indeed of a peribnal courage, but void of thofe efieptiaJ O F J U N I U S &c. 4* eflential qualities which diftinguifh the comman/- der from the common foldier. A very long, uninterrupted, impartial, I will add, a moft difinterefted, friendfhip with Lord Granby, gives me the right to affirm, that all Junius's aflertions are falfe and fcandalous. Lor it flows from a heart melting to good- nefs from the moft refined humanity. Can a man,, who is defcribed as unfeeling and void of reflec- tion, be conftantly employed in feeking proper objects on whom to exercife thofe glorious .vir- tues of compafiion and generofity? . Tbe diftrefTed officer, the foldier, the widow, the orphan, and a, long lift befides, know that vanity has no fhare in his frequent donations ; he gives, becaufe he feels their diflrefles. Nor has he ever been ra- pacious with one hand, to be bountiful with the other : yet this uncandid Junius would infmuate, that the dignity of the commander in chief is de- praved into the bafe office of comrniffion broker; that is, Lord Granby bargains for the fale of com- millions ; for it niuft have this meaning, if it has. any at all. But where is the man Jiving who. caa D 3 juftty 42, LETTERS juftly charge his lordfliip with fuch mean prac- tices? Why does not Junius produce him ? Junius knows that he has no other means of wounding this hero, than from fome miflile weapon, fhot from an obfcure corner : He feeks, as all defama- tory writers do, -fpargere voces In Vidgum ambiguas to raife a fufpicion in the minds of the people, But I hope that my countrymen will be no longer impofed upon by artful and defigning men, or by wretches, who, bankrupts in bufinefs, in fame, and in fortune, mean nothing more than to in- volve this country in the fame common ruin with themfelves. Hence it is, that they are conftantly aiming their dark and too often fatal weapons againft thofe who fland forth as the bulwark of our national fafety. Lord Granby was too con- fpicuous a mark not to be their object. He is next attacked for being unfaithful to his promifes and engagements: Where are Junius's proofs? Although I could give fome initances, where a breach of promife would be a virtue, efpecially in the cafe of thofe who would pervert the open, unfufpe&ing moments of convivial mirth, into fly, infidious applications for preferment or party- fyilems, and would endeavour to furprife a good man, who cannot bear to fee any one leave him difiatisfied, into unguarded promifes. Lord Gran- by' 6 attention to his own family and relations is called felfifh. Had he not attended to them, when fair and juft opportunities prefented them- felves, I fliould have thought him unfeeling, and void of reflection indeed. How are any man's friends or relations to be provided for, but from the influence and protection of the patron ? It is unfair to fuppofe that Lord Granby's friends have not as much merit as the friends of any other great O F J U N I U S, &c. 4 j great man : If he is generous at the public ex- pence, as Junius invidioufly calls if, the public is at no more expence for his lordfhip's friends, than it would be if any other fet of men poflefled thofe offices. The charge is ridiculous ! The lad charge againft Lord Granby is of a mod ferious and alarming nature indeed. Ju- nius afierts, that the army is mouldering away for want of the direction of a man of common abilities and fpirit. The prefent condition of the army gives the directed lie to his aflertions. It was never upon a more refpectable footing with regard to difcipline, and all the efTentials that can form good foldiers. Lord Ligonicr delivered- a firm and noble palladium of our fafeties into Lord Granby's hands, who has kept it in the fame good order in which he received it. The ftricteft care has been taken to fill up the vacant commiflions, with fuch gentlemen as have the glory o^f their anceftors to fupport, as well as their owivand are doubly bound to the caufe of their king and country, from motives of private pro- perty, as well as public fpirit. The adjutant- general, who has the immediate care of the troops after Lord Granby, is an officer that would do great honour to any fervice in Europe, for his correct arrangements, good fenfe and difcernment upon all occafions, and for a punctuality and pre- cifion which give the moft entire fatisfaction to all who are obliged to confult him. The review- ing generals, who infpect the army twice a-year, have been (elected with the greateft care, and have anfwered the important truft repofcd in them in the moft laudable manner. Their re- ports of the condition of the army are much more to be credited than thofe of Junius, whom I do advife to atone, for his fhameful afperfions, by aflcing pardon of Lord Granby and the whole kingdom, whom he has offended by his abomi- nable 44 LETTERS nable fcandals. In fhort, to turn Junius's own battery againft him, I muft aflert, in his own words, " that has given ftrong aflertions without proof, declamation without argument, and violent cenfures without dignity or moderation." WILLIAM DRAPER. LETTER III. TO SIR WILLIAM DRAPER, KNIGHT OF THE BATH. SIR, Feb. 7. 1769. X7"OUR defence of Lord Granby does honour * to the goodnefs of your heart. You feel, as you ought to do, for the reputation of your friend, and you exprefs yourfelf in the warmed language of your paffions. In any other caufe, I doubt not, you would have cautioufly weighed the confe- quences of committing your name to the licen- tious difcourfes and malignant opinions of the \vorid. But here, I prefume, you thought it would be a breach of friendfhip to lofe one mo- ment in confulting your underftanding ; as if an appeal to the public were no more than a military coup dc ma'm^ where a brave man has no rules to follow but the dictates pf his courage. Touched with your generofity, I freely forgive the exceffes into which it has led you: and, far from refent- ing thofe terms of reproach, which, confidering that you are an advocate for decorum, you have heaped upon me rather too liberally, I place them to the account of an honeft unreflecting indigna- tion, in which your cooler judgment and natural politenefs had no concern. I approve of the fpi- rit with which you have given your name to the public; and, if it were a proof of any thing but fpirit, I fhould have thought myfelf baund to fol- k)w your example. I fhould have hoped that evert O F J U N I U S, &c. AS my name might have carried fome authority with it, if I had nct'feen how very little weight or confi- deration a printed paper receives even from the refpeclable fignature of Sir William Draper. You begin with a general alTertion, that wri- ters, fuch as I am, are the real caufe of all the public evils we complain of. And do you really think, Sir William, that the licentious pen cf a political writer is able to produce fuch important effects? A little calm reflection might have fhown you, that national calamities do not ariie from the defcription, but from the real character and 'conduct, of minifters. To have fupported your affertion, you mould have proved that the prefent miniftry are unqueftionably the beft and brighteft characters of the kingdom ; and that, if the affections of the colonies have been alienated, if CorGca has been fhamefully abandoned, if com- merce languishes, if public credit is threatened with a new debt, and your own Manilla ranfom, moft difhonourably given up, it has all been ow- ing to the malice of political writers, who will not fuffer the beft and brighteft characlers (meaning Itill the prcfent miniftry) to take a fingle righr ftep for the honour or intereft of the nation. But it feems you were a little tender of coming to parti- culars. Your confcience infinuated to you, that it would be prudent to leave the characlers of Grafton, North, Hilfborough, Weymouth, and Mansfield, to fhift for themielves; and truly, Sir William, the part you have undertaken is at leaft as much as you are equnl to. Without difputing Lord Granby's courage, we are yet to learn in what articles of military know- ledge nature has been fo very liberal to his mind. If you have ferved with him, you ought to have pointed out fome inftances of able difpofition and well-concerted enterprize, which might fairly be attributed to his capacity as a general. It is you, Sir 4 6 LETTERS Sir William, who make your friend appear auk- ward and ridiculous, by giving him a laced fuitof tawdry qualifications, which nature never intended him to wear. You fay, he has acquired nothing but honour in the field. Is the Ordinance nothing ? Are the Blues nothing ? Is the command of the army, with all the patronage annexed to it, nothing? Where he got thefe nothings, I know not ; but you at lead ought to have told us where he deferred them. As to his bounty, companion, &c. it would have been but little to the purpofe, though you had proved all that you have afferted. I meddle with nothing but his character as commander in chief: and, though I acquit him of the bafenefs of felling commiflions, I ftill aiTert that his mili- tary cares have never extended beyond the difpo- fal of vacancies; and I am juftified by the com- plaints of the whole army, when I fay, that in this diftribution he confults nothing but parlia- mentary ^ntereft, or the gratification of his im- mediate dependants. As to his fervile fubmifiion to the reigning miniftry, let me aik, whether he did not defert the caufe of the whole army when he futFered Sir Jeftery Amherft to be facrificed, and what (hare he had in recalling that officer to the fcrvice? Did he noc betray the juft intereft of the army, in permitting Lord Percy to have a re- giment? And does he not at this moment give up all character and dignity as a gentleman, in reced- ing 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 fuch promifes as it is a virtue in him to violate, and that no man is more affiduous to provide for his relations at ths public expcnce. 1 did not urge the Jaft as an abfolute vice in his difpofition, b.ut OF J U N I U S, &c. 47 but to prove that a carelefs difmterejled fpirit is no part of his character ; and as to the other, I de- fire it may be remembered, that I never de- fcended to the indecency of inquiring into his convivial hours. It is you, Sir William Draper, who have taken care to reprefent your friend in the character of a drunken landlord, who deals out his promifes as liberally as his liquor, and will fuffer no man to leave his table either for- rowful or fober. None but an intimate friend, who muft frequently have feen him in thefe un- happy, difgraceiul moments, could have defcribed him fo well. The laft charge, of the neglect of the army, is indeed the molt material of all. I am forry to tell you, Sir William, that, in this article, your firft fact is falfe ; and as there is nothing more painful to me than to give a direct contradiction to a gentleman of your appearance, I could wifh that, in your future publications, you would pay a greater attention to the truth of your premifes, before you fuffer your genius to hurry you to a conclufion. Lord Ligonier did not deliver the army (which you, inclaflical language, are pleafed to call a palladium) into Lord Granby's hands. It was taken from him much againft his inclina- tion, fome two or three years before Lord Granby was commander in chief. As to the ftate of the army, I fhould be glad to know where you have received your intelligence. Was it in the rooms at Bath, or at your retreat at Clifton ? The re- ports of reviewing generals comprehend only n. few regiments in England, which, as they are immediately under the royal infpection, are per- haps in fome tolerable order. But do you know any thing of the troops in the Weft-Indies, the Mediterranean, and North- America, Jo fay no- thing of a whole army abfolutely ruined in Ire- land? Inquire a little into facts, Sir William, before 48 LETTERS before you publifh your next panegyric upon Lord Granby ; and believe me, you will find there is a fault at head-quarters, which even the acknow- ledged care and abilities of the adjutant-general cannot correct. Permit me now, Sir William, to addrefs myfelf perfonally to you, by way of thanks for the ho- nour of your correspondence. You are by no means undeferving of notice; and it may be of confequence even to Lord Granby to have it de- termined, whether or no the man, who has praifed him fo lavifhly, be himfelf deferving of praife. When you returned to Europe, you zealoufly un- dertook the caufe of that gallant army, by whofe bravery at Manilla your own fortune had been eftabliflied. You complained, you threatened, you even appealed to the public in print. By what- accident did it happen, that in the midft of all this buftle, and all thefe clamours for juftice to your injured troops, the name of the Manilla' ranfom was fuddenly buried in a profound, and, fince that time, an uninterrupted filence? Did the miniftry fugged any motives to you, flrong enough to tempt a man of honour to defert and betray the caufe of his fellow-foldiers ? Was it that blufhing riband, which is now the perpetual ornament of your perfon? Or was it that regi- ment, which you afterwards (a thing unprece- dented among foldiers) fold to colonel Gifborne? Or was it that government, the full pay of which you are contented to hold, with the half-pay of an Irifh colonel? And do you now, after a retreat not very like that of Scipio, prefume to intrude yourfelf, unthought-of, uncalled-for, upon the patience of the public? Are your flatteries of the commander in chief directed to another regiment, which you may again difpofe of on the fame honourable terms? We know your prudence, Sir i William, O F J U N I U S. 49 William, and I fhould be forry to ftop your pre- ferment. J U N I U S. LETTER IV. TO JUNIUS. SIR, FEB. 17. 1769. T RECEIVED Junius's favour laft night : he is de- * termined to keep his advantage by the help of his maflc , it is an excellent protection, it has faved many a man from an untimely end. But whenever he will be honeft enough to lay it a- fide, avow himfelf, and produce the face which has fo long lurked behind it, the world will be able to judge of his motives for writing fuch in- famous inve&ives. His real name will difcover his freedom and independency, or his fervility to a faction. Difappointed ambition, refentment for defeated hopes, and deGre of revenge, aflume but too often the appearance of public fpirit; but be his defigns wicked or charitable, Junius fhould learn, that it is poflible to condemn meafures, without a barbarous and criminal outrage againft men. Junius delights to mangle carcafes with a hatchet ; his language and indrument have a great connection with Clare-Market, and, to do him juftice, he handles his weapon moft admi- rably. One would imagine he had been taught to throw it by the favages of America. It is therefore high time for me to ftep in once more- to fhield my friend from this mercilefs weapon, although I may be wounded in the attempt. But I muft firft afk Junius, by what forced analogy and conftruclion the moments of convivial mirth are made to fignify indecency, a violation of en- gagements, a drunken landlord, and a defire that every one in company mould be drunk likewife t E lie 5 LETTERS He mufl have culled all the flowers of St Giles's' and BiJlingfgate to have produced fuch a piece of oratory. Here the hatchet defcends with ten- fold vengeance; but, alas! it hurts no one but its mafter! For Junius muft not think to put words into my mouth, that feem too foul even for his own. My friend's political engagements I know not; fo cannot pretend to explain them, or aflert their confiftency. I know not whether Junius be con- fidcrable enough to belong to any party ; if he fhould be fo, can he affirm that he has always adhered to one fet of men and meafures? Is he fure that he has never fided with thofe whom he was firft hired to abufe? Has he never abufed thofe he was hired to praife ? To fay the truth, 'mo ft mens politics fits much too loofely about them. But as my friend's military character was the chief object that engaged me in this contro- verfy, to that I mall return. Jnnius afks, what inftances my friend has given of his military (kill and capacity as a general? When and where he gained his honour ? When he deferved his emoluments ? The united voice of the army which ferved under him, the glori- ous teftimony of prince Ferdinand, and of van- quimed enemies, all Germany will tell him. Junius repeats the complaints of the army againft parliamentary influence. I love the army too well, not to wifh that fuch influence were lefs. Let Junius point out the time when it has not pre- vailed. It was of the leaft 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 flem a torrent which would have overborne any private fubject. In time of war this influence is fmall. In peace, when difcon- tent and faction have the fureft means to operate, efpecially in this country, and when from a fcarcity O F J U N I U S. 51 fcarcity of public fpirit the wheels of govern- ment are rarely moved but by the power and force of obligations, its weight is always too great. Yet, if this influence at prefent 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 beft interefts of the army are facri- ficed and betrayed, or the nation undone. Let me aflc Junius, if he knows any one nobleman in the army, who has had a regiment by feniority ? I feel myfelf happy in feeing young noblemen of illuftrious name and great property come among us. They are an additional fecurity to the king- dom from foreign or domeftic flavery. Junius needs not be told, that fhould the time ever come, when this nation is to be defended only by thofe who have nothing more to lofe than their arm^ and their pay, its danger will be great indeed. A happy mixture of men of quality with foldiers of fortune is always to be wifhed for. .But the main point is (till to be contended for, I mean the discipline and condition of the army ; and I muft dill maintain, though contradicted by Junius, that it was never upon a more refpetable footing, as to all the eflentials that can form good foldiers, than it is at prefent. Junius is forced to allow, that our army at home may be in fome tolerable order ; yet how kindly does he invite our late enemies to the invafion of Ireland, by afluring- them that the army in that kingdom is totally ruined ! (The colonels of that army are much obliged to him.) I have too great an opinion of the military talents of the lord lieutenant, and of all theff diligence and capacity, to believe it. If from fome ftrange, unaccountable fatality, the people of that kingdom cannot be induced to con- i'ult their own fecurity by fuch an efFedual aug- mentation as may enable the troops there to at with power and energy, is the commander in E * chief' 5 * LETTERS chief here to blame ? Or is he to blame, becaufe the troops in the Mediterranean, in the Weil- Indies, in America, labour under great difficul- ties from the fcarcity of men, which is but too vifible all over thefe kingdoms ? Many of our forces are in climates unfavourable to Britifh conftitutions ; their lots is in proportion. Britain muft recruit all thefe regiments from her own emaciated bofom, or, more precarioufly, by Ca- tholics from Ireland. We are likewife fubject to the fatal drains to the Eaft-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 fome fenfible bill of naturalization. I mull now take the liberty to talk to Junias on my own account. He is pleafed to tell me that he addrefles himfelf to me perfonally ; I fhall be glad to fee him. It is his imperfonality that I complain of, and his invifible attacks : for his dagger in the air is only to be regarded becaufe one cannot fee the hand which holds it; but had it not wounded other people more deeply than myfelf, I fhould not have obtruded myfclf at all on the patience of the public. Mark how a plain tale (lull put him down, and transfufe the blufh of my riband into his own cheeks. Junius tells me, that at my return, I zealoufly undertook the caufe of the gallant army by whofe bravery at Manilla my own fortunes were eftablifhed ; that I complained, that I even appealed to the public. I did fo ; I glory in ha- ving done fo, as I had an undoubted right to vin- dicate my own character attacked by a Spanifli memorial, and to aflert the rights of my brave companions. I glory likewife, that I have never taken up my pen, but to vindicate the injured. Junius afks by what accident did it happen, that in the midft of all this buftle, and all the clamours for O F J U N I U S. 53 for juftice to the injured troops, the Manilla ran- fom was fuddenly buried in a profound, and, fince that time, an uninterrupted filence ? I will ex- plain the caufe to the public. The feveral mini- fters who have been employed fince that time have been very defirous to do juftice, from two moft laud- able motives ; a ftrong inclination to affift injured bravery, and to acquire a well deferved popula- rity to themfelves. Their efforts have been in. vain. Some were ingenious enough to own, that they could not think of involving this di- ftrefled nation into another war for our private Concerns. In fhort, our rights for the prefent are facrificed to national convenience ; and 1 muft. confefs, that although I may lofe five-and-twenty thoufand pounds by their acquiefcence to this breach of faith in the Spaniards, I think they are. in the right to temporize, confidermg the critical fituation of this country, convulfed in every part by poifon infufed by anonymous, wicked, and incendiary writers. Lord Shellnirne will do me the juftice to own, that, in September laft, I waited upon him with a joint memorial from the admiral Sir S. Cornifh and myfelf, in behalf of our injured companions. His lordlhip was as, frank upon the occafion as other fecretaries had been before him. He- did not deceive us by gi- ving any immediate hopes of relief., Junius would bafely infinuate, that my filence may have been purchafed by my government, by tny blujbing riband, by my regiment, by the fale. of that regiment, and by half-pay as an. Irifh co- lonel. His Majefty was pleafed to give me my govern- ment for my fervice at Madras. I. had my fir ft regiment in 1757. Upon rny return from Ma- nilla, his Majelty, by. Lord llgremont, informed. ni that I ftiould have the fir it vacant red riband,. E a & 54 LETTERS as a reward for many fervices in an enterprife which I had planned as well as executed. The Duke of Bedford and Mr Grcnville confirmed thofe aflurances many months before the Spa- niards had protefted the ranfom bills. To accom- modate Lord Clive, then going upon a moft im- portant fervice to Bengal, I waved my claim to the vacancy which then happened. As there was no other vacancy until the Duke of Grafton and Lord Rockingham were joint minifters, I was then honoured with the order: and it is furely no fmall honour to me, that in fuch a fuccefTion of minifters, they were all pleafed to think that I had deferved it j in my favour they were all united. Upon the reduction of the 7pth regi- ment, which had ferved fo glorioufly in the Eaft- Indies, his Majefty, unfolicited by me, gave me the i6th of foot as an equivalent. My motives for retiring afterwards are foreign to the purpofe : let it fuffice, that his Majefty was pleafed to ap- prove of t*hem j they are fuch as no man can think indecent, who knows the (hocks that re- peated viciflitudes of heat and cold, of dangerous and fickly climates, will give to thebeftconftitutions, in a pretty long courfe of fervice. I refigned my regiment to colonel Gifborne, a very good officer, for his half-pay, 200 1. Irifh annuity ; fo that, according to Junius, I have been bribed to fay nothing more of the Manilla ranfom, and facri- fice thofe brave men, by the ftrange avarice of ac- cepting three hundred and eighty pounds per annum,, and giving up eight hundred ! If this be bribery, it is not the bribery of thefe times. As to my flattery, thofe who know me will judge of it. By- the afperity of Junius's ftyle, I cannot indeed call him a flatterer, unlefs he be as a cynick, or a maftiff-, if he wags his tail, he will ftill growl, and long to bite. The public will now judge of the credit that ought to be given to Junius's writings O F J U N I U S. 55 writings, from the falfities that he has infmuated with refpeft to myfelf. WILLIAM DRAPER. LETTER V. TO SJR WILLIAM DRAPER, KNIGHT OF THE BATH. S I R, FEB. 21. 176^ T fhould juftly be fufpecled of acting upon mo- * fives of more than common enmity to Lord Granby, if I continued to give you frefh materials or occnfion for writing in his defence. Individuals who hate, and the public who defpife, have read your letters, Sir William, with infinitely more fatisfa&ion than mine. Unfortunately for him, his reputation, like that unhappy country to which you refer me for his laft military atchieve- ments, has fuffered more by his friends than his enemies. In mercy to him, let us drop the fub- }el. For my own part, I willingly leave it to the public to determine whether your vindication of your friend has been as able and judicious, a* it was certainly well intended ; and you, I think, may be fatisfied with the warm acknowledg- ments he already owes you for making him the principle figure in a piece, in which, but for your amicable afiiftance, he might have pafled without prrticular notice or diftinlion. In juftice to your friends, let your future la- bours be confined to the care of your own repu- tation. Your declaration, that you are happy in feeing young noblemen come among its t is liable to two objections. With refpecT: to Lord Percy, it means nothing, for he was already in the army, He was aid-de-camp to the King, and had the rank of colonel. A regiment therefore could not make him a more military man, though it mads him S 6 LETTERS him richer, and probably at the expence of fome brave, deferving, friendlefs ofBcer. The other concerns ycmrfelf. After felling the companions of your vilory in one inftance, and after felling your profeffion in the other, by what authority do you prefume to call yourfelf a foldier ? The plain evidence of facts is fuperior to all declara- tions. Before you were appointed to the i6th regiment, your complaints were a diitrefs to go- vernment ; from that moment you were filent. The conclufion is inevitable. You insinuate to us that your ill ftate of health obliged you to quit the fervice. The retirement necefiary to repair a broken cciiftitution would have been as good a reafon for not accepting, as for refigning, the command of a regiment. There is certainly an error of the prefs, or an affected obfcurity in that paragraph, where you fpsak of your bargain with colonel Gifborne. Inftead of attempting to an- fwer what I do not really underftand, 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 leaft 220 1. a-year) and an annuity of 200 1. for your own and lady Draper's life jointly. And is this the lofing bargain, which you would reprefent to us, as if you had given up an income of 800 1. a-year for 380!.? Was it decent, was it honourable, in a man who pretends to love the army, and calls himfelf a foldier, to make a traffic of the royal favour, and turn the higheft honour of an aclive profefliorr in- to a fordid provifion for himfelf and his family ? It were unworthy of me to prefs you farther. The contempt with which the whole army heard of the rnanner of your retreat, afTures me, that as your conduct was not juftified by precedent, it will never be thought an example for imitation. The lad and moft important queflion remains.. When you receive your half pay, do you, or do you. O F J U N I U S. 57 you not, take a folemn oath, or fign a declaration upon your honour, to the following effect ? That you do not a finally hold any place of profit t civil or mi- litary^ under his Mnjefty. The charge which the queftion plainly conveys againft you, is of fo fbocking a complexion, that I fmcerely wifli you may be able to anfwer it well, not merely for the colour of your reputation, but for your own peace of mind. J U N I U S. LETTER VI. TO JUN1US. SIR, FEB. 27. 1769. T HAVE a very fhort anfwer for Junius' s im- * portant queftion ; I do not either take an oath, or declare upon honour, that I have no plact of profit, civil or military, when I receive the half-pay as an Irifh colonel. My moft gracious Sovereign gives it me as a penfion ; he was pleafed to think I deferved it. The annuity of 200 1. Irifh, and the equivalent for the half- pay, together, produce no more than 380!. per annum, clear of fees and perquifites of office. I receive 167 3- from my government of Yarmouth. Total 547 1. per annum. My conference is much at eafe in thefe particulars; my friends need not blufh for me. Junius makes much and frequent ufe of in- terrogations : they are arms that may be eafily turned againft himfelf. I could, by malicious interrogation, difturb the peace of the moft vir- tuous man in the kingdom. I could take the de- calogue, and fay to one man, Did you never fteal? To the next, Did you never commit murder ? And to Junius himfelf, who is putting my life and conduct to the rack, Did you never bear falfe witnefs againil thy neighbour ? Junius muft 5 S LETTERS eafily fee, that unlefs he affirms to the contrary in his real name, fome people who may be as ig- norant of him as I am, will be apt to fufpeft him of having deviated a little from the truth : there- fore let Juntas aflc no more queltions. You bite againft a file : ceafe, viper. W. D. LETTER VII. TO SIR WILLIAM DRAPER, KNIGHT OF THE BATH. SIR, MARCH 3. 1769. AN academical education has given you au unlimited command over the mod beauti- ful figures of fpeech. Mafles, hatchets, racks, and vipers, dance through your lettters in all the mazes of metaphorical confufion. Thefe are the gloomy companions of a difturbed imagination ; the melancholy madnefs of poetry, without the infpiration. I will not contend with you in point of competition. You are a fcholar, Sir William} and, if I am truly informed, you write Latin with almoft as much purity as Englifh. Suffer me then, for I am a plain unlettered man, to con- tinue that ftyle of interrogation, which fuits my capacity, and to which, confidering the readinefs of your anfwers, you ought to have no objection. Even * Mr Bingly promifes to anfwer, if put t the torture. Do you then really think, that, if I were to ?.(k a mofl virtuous man whether he ever committed theft, or murder, it would difturb his peace of mind ? Such a queftion might perhaps difcom- pofe the gravity of his rnufcles, but I believe it would little affect the tranquillity of his confci- ence. * Th's man, being committed to the court of King's Bench for contempt, 'voluntarily made oath, that he would never auiwci in- tcnugatorici, uiil;i> he fljould be put to the loi'turc. O F J U N I U S. 5Q ence. Examine your own Lreaft, Sir William, and you will difcover, that reproaches and in- quiries have no power to afflict either the man of unblemifhed integrity, or the abandoned profli- gate. It is the middle compound character which alone is vulnerable ; the man, who, with- out firmnefs enough to avoid a difhonourable ac- tion, has feeling enough to be afhamed of it. I thank you for the hint of the decalogue, and|fhall take an opportunity of applying it to fome of your mod virtuous friends in both houfes of parliament. You feem to have dropped the affair of your regiment ; fo let it reft. When you are appointed to another, I dare fay you will not fell it either for a grofs fum, or for an annuity upon lives. I am truly glad (for really, Sir William, I am not your enemy, nor did I begin this contefl with you) that you have been able to clear yourfelf of a crime, though at the expence of the higheft in- difcretion. You fay that your half-pay was given you by way of penfion. I will not dwell upon the fingularity of uniting in your own perfon two forts of provifion, which in their own nature, and in all military and parliamentary views, are incompatible j but I call upon you to juftify that declaration, wherein you charge your Sovereign with having done an ac"l in your favour notori- oufly againft law. The half-pay, both in Ireland and England, is appropriated by Parliament ; and if it be given to perfons who, like you, are le- gally incapable of holding it, it is a breach of law. It would have been more decent in you to have called this difhonourable tranfa&ion by its true name ; a job to accommodate two perfons, by par- ticular intereft and management at the caftle. What fenfe muft government have had of your fer- vices, when the rewards they have given you are only a difgrace to you! And now, Sir William, I fhall take my leave of 60 LETTERS of you for ever. Motives very different from any apprehenfion of your refentment, make it im- poflible you mould ever know me. In truth, you have fome reafon to hold yourfelf indebted to me. From the leflbns I have given you, you may col- left a profitable inftrudHon for your future life. They will either teach you fo to regulate your con- duel, as to be able to fet the moft malicious in- quiries at defiance , or, if that be a loft hope, they will teach you prudence enough not to at- tradl the public attention to a character, which will only pafs without cenfure, when it pafles without observation. JUNIUS. It has been faid, I believe truly, that it was fignified to Sir Wil- liam Draper as the requeft of Lord Granby, that he fhould defift from writing in hisLordfhip's defence. Sir Willirm Draper certainly drew Junius forward to fay more of Lord Granby 's character than he originally intended. He was reduced to the dileir.ma of either being totally filenced, or of fupporting his firft letter. Whether Sir William had a right to reduce him to this dilemma, or to call upon him for his name, after a voluntary attack on his fide, are cjueftions fubmitted to the candor of the public. Thedeath of Lord Granby was lamented by Juniut. He undoubtedly owed fome com- penfations to the public, and feemed determined to acquit himfelf of them. In private life, he was unquestionably that good man, who, for the intereft of his country, ought to have been a great one. Sonum virum facile dixtris , magnum libenltr. I fpcak of him now without partiality : I never fpoke of him with refentment. His tniftakes, in public conduct, did not arife either from want of fen t'tment, or want of judgment, but in general from the difficulty of faying NO to the bad people who fnrrounded him. .As for the rft, the friends of Lord Granby fhould remember, that he himfelf thought proper to condemn, retracl, and difavow, ijy a inoft folemn declaration in the houie of Commons, that very fyftem of political conducl which Junius had held forth to the dif- approbation of the public. LETTER VIII. TO THE DUKE OF GRAFTON. MY LORD, MARCH 18. 1769. "DEFORE you were placed at the head of affairs, -*-^ it had been a maxim of the Englifti govern- ment, not unwillingly admitted by the people, i that O F J U N I U S. 61 that every ungracious or fevere exertion of the prerogative (liould be placed to the account of the Minifter; but that, whenever an ai of grace or benevolence waste be performed, the whole merit of it mould be attributed to the Sovereign him- felf*. It was a wife do&rine, my Lord, and equally advantageous to the King and his fub- jec~l ; for while it preferved that fufpicious at- tention, with which the people ought always to examine the condudt of minifters, it tended at the fame time rather to increafe than diminiih their attachment to the perfon of their Sovereign. If there be not a fatality attending every meafureyou are concerned in, by what treachery, or by what excefs of folly, has it happened, that thofe ungra- cious a6ls which have diftinguifhed your admi- niftration, and which I doubt not were entirely your own, mould carry with them a ftrong appear- ance of perfonal intereft:, and even of perfonal en- mity, in a quarter where no fuch intereft or enmity- can be fuppofed to exift without the higheft in- juftice and the higheft difhonour ? On the other hand, by what injudicious management have you, contrived it, that the only aft of mercy, to which you have ever advifed your Sovereign, far from adding to the luftre of a character truly gracious and benevolent, fhould be received with univer- fal difapprobation and difguft ? I (hall confider it as a minifterial meafure, becaufe it is an odious one ; and as your meafure, my Lord Duke, be- caufe you are the minifter. As long as the trial of this chairman was de- pending, it was natural enough that government ihould give him every poffible encouragement and fupport. The honourable fervice for which he \v as hired, and the fpirit with which he performed it, made a common caufe between your Grace and F him. * Les rois ne fe font referve q; ks gracer. Us rsnvoier.t les condiim nations vers Icurj offiw'.crj, AicHlcfy'ti-.u** 62 LETTERS him. The minifter, who by fecret corruption in- vades the freedom of elections, and the ruffian, who by open violence deftroys that freedom, are embarked in the fame bottom. They have the fame interefts, and mutually feel for each other. To tlo juftice to your Grace's humanity, you felt for IM'Qjjirk as you ought to do ; and if you had been contented to affift him indirectly, without a notorious denial of juftice, or openly infulting the fenfe of the nation, you might have fatisfied every duty of political friendfhip, without com. muting the honour of your Sovereign, or hazard- ing the reputation of his government. But when this unhappy man had been folemnly tried, con- vited, and condemned ; when it appeared that he had been frequently employed in the fame fer- vices, and that no excufe for him could be drawn either from the innocence of his former life, or the fimplicity of his character ; was it not hazard- ing too much to interpofe the ftrength of the pre- rogative between this felon and the juftice of his country*? You ought to have known that an ex- ample ' JPkiti'hjlI, Marco it, \T6<). His Majefty has been gracioufly pleafed to extend hif royal mercy to Edward M' Quirk, found guilty of the murder of George Clarke, as appears by his royal warrant eo the tenor following. GEORGE R. WHEREAS a doubt had arifen in Our Royal bread cor.rerning the evidence of the death of George Clarke, from the rcprefentations of WilFiam Broomficld, Efq; fnrgeon, and Salomon Starling, apo- thecary; both of whom, as has been reprefemcd to Us, attended the decafcd before his death, and cxprtllcd thtir opinions that he did not die of the blow he received at Brentford : And whereas it appears to Us, that neither of the faid perfons were produced as witnefTes upon the trial, though the faid Solomon Starling had been examined before the Coroner ; and the only pcrf.-.n calkd to prove tint the death of the laid George Clarke was occafioned by the faid blow, was John Foot, furgeon, who never faw thedeceafed till after his death : We thought fit thereupon to refer the faid reprefenta- tions, together with the report of the Recorder of Our city of Lon- don, ef the evidence given by Richard and William Beale, and the faid John Foot, on the trial of Edward Q^iilc, otherwife called Kd- vard Kirk, otherwife called Edward M'Quirk, for the murder of the faid Clarke, to the matter, wardens, and the reft of the court of O F J U N I U S. 63 ample of this fort was never fo neceflary.as at prefent ; and certainly you mud have known that the lot could not have fallen upon a more guilty object. What fyftem of government is this ? You c.m perpetually complaining of the riotous dilpo- lition of the lower clafs of people ; yet when the laws have given you the means of making an ex- ample in every fenfe unexceptionable, and hy far the moft likely-to awe the multitude, you pardon the offence, and are not afhamed to give the fanc- tion of government to the riots you complain of, and even to future murders. You are partial per- haps to the military mode of execution ; and had rather fee a fcore of thefe wretches butchered by the guards, than one of them fuffer death by re- gular courfe of law. How does it happen, my Lord, F 2 that, of examiners of the Surgeons company, commanding tl-.cm likewife to take futh further examination of the faid perfonsfo reprefenting, 1 ecefLry, together ported to Us their opinion, "That it did not appear to them that " he did ;" \Ve have thought proper to extend Our royal mercy to liim the faid Edward Quirk, otherwife Edward Kirk, otherwife cal- led Edward M'Qnirk, and to giant him Our free pardon for the murder of the faid George Clarke, of which he has been found guilty. Our will and pleafure therefore is, That he the faid Edward Quirk, otherwife called Kirk, otherwife called Edward M Quirk, be inferred for the faid murder, in Our firft and next general par- don that fhall come. out for the poor convifts of Newgate, without any condition wha;foever; and that in the mean time you take bill for his appearance, in order to plead Our faid pardon. And for fo doing this (hall be your warrant. Given at Our court at St. James's the loth day of March I7<5p, in the ninth year of Our reign. By his Majeity's command, ROCHFORD, To our trufly and w-cll beloved James Eyie, Eiq; Recorder of Our city of London, the Shciiffs of our faid city and coui.ty of JViiddlefex, and all others \\hom it may concern. 64 LETTERS that, in yntr hands, even the mercy of the prero- gative is cruelty and oppreffion to the fubjeft ? The meafure,it feems,was fo extraordinary, that you thought it neceflary to give fome reafons for it to the public. Let them be fairly examined. I. You fay that Meffrs Bromfield and Starling, were net examined at M'^iirk's trial. I will tell your Grace why they were not. They muft have been examined upon oath ; and it was forefeen, that their evidence would either not benefit, or might be prejudicial to the prifoner. Otherwife, is it conceivable that his counfel fhould negleft to call in fuch material evidence ? You fay that Mr Foot did not fee the deceafed un- til after bis death. A furgeon, my Lord, mult know very little of his profeffion, if upon exa- mining a wound or a contufion, he cannot deter, mine whether it was mortal or not. While the party is alive, a furgeoa will be cautious of pro- nouncing ; whereas by the death of the patient, he is enabled to confider both caufe and eiTect in one view, and to fpeak with a certainty confirm- ed by experience. Yet \ve are to thank your Grace for the efta- blifhment of a new tribunal. Your inquijitio pojl mortem is unknown to the laws of England, and does honour to your invention. The only ma- terial objection to it is, that if Mr Foot's evidence was infufficient, becaufe he did not examine the wound till after the death of the party, much lefs c.in a negative opinion, given by gentlemen \vho never faw the body of Mr Clarke, either be- fore or after his deceafe, authorife you to i'uper- letlc the verditt of a jury, and the fentence of the law. Now, my Lord, let me afk you, Has it never occurred to your Grace, while you were with- drawing this defperate wretch from that juflice v.-hich the laws hatl awarded, and which the whole people o F j tr N f tr s. 65 people of England demanded againft him, that there is another man, who is the favourite of his country, whofe pardon would have been accepted v. ith gratitude, whofe pardon would have healed ail our divifions ? 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 ? Thefe are queflions you will not anfwer, nor is it neceiTary. The character of your private life, and the tenour of your public conduct, is an anfwer to them all. J U N I U S. LETTER IX. TO HIS GRACE THE DUKE OF GRAFTON. MY LORD, APRIL 10. 1769, IHave fo good an opinion of your Grace's dif- cernment, that when the author of the vin- dication of your condutl aiTures us, that he writes from his own mere motion, without the leaft authority from your Grace, I fliould be ready enough to believe him but for one fatal mark, which feems to be fixed upon every meafure iu which either your perfonal or your political chn- radler is concerned. Your firft attempt to fup- port Sir William Prolor ended in the election of Mr Wilkes ; the fecond enfured fuccefs to Mr Glynn. The extraordinary Hep you took to make bir James Lowther lord paramount of Cumber- land, has ruined his intereft in that country for ever. The Houfe Lift of Directors was cur fed with the concurrence of government ; and even the miferable * Dingley could not efcape the mif- F 3 fortune * This unfortunate perfo!i had been perfuaded by the Duke of Craft on to fet up for Middlefcx, h'S Grace I, ting determined ro (eat him in ihe Houie of Commons if hs had bu; a Tingle vott. It hap- pened unluckily that he could not prevail upon anyone IreehoK'.-.r to' put him : .a nomiiuttun. 66 LETTERS fortune of your Grace's prote&ion. With this uniform experience before us, we are authorifed to fufpect, that when a pretended vindication of your principles and conduct in reality contains the bittereft refieclions upon both, it could not have been written without your immediate direc- tion and affiftance. The author indeed calls God to witnefs for him, \vith all the fincerity and in the very terms of an Irifh evidence, to the bejl of bis knowledge and belief. My Lord, you ihould rot encourage thefe appeals to heaven. The pi- ous Prince from whom you are fuppofed to de- fcend, made fuch frequent ufe of them in his public declarations, that at laft the people alfo found it neceflary to appeal to heaven in their turn. Your adminiftration has driven us in-to circumftances of equal diftrefs; beware at leaft how you remind us of the remedy. You have already much to anfwer for. You have provoked this unhappy gentleman to play the fool once more in public life, in fpite of his years and infirmities ; and to fliow us, that, as you yourfelf area fingularinftance of youth without fpi- rit,theman whodefends you is a no lefs remarkable example of age without the benefits of experience. To follow fuch a writer minutely would, like his own periods, be a labour without end. The fub- jecl too has been already difcufled, and is fuffi- ciently underftood. I cannot help obfetving, however, that, when the pardon of M'Quirk was the principal charge againft you, it would have been but a decent compliment to your Grace's underftanding, to have defended you upon your own principles. What credit does a man deferve, who tells us plainly, that the fats fet iorth in the King's proclamation were not the true motives on which the pardon was granted ; and that he wifiies that thofe chirurgical reports, ' which firft gave occafion to certain doubts in the royal OF J U N I U S. 67 royal breaft, bad not been laid before his Majefty. You fee, my Lord, that even your friends can- not defend your adlions, without changing your principles; nor juftify a deliberate meafure of government, without contradicting the main af- lertion on which it was founded. The conviction of M'Qmrk had reduced you to a dilemma, in which it was hardly poffible for you to reconcile your political intereft with your duty. You were obliged either toabandon an adlive ufeful partifan, or to protect a felon from public juftice. With your ufual fpirit, you preferred your intereft to every other consideration ; and with your ufual judgment, you founded your de- termination upon the only motives which mould not have been given to the public. I have frequently cenfured Mr Wilkes's con- duct, yet your advocate reproaches me with hav- ing devoted myfelf to the fervice of fedition, Your Grace can beft inform us, for which of Mr Wilkes's good qualities you firft honoured him with your friendfhip, or how long it was be- fore you difcovered thofe bad ones in him at which, it feems, your delicacy was offended. Re- member, my Lord, that you continued your con- nection with Mr Wilkes long after he had been convicted of thofe crimes which you have fince taken pains to reprefent in the blackeft colours of blafphemy and treafon. How unlucky is it that the firft inftance you have given us of a fcrupu- lous regard to decorum is united with the 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 fuch a friendfhip, I would never have been bafe enough to betray it. But, let Mr Wilkes's character be what it may, this at lead is certain, that, circumftanced as he is with re- gard to the public, even his vices plead for him. The people cf England have too much difcern- 68 LETTERS ment to fufler your Grace to take advantage of the failings of a private character, to eftablifh a precedent by which the public liberty is affeded, and which you may hereafter, with equal eafe and fatisfalion, employ to the ruin of the belt men in the kingdom. Content yourfelf, my Lord, with the many advantages which the un- fullied purity of your own character has given you over your unhappy deferted friend. Avail your- felf of all the unforgiving piety of the court you live in, and blefs God that you " are not as " other men are ; extortioners, unjuft, adulterers, " or even as this publican." In a heart void of feeling, the laws of honour and good faith may be violated with impunity, and there you may fafely indulge your genius. But the laws of Eng- land fluill not be violated, even by your holy zeal to opprefs a (inner; and though you have fuc- ceeded in making him a tool, you (hall not make him the victim of your ambition. JUNIU8. LETTER X. TO MR EDWARD "\VESTON. SIR, APRIL 21. 1769* IS AID you were an old man without the benefit of experience It feems yon are alfo a vo- lunteer with the ilipend of twenty commifiions v and, at a period when all pro'pecls are at an end, you are ftill looking forward to rewards which you cannot enjoy. No man is better acquainted with the bounty of government than you are. ton impudence, < Temeralre vieill^rd^ aura fa recampenfe. But I will not defcend to an altercation either with the impotence of your age, or the peevifh- nefs of your difeafes. Your pamphlet, ingenious O F J U N I U S. 69 as it is, has been fo little read, that the public cannot know how far you have a right to give me the lie, without the following citation of your own words. Page 6 < i. That he isperfuaded that the mo- tives, which he (Mr Weiton) has alleged, muft * appear fully fufficient, with or without the opi- ' nions of the furgeons. * 2. That thofe very motives MUST HAVE ' BEEN the foundation on which the Earl of * Rochford thought proper, &c. ' 3. That he CANNOT BUT REGRET that the ' Earl of Rochford feems to have thought proper ' to lay the chirurgical reports before the king, ' in preference to all the other fufficient mo- tives/ &c. Let the public determine whether this be de- fending government on their principles or youp own. The ftyle and language you have adopted are, I confefs, not ill fuited to the elegance of your own manners, or to the dignity of the caufe you have undertaken. Every common dauber writes rafcal and villain under his pi&ures, becaufe the piftures themfelves have neither character nor refemblance. But the works of a matter require no index. His features and colouring are taken from nature. The impreffion they make is im- mediate and uniform ; nor is it pofflble to miftake his chara&ers, whether they reprefent the treachery of_a minifter, or the abufed fnnplicity of a king. J U N I U S. LET- 7 LETTERS LETTER XI. TO HIS GR^CE THE DUKE OF GRAFTON. Mv LORD, APRIL 24. 1769* THE fyilem you feemed to have adopted, when Lord Chatham unexpectedly left you at the head of affairs, gave us no promife of that uncommon exertion of vigour, which has fince illuftrated your character and diftinguifhed your administration. Far from discovering a fpirit bold enough to in- vade the firft rights of the people and the fir ft principles of the conftitution, you were fcrupu- lous of exercifing even thofe powers with which the executive branch of the legillature is legally inverted. We have not yet forgotten how long Mr Wilkes was fuffered to appear at large, nor how long he was at liberty to canvafs for the city and county, with all the terrors of an outlawry hanging over him. Our Gracious Sovereign has not yet for- gotten theextraordinary care youtookof his dignity and of the fafety of his perfon, when, at a crifis vhich courtiers affected to call alarming, you left the metropolis expofed for two nights together, to every fpecies of riot and diforder. Thefecurity of the Royal refidence from infult was then fufiiciently provided for in Mr Conway's firmnefs, and Lord Weymouth's difcretion ; while the piime minifter of Great Britain, in a rural retirement, and in the arms of faded beauty, had lotl all memory of his Sovereign, his country, and himftlf. In thefe in- ftances you might have acted with vigour, for you would have had the fanction of the laws to fupport you. The friends of government might have de- fended you without flume; and moderate men, who with well to the peace and good order of fo- ciety, might have had a pretence for applauding your conduct. Bat thefe, it fcems, were not occa- fions O F J U N I U S. 71 fions worthy of your Grace's interposition. You referved the proofs of your intrepid fpirit for trials of greater hazard and importance ; and now, as if the moft difgraceful relaxation of the execu- tive authority had given you a claim of credit to indulge in excefles ftill more dangerous, you feem determined to compensate amply for your former negligence, and to balance the non-execution of the laws with a breach of the conftitution. From, one extreme you fuddenly ftart to the other, with- out leaving, between the weaknefs and the fury of the paffions, one moment's interval for the firm- nefs of the underftanding. Thefe obfervations, general as they are, might eafily be extended into a faithful hiftory of your Grace's administration, and perhaps may be the employment of a future hour. But the bufinefs of the prefent moment will not fuffer me to look back to a feries of events, which ceafe to be intereft- ing or important, becaufe they are fucceeded by a meafure fo fmgularly daring, that it excites all our attention, and engrofles all our refentment. Yourpatronage of Mr Luttrell has been crowned with fuccefs. With this precedent before you, with the principles on which it was eflablifhed, and with a future houfe of commons, perhaps lefs virtuous than the prefent, every county in Eng- land, under the aufpices of the treafury, may be reprefented as completely as the county of Middle- fex. Pofterity will be indebted to your Grace for not contenting yourfelf with a temporary ex- pedient, but entailing upon them the immediate bleflings of your administration. Boroughs were already too much at the mercy of government. Counties could neither be purchafed nor intimi- dated. But their folemn determined election may be rejected, and the man theydeteft may be appoin- ted, by another choice, to reprefent them in parlia- ment. Yet it is admitted, that the Sheriffs obeyed 3 the 7* L E T T E P. S the laws and performed their duty *. The return - they made muft have been legal and valid, or un- doubtedly they would have been cenfured for ma- king it. With every good-natured allowance for your Grace's youth and inexperience, there are fome things which you cannot but know. You cannot but know that the right of the freeholders to adhere to their choice (even fuppoGng it im- properly exerted) was as clear and indifputable as that of the houfe of commons to exclude one of their. own members? Nor is it poffible for you not to fee, the wide diflance there is between the negative power of rejecting one man, and the po- fitive power of appointing another. The right of expuHion, in the mod favourable fenfe,is no more than the cuftom of parliament. The right of e- iection is the very eflence of the conflitution. To violate that right, and much more to transfer it to any other fet of men, is a ftep leading imme- diately to the diflblution of all government. So far forth as it operates, it constitutes a houfe of commons which does net reprefent the people. A lioufe of commons fo formed would involve a con- tradiction and the grofieft confufion of ideas ; but there are fome miniflers, my Lord, whofe views can only be anfwered by reconciling abfuiuities, and making the fame propofition, which is falie and abfurd in argument, true in fact. This meafure, my Lord, is however attended with one confequence favourable to the people, vhich I am perfuaded you did not forefee f. While the conteft lay between the miniftry and Mr Wilkes, his fituation and private character, gave you advantages over him, which common candour, if not the memory of your former friend- fhip, fliould have foibidden you to make ufe of. To * Sir Fletcher Norton, when it was prnpofcd topuniili thefherifft, declared in the houfe of commons that they, in returning Mr Wiikt's, hid done no more tfian their duty. f The reader is dcfired to rnaik ihis prophecy. . O F J U N I U S. 73 To religious men, you had an opportunity of exag- gerating the irregularities of his paft life ; to mo- derate men, you held forth the pernicious confc- quences of faction. Men, who with this character looked no farther than to the objel before them, xvere not diflatisfied at feeing Mr Wilkes excluded from parliament. You have now taken care to fliift the queftion ; or rather, you have created a new one, in which Mr Wilkes is no more concerned than any other Englifh gentleman. You have united this country againft you on one grand con- ftitutional point, on the decifion of which our exiftence, as a free people, abfoluteiy depends. You have afferted, not in words but in fa ft, that the reprefentation in parliament does not depend upon the choice of the freeholders. If fuch a cafe can poffibly happen once, it may happen frequent- ly; it may happen always: and if three hundred votes, by any mode of reafoning wharfoever, can prevail againft twelve hundred, the fame reafoning would equally have given Mr Luttrell his feat with ten votes, or even with one. The confequences of this attack upon tb. conftitution are too plain and palpable not to al'.rm the dulleft apprehenfion. I truft you will find, that the people of England are neither deficient in fpirit nor underftanding, though you have treated them as if they had nei- ther fenfe to feel, nor fpirit to refent. We have reafon to thank God and our anceftors, that there never yet was a minifter in this country, who could {land the iilue of fuch a conflict ; and with every prejudice in favour of your intentions, I fee no fuch abilities in your Grace, as fhould intitle you to fucceed in an enterprise, in which the r.bleft and bafcft of your predeceiTors have found their deftruftion. You may continue to deceive your gracious mafter with falfe reprefer.tations cf the temper and condition of his fubjecls. You may command a venal vote, becaufe it is the common G efta- 74 LETTERS eftabliflied appendage of your office. But never hope that the freeholders will make a tame furren- der of their rights, or that an Englifh army will join with you in overturning the liberties of their country. They know that their firft duty as citi- zens, is paramount to all fubfequent engagements} nor will they prefer the difcipline or even the ho- nours of their profeflion to thofe facred original lights, which belonged to them before they were ibldiers, and which they claim and pofiefs as the birth-right of Englifhmen. Return, my Lord, before it be too late, to that eafy infipid fyftem which you firft fet out with. Take back your *miftrefs , the name of friend jmay be fatal to her, for it leads to treachery and perfecution. Indulge the people. Attend New- market. Mr Luttrell may again vacate his feat j and Mr Wilkes, if not perfecuted, will foonbe for- gotten To be weak and inactive, is fafer than to be daring and criminal-, and wide is the diftance "between a riot of the populace and a convulfion of the whole kingdom. You may live to make the experiment, but no honeft man can wifh you fliould furvive it, J U N I U S. LETTER XII. TO HIS GRACE THE DUKE OF CRAFTON. My LORD, May 30. 1769. IF the meafures in which you have been mod fuccefsful, had been fupported by any tolerable appearance of argument, I mould have thought my time not ill employed, in continuing to examine your conduct as a miniiler, and dating it fairly to the public. But when I fee queflions of the higheft * The Duke, about this time, had fcparated himfclf from Ann Parfons; but propofed to continue united with her, oti feme pla- tonic terms of friendship, which file rej.fled with contempt. His Lafencfs to this woman is beyond dcfciipciou or belief. O F J U N I U S, 75 higheft national importance carried as they have been, and the firft principles of the conftitution open- ly violated, without argument or decency, I confefs I give up the caufe in defpair. The meaneft of your predecefibrs had abilities fufficient to give a colour to their meafures. If they invaded the rights of the people, they did not dare to offer a direct in- fult to their underftanding ; and in former times, the mod venal parliaments made it a condition, in their bargain with the minifter, that he fhould furnifh them with fome plaufible pretence? for fell- ing their country and themfelvefr. You have had the merit of introducing a more compendious fy- ftem of government and lojnc. You neither addrefs yourfelf to the paffions, nor to the underftanding, but fimply to the touch.. You apply yourfelf im- mediately to the feelings of your friends ; who, contrary to the forms of parliament, never enter heartily into a debate, until they have divided. Relinquifhing,.therefore, all idle views of amend- ment to your Grace, or of benefit to the public, let me be permitted to confider your character and conduct merely as a fui>jet of curious fpecularion. There is fomethingin both, which diftinguifhes you not only from all other minifters, but all other men; it is not that you do wrong by deOgn, but that you fhould never do right by miftake. It is not that your indolence and your activity have been equally mifapplied ; but that the firft uniform prin- ciple, or if I may call it the genius of your life, flvould have carried you through every poflible change and contradiction of condut, without the momentary imputation or colour of a virtue; and that the wildeft fpirit of inconfiftency mould, never once have betrayed you into a wife or honourable action. This I own gives an air of fingularity to your fortune as well as to your difpofition. Let us look back together to a fcene in which a mind like yours will find nothing to repent of. Let us try, G 2 m-y jS LETTERS my Lord, how well you have fupported the various relations in which you ftood, to your fovereigu, your country, your friends, and yourfelf. Give us, if it be poflible, fome excufe to pofterity, and to- curfelves, for fubmitting to your adminiftration, If not the abilities of a great minifter, if not the, integrity of a patriot, or the fidelity of a friend, fhow us at leaft the firmnefsof a man. For the fake of your miftrefs, the lover (hall be fpared. I will not lead her into public, as you have done, nor will I infult the memory of departed beauty. Her fex, which alone made her amiable in your eyes, makes her refpectable in mine. The character of the reputed anceftors of fome men, has made it poffible for their dependents to be vicious in the extreme, without being degene- rate. Tbofe of your Grace, for inftance, left no tHftreffing 'examples of virtue even to their legiti- mate pofterity; and you may look back with plea, fure to an illuftrious pedigree> in which heraldry has not left a fingle good quality upon record to infult or upbraid you. You have better proofs of your defcent, my Lord, than the regifter of a mar- riage, or any troublefome inheritance of reputation. There are fome hereditary llrokes of character, by which a family may be as clearly diftinguifhed as by the blackeft features of the human face. Charles the Firft lived ami died a hypocrite. Charles the Second was a hypocrite of another fort, and fhould have died upon the fame fcaffold. At the diftance of a century, we fee their different characters hap- pily revived and blended in your Grace. Sullen and fevere without religion, profligate without g,uetv you live like Charles the Second, without being an amiable companion ; and, for aught 1 know, may die as his father did, without the reputation of a martyr. You had already taken your degrees with credit in thofe fchools in which the Englilh nobility are formed F J U N I IT S. yjf formed to virtue, when you were introduced to Lord Chatham's protection *. From Newmarket, White's, and the oppofition, he gave you to the world with an air of popularity, which young men ufually fet out with, and feldom preferve : grave and plaufible enough to be thought fit for bufinefs; too young for treachery; and, in fhort, a patriot of no unpromifmg expectations. Lord Chatham was the earlieft object of your political wonder and attachment; yet you deferted him, upon the firft hopes that offered of an equal fhare of power with Lord Rockingham. When the Duke of Cumberland's firft negociation failed, and when the favourite was pufhed to the laft extre- mity, you faved him by joining with an admini- ftration in which Lord Chatham had refufed to engage. Still, however, he was your friend: and you are yet to explain to the world, why you con- fentcd to aft without him ; or why, after uniting with Lord Rockingham, you deferted and betray, ed him. You complained that no meafures were taken to fatisfy your patron; and that your friend Mr Wilkes, who had f uttered fo much for the party, had been abandoned to his fate They have fince contributed, not a little, to your pre- fcnt plenitude of power: yet, I think, Lord Cha- tham has lefs reafon than ever to be fatisfied ; and as for Mr Wilkes, it is, perhaps, the greateft misfortune of jiis life that you fhould have fo many compenfations to m;ke in the clofet for your former friendfhip with him. Your gracious mafter underft*nds your character; and makes you a perfecutor, becaufe you have been a friend. Lord Chatham formed his la(t adminiflrntion upon principles which you certainly concurred in, or you could never have been placed at the head of the treafury. By deferting thofe principles, and G 3 by ' To underftar.d ihtfe pafTiges, the render is rcfv.red to a noted- p-iivphkt, ullcd, The tijitrj of ibt minority. 78 LETTERS byacling in diret contradiction to them, in which he found you were fecretly fupported in the clofet, you foon forced him to leave you to your- felf, and to withdraw his name from an admini- ftration which had been formed on the credit of it. You had then a profpecl of friendfhips better fuited to your genius, and more likely to fix your difpofition. Marriage is the point on which every rake is ftationary at laft : and truly, my Lord, you may well be weary of the circuit you have taken;, for you have now fairly travelled through every fign in the political zodiac, from the Scorpion, in which you ftung Lord Chatham, to the hopes of a Virgin * in the houfe of Bloomfbury.-One would think that you had had fufficient experience of the frailty of nuptial engagements, or, at leaft, that fuch a friendfhip as the Duke of Bedford's might have been fecured to you by the aufpicicus marriage of your late Duchefs with f his nephew. But ties of this tender nature cannot be drawn, too clofe , and it may pofiibly be a part of the Duke of Bedford's ambition, after making her an honeft woman, to work a miracle of the fame fort upon your Grace. 'J his worthy nobleman has long dealt in virtue. There has been a large con- fumption of it in his own family; and, in the way of traffic, I dare fay, he has bought and fold more than half the reprefentative integrity of the na- tion. In a political vie\v, this union is not imprudent. The favour of princes is a perifhable commodity. You have now a ftrength fufficient to command the clofet; and if it be neceffary to betray one friendfhip more, you may fet even Lord Bute at defiance. Mr Stuart Mackenzie may poffibly remember what ufe the Duke of Bedford ufually makes H ; s Grace had lately married Mifs VVrottefly, niece of iheGocd G.'rtrufe, Di'chefs of Bedford. f Mifs Liddcl, after her divorce from the Duke, married Lord pper Oflbry. OF J U N I U S. 79 makes of his power; and our gracious Sovereign, I doubt not, rejoices at this firft appearance of union among his fervants. His late Majefty, un- der the happy influence of a family connexion be- tween his minifters, was relieved from the cares of the government. A more active prince may perhaps obferve, with fufpicion, by what degrees an artful fervant grows upon his mafter, from the firft unlimited profeflions of duty and attachment, to the painful reprefentation of the neceffity of the royal fervice, and foon, in regular progreflion, to the humble infolence of dictating in all the obfequious forms of peremptory fubmiflion. The interval is carefully employed in forming con- nexions, creating interefts, collecting a party, and laying the foundation of double marriages ; un- til the deluded prince, who thought he had found a creature proRituted to- his fervice, and infignifi- cant enough to be always dependent upon his plea- fure, finds him at laft too ftrong to be command- ed, and too formidable to be removed. Your Grace's public conduct, as a minifter, is but the counterpart of your private hiftory, -the fame inconfiftency, the fame contradictions. la America we trace you, from the firft oppofition to the Stamp Act, on principles of convenience, to Mr Pitt's furrender of the right: then forward to Lord Rockingham's furrender of the fact ; thea back again to Lord Rockingham's declaration of the right ; then forward to taxation with Mr Townfhencl ; and in the laft inftance, from the gentle Conway's undetermined difcretion, to blood and compulfion with the Duke of Bedford: Yet, if we may believe the fimplicity of Lord North's eloquence, at the opening of next feflions you are once mare to be the patron of America. Is this the wifdom of *a great minifter ? or is it the ominous vibration of a pendulum ? Had you no opinion of your own, my Lord ? or was it the go LETTERS the gratification of betraying every party with which you h;ive been united, and of delerting every political principle in which you had con- curred? Your enemies may turn their eyes without regret from this admirable fyftem of provincial govern- ment. They will find gratification enough in the furvey of your domeftic and foreign policy. If, inftead of clifowning Lord Shelburne, the Britifh court had interpofed with dignity and firmnefs, you know, my Lord, that Corfica would never have been invaded. The French faw the weaknefs of a dittoed miniftry, and were jufti- fied in treating you with contempt. They would probably have yielded in the firft inftance, rather than hazard a rupture with this country, but, be- ing once engaged, they cannot retreat, without difhonour. Common fenfe forefees corifequences^ which have efcaped your Grace's penetration. Either we fuffer the French to make an acquifition^ the importance of which you have probably no conception of-, or we oppofe them by an under- hand management, which only difgraces us in the eyes of Europe, without anfwering any purpofe of policy or prudence. From fecret, indirect afiift- ance, a tranfition to fome more open decifive meafures becomes unavoidable ; till at laft we find ourfelves principal in the war, and are obliged to hazard every thing for an obje writings. For the defence of truth, of law, and reafon, the Doctor's book may be fafely confulted ; but whoever wifhes to cheat a neighbour of his eftate, or to rob a country of its rights, need make no fcruple of confulting the Doctor himfelf. The example of the Englifli nobility may, for aught I know, fufficiently juftify the Duke of Grafton, when he indulges his genius in all the fafhionable exceffes of the age ; yet, confidering his rank and (lation,! think it would do him more 3 H ho- : arJljr'ncccflary *.Q remind the reader yf the name of Br:,d- $6 LETTERS honour to be able to deny the fac~t, than to defend it by fuch authority. But if vice itfelf could be excufed, there is yet a certain difplay of it, a cer- tain outrage to decency, and violation of public decorum, which, for the benefit of fociety, fhould never be forgiven. It is not that he kept a miftrefs at home, but that he conflantly attended her a- broad. It is not the private indulgence, but the public infult, of which I complain. The name of Mifs Parfons would hardly have been known, if the Firft Lord of the Treafury had not led her in triumph through the Opera Houfe, even in the prefence of the Chieen. When we fee a man a The Duke of Grafton has always fome excellent reafon for deferting his friends The age and in- capacity of Lord Chatham the debility of Lord Roekingham or the infamy of Mr Wilkes. There was a time, indeed, when he did not appear to be quite fo well acquainted, or fo violently of- fended, with the infirmities of his friends. But now I confefs they are not ill exchanged for the youthful, vigorous virtue of the Duke oi Bedford ; *rthe firmriefs of General Conway; the blunt, or OF J U N I U S. 87 or if I may call it the aukward, integrity of Mr Rigby j and the fpotlefs morality of Lord Sand- wich. If a late penfion to a * broken gambler be an act worthy of commendation, the Duke of Grafton's connexions will furnifh him with many opportuni- ties of doing praife-woithy actions ; and as he him- fdf bears no part of the expence, the generofity of diftributing the public money for the fupport of virtuous families in diftrefs will be an unqueftion- able proof of his Grace's humanity. As to the public affairs, O'd Noll is a little ten- der of defcending to particulars. He does not deny that Corfica has been facrificed to France ; and he confefTep, that, with regard to America, his patron's meafures have been fubjet to fomc variation ; but then he promifes wonders of {labi- lity and firmnefs for the future. Thefe are myfte- ries, of which we muft not pretend to judge by experience ; and truly, I fear we (liall perifh in the Defart, before we arrive at the Land of Pro- mife. In the regular courfe of things, the period of the Duke of Grafton's minifterial manhood fhould now be approaching. The imbecillity of his infant-date was committed to Lord Chatham. Charles Tovrnfliend took fome care of his educa- tion at that ambiguous age, which lies between the follies of political childhood and the vices of puberty. The empire of the paflions foon fucceed- ed. His earlieft principles and connexions were of courfe forgotten or ilefpifed. The company he has lately kept has been of no fervice to his morals ; and, in the conduct of public affairs, we fee the character of his time of life (Irongly diftinguiftied. And obitinate ungovernable felf-fufficiency plainly point-s out to us that (late of imperfect maturity, at which the graceful levity of youth is loft, and the folidity of experience not yet acquired. It is H 2 poflible * Sir John Mocrc. 88 LETTERS poffible the young man may in time grow wifer, nnd reform ; but, if I underftand his difpofition, it is not of fuch corrigible fluff, that we fhouid hope for any amendment in him, before he has accomplifhed the deftruclion of this country. Like other rakes, he may perhaps live to fee his error, but not until he has ruined his eflate. PHILO TUNIUS. LETTER XV. . TO HIS GRACE THE DUKE OF GRAFTON. MY LORD, JULY 8. 1760. TF nature had given you an underftanding quali- * fied to keep pace with the wifhes and princi- ples of your heart, (he would have made you, per- haps, the mofl formidable minifter that ever was employed, under a limited monarch, to accomplifh the ruin of a free people. When neither the feel- ings of fhame, the reproaches of confcience, nor the dread of punifhment, form any bar to the de- figns of a minifter, the people would have too much reafon to lament their condition, if they did not find fome refource in the weaknefs of his un- derftanding. We owe it to the bounty of provi- dence, that the completed depravity of the heart is fometimes ftrangely united with a confufion of the mind, which counteracts the mofl favourircr principles, and makes the fame man treacherous without art, and a hypocrite without deceiving. Thi meafures, for inftance, in which your Grace's activity has been chiefly exerted, as they were adop- ted without fkill, fhouid have been conducted with more than common dexterity. But truly, my Lord, the execution has been as grofs as the defign. By one decifive ftep, you have defeated all the arts of writing. You have fairly confounded the intrigues of oppofition, an'd nlcnced the clamours of faction. A O F J U N I U S. 89 A dark, ambiguous fyftem might require and furnifh the materials of ingenious illuftration ; and in doubtful meafures, the virulent exaggeration of party mult be employed, to roufe and engage the paflions of the people. You have now brought the merits of yur adminiftration to an iffue, on which every Englifhman, of the narrowed capa- city, m?.y determine for himfelf. It is not an alarm to the paffions, but a calm appeal to the judgment of the people, upon their own moft erTential interefts. A more experienced mfnifter would nothave hazarded a dire& invafionof the firft principles of the conftitution, before he had made fome progrefs in fubduing the fpirit of the people. With fuch a' caufe as your's, my Lord, it is not fufficient that you have the court at your devotion, unlefs you can find means to corrupt or intimidate the jury. The collective body of the people form that jury, and from their decifion there is but one appeal. Whether yott have talents to fupport you, at a crifis of fuch difficulty and danger, fhould long fince have been confidered. Judging truly of youi" dilpofuion, you have perhaps miftaken the extent of your capacity. Good-faith and folly have lo long been received as fynonimous terms, that the reverfe proportion has grown into credit, and everv villain fancies himfelf a man of abilities. It is tiv; apprehenfion of your friends, my Lord, that you have drawn fome hafty conclufion of this fort, and that a partial reliance upon your moral char.idlcr hrus betrayed you beyond the depth of your under- (landing. 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 adminiftration. It is time for your Grace to confider what you alfo may expett in return from their fpirit and their refentment. Since the acceffion of our moil gracious Sove- H 3 rcicn 9 o L E T T E R S reign to the throne, we have feen a fyftem of go- vernment which may well be called a reign of ex- periments. Parries of all denominations have beert cniployed and difmifled. '1 he advice of the ableft men in this country has been repeatedly called for and rejected; and when the Royal difpieafure has been fignified to a minifter, the marks of it have ufiully been proportioned to his abilities and inte- grity. The fpirit of the FAVOURITE had fome apparent influence upon every adminiflration ; and every fet of minilters preferved an appearance of duration, as long as they fubmitted to that in- fluence. But there were certain fervices to be ! performed for the favourite's fecurity,or to gratify lis refentments, which your predecefibrs in office had the wifdom or the virtue not to undertake. The moment this refraclory fpiric was difcovered, their difgrace was determined. Lord Chatham, JVIr Grenville, and Lord Rockingham, have fuccef- fively had the honour to be difmiffed for preferring their duty, as fervants of the public, to thofe com- pliances, which were expected from their ftation, A fubmifTive adminiftration was at laft gradually collected from the deferters of all parties, interefts, and connexions; and nothing remained but to find a leader for thefe gallant well-difciplined troops. Stand forth, my Lord, for thou art the man. Lord Bute found no refourcc of dependence or fecurity in the proud impofing fuperiority of Lord Cha- tham's abilities, the Ihrewd inflexible judgment of Mr Grenville, nor in the mild but determined integrity of Lord Rockingham. His views and Situation required a creature void of all thefe pro- perties ; and he was forced to go through every divilion, refolution, compofition, and refinement of political chemiilry, before he happily arrived at the caput mortuum of vitriol in your Grace. Flat and infipid in your retired ftate, but brought into action you, become vitriol again. Such are the ex- tremes O F J U N I U S. 91 tremes of alternate indolence or fury which have governed your whole. adminiflration. Your circum- itances with regard co the people foon becoming defperate, like other honeft fcrvants you deter- mined to involve the befl of matters in the fame dif- ficulties with yourfelf. We owe it to your Grace's well-directed labours, that your Sovereign has been perfuaded to doubt of the affections of his fubjecls, and the people to fufpel the virtues of their So- evreign, at a time when both were unqueftion- able. You have degraded the Royal dignity into a bafe and difhonourable competition with Mr Wilkes ; nor h;ui you abilities to carry even the laft contemptible triumph over a private man, without the grofleft violation of the fundamental laws of the constitution and rights of the people. But thefe are rights, my Lord, which you can no more annihilate, than you can the foil to which they are annexed. The queftion no longer turns upon points of national honour and fecurity abroad, or on the degrees of expedience and propriety of meafures at home. It was not inconfi'ftent that you fhould abandon the caufe of liberty in another country, which you had perfecuted in your own ; and in the common arts of domeftic corruption, we mifs no part of Sir Robert Walpole's fyftem except his abilities. In this humble imitative line, you might long have proceeded, fafe and contemp- tible. You might probably never have rifen to the dignity of being hated, and even have been tiefpifed with moderation. But it feems you meant to be diftinguifhed ; and, to a mind like your's, there was no other road to fame but by the de- ftruclion of a noble fabric, which you thought had been too long the admiration of mankind. The ufe you have made of the military force in- troduced an alarming change in the mode of exe- cuting the laws. The arbitrary appointment oFMr Luttrell invades the foundation of the laws them- felves, 92 LETTERS felv.!?, ?.s it manifedly transfers the_ right of legif- lation from thofe whom the people have chofen, to thole whom they have rejected. With a fue- cefilon of fuch appointments, we may foon fee a houfe of commons collected, in the choice of which the other towns and counties of England will have as little fhare as the devoted county of Middlefex. Yet I truft that your Grace will find that the people of this country are neither to be intimi- dated by violent meafures, nor deceived by refine- ments. When they fee Mr Luttrell feattd in the houfe of commons by mere dint of power, and in direct oppofition to the choice of a whole county, they will not liften to thofe fubtleties by which every arbitrary exertion of authority is explained into the law and privilege of parliament. It re- quires no perfuafion of argument, but (imply the evidence of the fenfes, to convince them, that to transfer the right of election from the collective to the reprefentative body of the people, contra, diets all thofe ideas of a Houfe of Commons, which they have received from their forefathers, and which they had already, though vainly perhaps, delivered to their children. The principles on which this violent meafure has been defended, have added fcorn to injury ; and forced us to feel, that we are not only oppreffed, but infulted. With what force, my Lord, with what protec- tion, are you prepared to meet the united detef- tation 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 add refit d ; and I fancy, my Lord, it is not yet in your courage to ft and between your Sovereign and the addrefles of his fubjects. The injuries you have done this country are fuch as demand not only redrefs, but vengeance. In vain (hall you Icok for protection to that venal vote which < O F J U N I U S. 93 which you have already paid for Another muft be purchafed ; and to fave a minjfter, the houfe of commons muft declare themfelves not only in- dependent of their^ conftituents, but the deter- mined enemies of the conftitution. Confider, my Lord, whether this be an extremity to which their fears will permit them to advance , or, if their protection fliould fail you, how far you are au- thorifed to rely upon the fincerity of thofe fmiles which a pious Court lavifhes without reluctance upon a libertine by profeflion. It is not indeed the lead of the thoufand contradictions which at- tend you, that a man, marked to the world by the grofleft violation of all ceremony and decorum, fhould be the firft fervant of a Court, in which prayers are morality, and kneeling is religion. Trull not too far to appearances, by which your predeceffors have been deceived, though they have not been injured. Even the bed of princes may at laft difcover, that this is a contention, in which every thing may be loft, but nothing can be gained ; and as you became minifter by accident, were adopted without choice, trufted without confi- dence, and continued without favour, be aflured, that, whenever an occafion preffes, you will be difcarded without even the forms of regret. You will then have reafon to be thankful, if you are permitted to retire to that feat of learning, which, in contemplation of the fyftem of your life, the comparative- purity of your manners with thofe of tlxir high fteward, and a thoufand other recom- mending circumfhmces, has chofen you to en- courage the growing virtue of their youth, and to prefuie over their Education. Whenever the fpi- lit of diftributing prebends and bifhopricks fhall have departed from you, you will find that learn- ed feminary perfectly recovered from the delirium of an inltalbition, and, what in truth it ought to be, once more a peaceful fcene of {lumber and thought- 94 LETTERS thoughtlefs meditation. The venerable tutors of the uuiverfity will no longer diitrefs your modelly, by propofing you for a pattern to their pupils. The learned dulnefsof declamation will be Client ; and even the venal mufe, though happieft in fic- tion, will forget your virtues. Yet, for the be- nefit of the fucceeding age, I could wifh that your retreat might be deferred, until your morals lliall happily be ripened to that maturity of corruption, at which the worft examples ceafe to be conta- gious. J U N I U S. LETTER XVI. TO THE PRINTEROFTHE PU BL 1C AD VERTlSER. SIR, JULY 19. 1769. A GREAT deal of uCelefs argument might have been Caved, in the political conteft, which has arifen from the expulfion of Mr Wilkes, and the fubfequent appointment of Mr Luttrell, if the queftion had been once ftated with precifion, to the Catisfaclion of each party, and clearly under- ftood by them both. But in this, as in almoft every other difpute, it ufually happens, that much time is loft in referring to a multitude of cafes and precedents, which prove nothing to the pur- pofe ; or in maintaining propofitions, which are cither not difputed, or, whether they be admitted or denied, are entirely indifferent as to the mat- ter in debate} until at lad the mind, perplexed and confounded with the endlefs fubtleties of con- troverfy, lofes fight of the main queftion, and never arrives at truth. Both parties in the dif- pute are apt enough to praclifc thefe difhoneft ar- tifices. The man who is confcious of the weak- nefs of his caufe, is interefted in concealing it: and on the other fide, it is not uncommon to fee a OF J U N I IT S. 95 a good caufe mangled by advocates vrho do not know the real ftrength of it. I fhould be glad to know, for inftance, to what purpofe, in the prefent cafe, fo many precedents have been produced to prove, That the houfe of commons have a right to expel one of their own members ; that it belongs to them to judge of the validity of elections ; or that the law of parliament is part of the law of the land * ? After all thefe propofitions are admitted, Mr Luttrell's right to his feat will continue to be juft as difputable as it was before. Not one of them is at prefent in agitation. Let it be admitted that the houfe of commons were authorifed to expel Mr Wilkes, that they are the proper court to judge of elections, and that the law of parliament is binding upon the people ; flill it remains to be inquired, whether the houfe, by their refolution in favour of Mr Luttrell, have or have not truly declared that law. To facilitate this inquiry, I would have the queftion cleared of all foreign or indifferent matter. The following ftate of it will probably be thought a fair one by both parties ; and then I imagine there is no gentleman in this country, who will not be capable of form- ing a judicious and true opinion upon it. I take the queftion to be ftrictly this : " Whether or not *' it be the known, eltablifhed law of parliament, " that the expulfion of a member of the houfe of " commons of itfelf creates in him fuch an inca- " pacity to be re-elected, that, at a fubfequent *' election, any votes given to him are null and " void ; and that any other candidate, who, except i( the perfon expelled, has the greateft number of 11 votes, ought to be the fitting member?" To prove that the affirmative is the law of par- liament, I apprehend it is not fufficient for the pre- fent houfe of commons to declare it to be fo. We may The reader will obferve, that thefe admifijons are made, not as f truths unquefHonable, but for the fake of argument, and in or- der 10 bring the real rjueftion to ifl'ue. 96 LETTERS may (hut our eyes indeed to the dangerous confe- quences of fufFering one branch of the legiflature to declare new laws, without argument or example, and it may perhaps be prudent enough to fubmit to authority; but a mere afiertion will never con- , vince, much lefs will it be thought reafonable to prove the right by the fact itfelf. The miniftry have not yet pretended to fuch a tyranny over our minds. To fupport the affirmative fairly, it will either be neceflTary to produce fome ftatute, in which that pofitive provifion (hall have been made, that fpecific difability clearly created, and thecon- fequences of it declared : or, if there be no fuch ftatute, the cuftom of parliament mutt then be re- ferred to ; and fome cafe or cafes *, ftriftly in point, muft be produced, with the decifion of the court upon them ; for I readily admit* that the cuftom of parliament, once clearly proved, is equally binding with the common and ftatute law. The confideration of what may be reafonable or unreafonable makes no part of this queftion. We are inquiring what the law is, not what it ought to be. Reafon may be applied to fhow the impro- priety or expedience of a law, but we muft have either ftatute or precedent to prove the exiftence of it. At the fame time I do not mean to admit that the late refolution of the houfe of commons is defenfible on general principles of reafon, any more than in law. This is not the hinge on which the debate turns. Suppofing therefore tint I have laid down an ac- curate ftate of the queftion, I will venture to affirm, I ft, That there is no ftatute exifting, by which that fpecific difability which we fpeak of is created* If there be, let it be produced. The argument will then be at an end. 2dly, That there is no precedent, in all the pro- ceedings * Precedent?, in oppofition to principles, have littl Juntas ; but he thought it r,scce ^liMlffijc ettiikn c:*f;J';rcd, p-ige 38. 98 LETTERS error, much lefs could they have corrected it by any inftrudtion they received from the proceedings of the houfe of commons. They might perhaps have forefeen, that, if they returned Mr Walpole again, he would again be rejected ; but they never ,s could infer, from a refolution by which the can- I didate with the feweft votes was declared not duly ; e\eledy that, at a future election, and in fimilar circumftances, the houfe of commons would re- verfe their refolution, and receive the fame candi- date as duly elected, whom they had before re- jetted. This indeed would have been a moft extraordi- nary way of declaring the law of parliament, and what I prefume no man, whofe underftanding is not at crofs-purpofes with itfclf, could poffibly un- derftand. If, in a cafe of this importance, I thought my- felf at liberty to argue from fuppofitions rather than from facts, I think the probabilty, in this inftance, is directly the reverfe of what the mini- itry affirm ; snd that it is much more likely that the houfe of commons at that time would rather have drained a point in favour of Mr Taylor, than that they would have violated the law of parlia- ment,and robbed Mr Taylor of a right legally vefted in him, to gratify a refractory borough, which, in defiance of them, had returned a perfon branded with the ftrongefl mark of the difpleafure of the houfe. Cut really, Sir, this way of talking, for I can- not call it argument, is a mockery of the common - underftanding of the nation, too grofs to be en- dured. Our deareft interefts are at ftake. An at- tempt had been made, not merely to rob a fingle county of its rights, but, by inevitable confc- quence, to alter the conftitution of the houfe of commons. This fatal attempt has fucceeded, and {lands as a precedent recorded for ever. If the mini- O F J U N I U S. 99 minftry are unable to defend their caufe by fair ar- gument founded on fa&s, let them fpare us at leaft the mortification of being amufed and deluded like children. I believe there is yet a fpirit of refiflance in this country, which will n.ot fubmit to be op- prefled ; but I am fure there is a fund of good fenfe in this country, which cannot be deceived. J U N I U S. LETTER XVII. TO THE PRINTER OF THE PUBLIC ADVER- TISER. SIR, AUG. i. 1769. TT will not be necefiary for Junitts to take the * trouble of anfwering your correfpondent G. A. or the quotation from a fpeech without doors, publifhed in your paper of the '.28th of laft month. The fpeech appeared before Junius's letter j and as the author feems to confider the great propofition^ on which all his argument depends, viz. that Mr Wilkes ivas under that known legal incapacity cf which Junius j 'peaks, as a point granted, his fpeech is in no ftiape an anfwer to Junius, for this is the very queftion in debate. As to G. A. I obferve, firft, that if he did not admit Junius's ftate of the queftion, he fhould have fhown the fallacy of it, or given us a more exaft one ; fecondly, that, confidering the many hours and days which the miniftry and their advocates have wafted, in public debate, in com- piling large quartos, and collecting innumerable precedents, exprefsly to prove that the late pro- ceedings of the houfe of commons are warranted by the law, cuftom, and practice of parliament, it is rather an extraordinary fuppofition, to be made by one of their own party even for the fake of argu- ment, that nofuchjlatute, nofuch cujltm of parlia- :eo LETTERS. ment t no fuck cafe in pcint, can be produced. G. A. may however make the fuppofition with fafety. It contains nothing, but literally the fact, except that there is a cafe exactly in point, with a decifion of the houfe diametrically oppofite to that which the prefent houfe of commons came to in favour of Mr Luttrel. The miniftry now begin to be afhamed of the weaknefs of their caufe ; and, as it ufually happens with falfhood, are driven to the neceflity of fhift- ing their ground, and changing their whole defence. At firft, we were told, that nothing could be clearer than that the proceedings of the houfe of commons were juftified by the known law and uniform cuf- tom of parliament. But now it feems, if there be no law, the houfe of commons have a right to make one ; and if there be no precedent, they have a right to create the firft : for this I prefume is the amount of the queftions propofcd to Juniuf. If your correfpondent had been at all verfed in the law of parliament, or generally in the laws of this country, he would have feen that this defence is as weak and falfe as the former. The privileges of either houfe of parliament, it is true, are indefinite, that is, they have not been defcribedor laid down in any one code or declara- tion whatfoever; but whenever a queftion of pri- vilege has arifen, it has invariably been difputed or maintained upon the footing of precedents a- lone *. In the courfe of the proceedings upon the Aylfbury election, the houfe of lords refolved, " That neither houfe of parliament had any power, " byany vote or declaration, to create to themfelves " any new privilege that was not warranted by the " known laws and cuftoms of parliament." And to this rule the houfe of commons, though other- wife they had acted in a very arbitrary manner, gave * This is ftill mreting the miniftry upon their own ground; for, in truth, no precedents will fupport cither natural injuftice, ov vit- iation of pofilive right. o F j tr N r tr s, 101 gave their afient ; for they affirmed that they had guided themfelves by it, in afferting their privi- leges. Now, Sir, if this be true with refpect to matters of privilege, in which the houfe of com- mons, individually and as a body, are principally concerned, how much more ftrongly will it hold againft any pretended power in that houfe to create or declare a new law, by which not only the rights of the hotife over their own member, and thofe of the member himfelf, are included, but alfo thofe of a third and feparate party, I mean the freeholders of the kingdom. To do juftice to the miniftry, they have not yet pretended that any- one or any two of the three eftates have power to make a new law, without the concurrence of the third. They know that a man who maintains fuch a doctrine, is liable, by ftatute, to the heavieft penalties. They do not acknowledge that the houfe of commons have a (Turned a new privilege, or declared a tu-w law. On the contrary, they af- firm that their proceedings have been flridtly con- formable to and founded upon the ancient law and cuftom of parliament. Thus therefore the queftioit returns to the point at which Junius had fixed it r viz. Whether or no this be the /aw of parliament ? If it be not, the houfe of commons had no legal au-* thority to eftablifh the precedent ; and the prece- dent itfelf is a mere fact, without any proof o right whatfoever. Your correfpondent concludes with a qtjeftfon of the fimpleft nature, Mujl a thing be "wrong bc- canfe it has never been done before ? No. But ad- mitting it were proper to be done, that alone does not convey any authority to do it. As to the pre- fect cafe, I hope, I (hall never fee the time, when, not only a fingle perfon, but a whole county, and in effect the entire collective body of the people, may again be robbed of their birth-right by a rots- of the hcufe of commons. But if, fcr reafons- I 3 v,kkU 102 LETTERS which I am unable to comprehend, it be neceflary to truft that houfe with a power fo exorbitant and fo unconditional, at leaft let it be given to them by an act of the legiflature. PHILO JUNIUS. LETTER XVIII. TO SIR WILLIAM BLACKSTONE, SOLICITOR GENERAL TO HER MAJESTY. SI R, JULY 29. 1769. I SHALL make you no apology for confide ring a certain pamphlet, in which your late conduct is defended, as written by yourfelf. The pcrfonal interests, the perfonal refentments, and, above all, that wounded fpirit,unaccuftomed to reproach, and I hope not frequently confcious of deferring it, are fignals which betray the author to us as plainly a& if your name were in the title-page. You appeal to the public in defence of your reputation. We hold it, Sir, that an injury offered to an individual is interefting to fociety. On this principle the people of England made common caufe with Mr Wilkes. On this principle, if you are injured, they will join in your refentment. I fliall not follow you through the infipid form of a third perfon,but addrefs myfelf to you directly- You feem to think the channel of a pamphlet more refpectable and better fuited to the dignity ef your caufe, than that of a newfpaper. Be it fo. Yet if newfpapers are fcurrilous, you mufl con- fefs they are impartial. They give us, without any apparent preference, the wit and argument of the- miniftry, as well as the abufive dulnefs of the op- pofition. The fcales are equally poifcd. It is not the printer's fault if the greater weight in- clines the balance. Your pamphlet then is divided into an attack upon O F J U N I U S. . 103 'upon Mr Grenville's character, and a defence of your own. It would have been more confident perhaps with your profelTed intention, to have con- fined yourfelf to the lad. But anger has fome claim to indulgence, and railing is ufually a re- lief to the mind. I hope you have found benefit from the experiment. It is not my defign to en- ter into a formal vindication of Mr Grenville, upon his own principles. I have neither the honour of being perfonally known to him, nor do I pretend to be completely mader of all the facts. I need not run the ri(k of doing an injudice to his opi- nions or to his conduct, when your pamphlet alone carries, upon the face of it, a full vindication of both. Your firft reflection, is, that Mr Grenville * was, of all men, the perfon who fhould not have com- plained of inconfidence with regard to Mr Wilkes. This, Sir, is either an unmeaning fneer, a peevifh expreflion of refentment, or, if it means any thing, you plainly beg the quedion ; for whether his par. liamentary conduct with regard to Mr Wilkes has or has not been inconfident, remains yet to be proved. But it feems he received upon the fpot a fufficient chadifement for exercifingy ing Port firft wilfully mifunderftands Junius, then cenfures him for a bad reafoner. Junius does not faythat it was incumbent upon Dolor Black- ftone to forefee and ftate the crimes for which Mr Wilkes was expelled. If, by a fpirit of pro- phecy, he had even done fo, it would have been nothing to the purpofe. The queftion is, not for what particular offences a perfon may be expelled, but generally whether by the law of parliament expulfion alone creates a difqualification. If the affirmative be the law of parliament, Doctor Black- done might and fhouid have told us fo. The que- ftion is not confined to this or that particular per- fon, but forms one great general branch of difqua- lification, too important iit itfelf, and too extenfive in its coniequence , to be omitted in an accurate work exprefsly treating of the law of parliament. The truth of the matter is evidently this. Dr Black- to8 LETTERS Blackftone, while he was fpeaking in the houfe of commons, never once thought of his Commen- taries, until the contradiction was unexpectedly urged, and flared him in the face. Inftead of de- fending himfelf upon the fpot, he funk under the charge in an agony of confufion and defpair. It is well known that there was a paufe of fome mi- nutes in the houfe, from a general expectation that the Doctor would fay fomething in his own tlefence ; but it feems his faculties were too much overpowered to think of thofe fubdeties and refine- ments which have fince occurred to him. It was then MrGrenville received the feverechaftifement, which the Doctor mentions with fo much triumph : / ivi/b the honourable gentleman, injlead offhaking his head, "would Jhake a, good argument out of it. If to the elegance, novelty, and bitternefs of this in- genious farcafm, we add the natural melody of the amiable Sir Fletcher Norton's pipe, we mall not be furprifed that Mr Grenville was unable to make him any reply. As to the Doctor, I would recommend it to him to be quiet. If not, he may perhaps hear again from Junius himfelf. PHJLO JUNIUS. Poftfcript to a pamphlet intitled, * An Anfwer to ' the qudtion ftated.' Suppofed to be written by Dr Blackllone, Solicitor to the Queen, in anfwer to Junius's Letter. ClNCE thefe papers were fent to the prefs, a *^ writer in the public papers, who fubfcribes himfelf Junius, has made a feint of bringing this queflion to a fhort iiTue. Though the foregoing obfervations contain, in my opinion at leafl, a full refutation of all that this writer has offered, I (hall, however, beftow a very few words upon him. It will coft me very little trouble to unravel and ex- pofe the fophiftry of this argument. 2 I O F J U N I U S. 109 .I take the queftion (fays he) to be ftriftly this : Whether or no it be the known eftablifhed law of parliament, that the expulfion of a member of the houfe of commons of itfelf creates in him, fuch an incapacity to be re-elected, that, at a fubfequent election, any votes given to him are null and void ; and that any other candidate, who, except the perfon expelled, has the greateil num- ber of votes, ought to be the fitting member.' Waving for the prefent any objection I may have to this Hate of the queftion, I {hall venture to meet our champion upon his own ground 5 and attempt to fupport the aflirmative of it, in one of the two ways by which he fays it can he alone fuircly fupported. ' It there be no ilatuto (fays he) in which the fpecific difability is clearly created, &c. (and we acknowledge there io none), the cuilom of parliament mult then be referred to, and fome cafe, or cafes, Itriclly in point, muft be produced, with the decifion of the court upon them.' Now I aflert, that this has been done. Mr Walpole's cafe is ftrittly in point, to prove that expulfion creates abfolute incapacity of being re-eledled. This was the clear decifion of the houfc upon it ; and was a full declaration, that incapa- city was the necefTury confequence of expulfion. The law was as clearly and firmly fixed by this re- folution, and is as binding in every fubfequent cafe of expulfion, as if it had been declared by an exprefs ftatute, " that a member expelled by a re- " folution of the houfe of commons mall be deemed " incapable of being re-eleled." Whatever doubt then there might have been of the law before Mr Walpole's cafe, with refpet to the full operation of a vote of expuHion, there can be none now. The decifion of the houfe upon this c.ife is (triftly in point to prove, that expulfion creates abfolute incapacity in law of being re-ele&ec!. But incapacity in law in this iclhnce mud have K the no LETTERS the fame operation and effect with incapacity in law m every other inftance. Now, incapacity of be- ing re-eleaed implies in its very terms, that any votes given to the incapable perfon, at a fubfe- quent eledion, are null and void. This is its ne-- cefiary operation, or it has no operation at all It' . is vox etpraterea nihil. We can no more be called upon to prove this propofition, than we can to prove that a dead man is not alive, or that twice two are four. When the terms are underftood, the propofition is felf-evident. J^l'ri 1S J J" all r CafeS f deaion 'he known and eftabhfhed law of the land, grounded upon the cleared principles of reafon and common fenfe tfeat if the votes given to one candidate are null and void, they cannot be oppofed to the votes given to another candidate. They cannot affect the votes of fuch candidate at all. As they have ft XVv h u aml n P fltive ^ uat y to add or eltabhm, fo they have on the other hand no ne- gative one to fubflraft or deftroy. They are, in a word* a mere nonentity. Such was the deter- imnation of the houfe of commons in the Maiden and Bedford tledions ; cafes ftridly in point to the prefent queftion, as far as they are meant to be in point. And to fay, that they are not in point in all circuroftances, in thofe particularly which ' are independent of the propofition which they are e a ' le as not Middlefex, nor Seijeant Comyns Mr Wilkes. Let us lee then how our proof flands. Expu!- fion creates incapacity, incapacity annihilates any votes given to the incapable perfon ; the votes given to the qualified candidate, fiand upon their own ffA m T ^ 2nd untouched ^nd can alone have efFea. This one would think, would befufficient. But we are flopped fhort, and told, that none of our precedents come home to the prefent cafe; and are challenged to produce a precedent in a/1 the pro- O F J U N I U S. in " proceedings of the houfe of commons that does " come home to it, viz. where an expelled member tl has been returned again, and another candidate, (t luith an inferior number of votes y has been declared " the fitting member." Inftead of a precedent, I will beg leave to put a cafe ; which, I fancy, will be quite as decifive to the prefent point. Suppofe another Sacheverel (and every party- muft have its Sachaverel) fhould at fome future election take it into his head to offer himfelf a candidate for the county of Middle- fex. He is oppofed by a candidate, whofe coat is of a different colour; but, however, of a very good colour. The divine has an indifputable majority ; nay, the poor layman is absolutely diftanced. The flierifF, after having had his confcience well in- formed by the reverend cafuift, returns him, as he fuppofes, duly eledled. The whole houfe is in an uproar, at the apprehenfion of fo ftrange an appearance amongft them. A motion, however, is at length made, that the perfon was incapable of being elected, that his election therefore is null and void, arid that his competitor ought to have been returned. No, fays a 'great orator ; firft, (how me your law for this proceeding. " Either pro- " duce me a ftatute, in which the fpecific difabi- ' lity of a clergyman is created j or, produce me " a precedent where a clergyman has been returned, f< and another candidate, r ,.vit!> an inferior number of t( votes, has been declared the fitting member" No fuch itatute, no fuch precedent, to be found. What anfwer then is to be given to this demand ? The very fame anfwer which I will give to that of Ju- nius : That there is no more than one precedent in the proceedings of the houfe " where an in- ft capable perfon has been returned, and another " candidate, with an inferior number of votes, * has been declared the fitting member -, andthat " this is the known and eftablifhed law, in all K 2 t( cafes *i* LETTERS gt cafes of incapacity, from whatever caufe it may " arife." I (hall now therefore beg- leave to make a flight amendment to Junius's ftate of the queftion, the affirmative of which will then {land thus : " It is the known and eftablifhed law of parlia- " ment, that the expulfion of any member of the " houfe of commons creates in him an incapacity " of being re-elected ; that any votes given to him f at a fubfeqnent election arc, in confequence of tf fuch incapacity, null and void; and that any " other candidate, who, except the perfon ren- tl dered incapable, has the greatcfl number of " votes, ought to be the fitting member." But our bufinefs is not yet quite finiflied, Mr V\ r alpole's cafe muft have a re-hearing. " It is *' not pofiible (fays this writer) to conceive a cafe " more exactly in point. Mr Walpole was ex- * pelled ; and, having a majority of votes at the " next ele.clion, was returned again. The friends " of Mr Taylor, a candidate fet up by the mini- < dry, petitioned the houfe that he might be the *' fitting member. Thus far the circumflances * f tally exactly, except that our houfe of com- ' mons faved Mr Luttrell the trouble of petition- tl ing. The point of law, however, was the fame. " It came regularly before the houfe, and it was " their bufinefs to determine upon it. They did t( determine it ; for they declared Mr Taylor not " duly eleQed" Inflead of examining the juflnefs of this repre- fentation, I (hall beg leave to oppofe againft it my own view of this cafe, in as plain a manner and as few words as I am able. It was the known and elhiblifhed law of parlia- ment, when the charge againft Mr Walpole came before the houfe of commons, that they had power to expel, to difable, and to render incapable for of- fences. In virtue of this power, they expelled him. Had OF J U N I S. 113 Had they, in the very vote of expulfion, ad- judged him, in terms, to be incapable of being re-elected, there muft have been at once an end with him. But though the right of the houfe, both to expel, and adjudge incapable, was clear and indubitable, it does not appear to me, that the full operation and effect of a vote of expulfion firigly was fo. The law in this cafe had never been exprefsly declared. There had been no event to call up fuch a declaration. I trouble not my- felf with the grammatical meaning of the word expulfion. I regar'd only its legal meaning. This was not, as I think, precifely fixed. The houfe thought proper to fix it, and explicitly to declare the full confequences of their former vote, before they fuffered thefe confequences to take effecl:. And in this proceeding they acted upon the moil liberal and folid principles of equity, juftice, and law. What then did the burgeiTes of Lynn collect from the fecond vote ? Their fubfequent conduct will tell us : it will with certainty tell us, that they confidered it as decifive againft Mr Walpole; it will alfo, with 'equal certainty, tell us, that, upon fuppofition that the law of election flood then, as it does now, and that they knew it to ftand thus, they inferred, " that at a future elec- ' tion, and in cafe of a fimilar return, the houfe ** would receive the fame candidate, as durly elec- " ted, whom they had before rejected." They could infer nothing but this. It is needlefs to repeat the circumftance of dif- fimilarity in the prefent cafe. It will be fufEcient to obf:>? J;w,'!, ly r e filing ti go- vern us acc'rdl' g to that /aw fa lobuh he he'd the crwn, ifpUc'ae'j reniunced bit tir'L' /' it. If Junius's en ..'ruction of t!ic \">-c a^',\fl Mr Walpole be now admitted (and in-Iced I on not comprehend ho'.v it can honefUy be difpnted). the a-lvnc.itcf f>f tlie houle of eonvviMis muft either give up their precedent entirely, or be reduced to the nectlli'y of main- ta ; ning ot>e of the gniflelt ahfurilitics imaginable, viz. " Thl a ' comm : tmcnt 'o 'he Tower is a ovifhtU'-nt part of, and c<>rtti- " bu'cs half at 1 ill to, the incap.citation of the pcrfon wlio fuftl-i s 11 it." 1 need not make v iu cr.y exn.fe for endeavouring to keep alive the O F Jf U N I U S. 119 no way avoid agreeing, with them in the confe- quence they drew from it. I could never have a doubt in law or reafon, that a man convi&ed of a high breach of truft, and of a notorious corruption, in the execution of a public office, was and ought to be incapable of fitting in the fame parliament. Far from attempting to invalidate that vote, I fhould have wifhed that the incapacity declared by it could legally have been continued for ever. Now, Sir, obferve how forcibly the argument returns. The houfe of commons, upon the face of their proceedings, had the ftrongeft motives to declare Mr Walpole incapable of being re-eletted. They thought fuch a man unworthy to fit among them. Tothatpoint they proceeded, and no farther; for they refpe&ed the lights of the people, while they aflertedHheir own. They did not infer, from Mr Walpole's incapacity, that his opponent was duly elected; on thecontrary they declaredMrTay- lor" Not duly elected," and the election itfelf void. Such, however, is the precedent which my honeft the attention of the public to the dccifion of the Middlefex election. The more I confider ir, the more I am convinced, that, as a faff, it is indeed highly injurious to the rights of (he people; but that, as a prccedeut, it is one of the mod dangerous that ever was eftablilhed againll thofe who are co come after us. Yet I am fo far a mode- rate man, that I verily believe the majority of the houfe of commons, when they paiTed this dangerous vote, neither understood the qiuftion, nor knew the conkquence of what they were doing. Their motives were rather delpicable, than criminal, in the ex- treme. One effeft they certainly did not forcfee. They are now reduced to fuch a fiuiat : on, that if a member of the prefent houfe of commons were to conduct himieif ever fo improperly, and in reality defcrve to be fcnt back to his conftituents with a mark of difgracc, thty would not dare to exjiel him; hecaufe they know that the people, in order to try again the great qucflion of right, or to thwart an odious houfe of commons, would probably overlook his immediate unworthiutfs, ai.d return the fame perfon to parliament. !3ut, in time, the precedent will gain ftrength. A future houfe of coinmoj s will have no fuch apprthenfions; confequently will not fcuiple to follow a precedent, which they did not eflablifh. The mifer himfclr fcldom lives to enjov the fruit c f Im extoiiion; but his heir fucce-eds Irm .-. f comic. : d takes ppfleffioil without cei.fure. No nian expects him to maK; 1 reftitution; and no mat- ttr for his title, he lives ciuieily upon the elVate. flllLO JUNIUS. i2o LETTERS honeft friend a/lures us is ftriclly in point to prove, that expulfion of itfelf creates an incapacity of be- ing elected. If it had been fo, the prefent houfe of commons fhould at lead hav,e followed ftrittly the example before them, and fhould have ftatrd to us in the fame vote the crimes for which they expelled' Mr Willces ; whereas they refolve (imply, that, " having been expelled, he was, and *' is Incapable." In this proceeding I am autho- rifed to affirm, they have neither ftatute, nor cu- ftom, nor reafon, nor one fingle precedent to fup- port them. On the other fide, there is indeed a precedent fo ftrongly in point, that all the enchant- ed cailles of minifterial magic fall before it. In the year 1698 (a period which the ranked Tory dare not except againft),Mr Wollafton was expel- led, re-elected, and admitted to take his feat in the fame parliament. The miniftry have preclu- ded themfelves from all objecliops drawn from the caufe of his expulfion ; for they affirm abfolutely, that exputfion of i.tfelf creates the difability. Now, Sir, let fophiftry evade, let falfehood aflert, and impudence deny here ftands the precedent, a land-mark to direct us through a troubled fea of controverfy, confpicuous and unremoved. I have dwelt the longer upon the difcuffion of this point, becaufe, in my opinion, it comprehends the whole queftion. The reft is unworthy of no- tice. We are inquiring whether incapacity be or be riot created by expulfion. In the cafes of Bed- ford and Maiden, the incapacity of the perfons returned was matter of public notoriety, for it was created by adl of parliament. But really, Sir, my honeft friend's fuppofitions are as unfa- vourable to him as his fatts. He well knows that the clergy, befides that they are reprefented in common with their fellovv-fubjedls, have alfo u feparate parliament of their own : that their Incapacity to fit in the houfe of commons hr.sbeen 2 con- O F J U N I U S. 121 Confirmed by repeated decifions of the hoiife ; an^ that the law of parliament declared by thofe deci- fions, has been for above two centuries notorious and undifputed. The author is certainly at liberty to fancy cafes, and make whatever comparifons he thinks proper; his fuppofitions ftill continue as diftant from fact, r.s his wild difcourfes are from folid argument. The conclufion' of his book is candid to extreme. He offers to grant me all I defire. He thinks he may fafely admit that the cafe of Mr Walpole makes directly againft him, for it feems he has one grand folution in petto for all difficulties. If t fays he, I -were to allow all this, it will only prove t that the law of election "was different in Queen dune's time from -what it is at prefent. This indeed is more than I expected. The prin- ciple, I know, has been maintained in fact ; but I never expected to fee it fo formally declared. What can he mean ? Does he afTume this language to fa- tisfy the doubts of the people; or does he mean to roufe their indignation ? Are the miniftry daring enough to affirm, that the houfe of commons have a right to make and unmake the law of parliament at their pleafure ? Does the law of parliament, which we are fo often told is the law of the land ; ' does the common right of every fubject of the reality depend upon an arbitrary capricious vote of one branch of the legislature? The voice of truth and reafon mud be filent. The miniflry tell us plainly, that this is no longer a queflion of right, but of power and force alone. What was law yefterday is not law to-day ; and now it feems we have no better rule to live by$ than the temporary difcretion and fluctuating in- tegrity of the houfe of commons. Profeffions of patriotifm are become ftale and ridiculous. For my own part, I claim no merit from endeavouring to do a fervice to my fcllow-fub- L jects, 122 LETTERS jecls. I have clone it to the beft of my underfland- ing ; and without looking for the approbation ot other men, my confcience is fatisfied. What re- mains to be done concerns the collective body of the people. They are now to determine for them- felves, whether they will firmly and conftitution- nlly afiert their rights ; or make an humble, flavifli furrender of them at the feet of th.e miniflry. To a generous mind there cannot 'be a doubt. We owe it to our anceftors to preferve entire thefe rights which they have delivered to our care : we owe it to our pofterity, not to fuffer their deareft inheritance to be deftroyed. But if it were poflible for us to be infenfible of thefe facred claims, there is yet an obligation binding upon ourfelves, from which nothing can acquit us; a perfonal intereft, which we cannot furrender. To alienate even our own rights, would be a crime as much more enormous than fuicide, as a life of civil fecurity and freedom is fuperior to a bare ex-iftence ; and if life be the bounty of heaven, we fcornfully re- ^e6l the nobleft part of the gift, if we confent to Surrender that certain rule of living, without which the condition of human nature is not only mifer- able, but contemptible. JUNIUJx LETTER XXI. TO THE PRINTER OF THE PUBLIC ADVER- TISER. S I R, AUG. 22. 1769. T MUST beg of you to print a few lines, in expla- * nation of fome pafiages in my lad letter, which I fee have been mifunderftood. i. When I laid, that the houfe of commons never meant to found Mr Walpole's incapacity on his expulfion cnly^ I meant no more than to deny the general proportion that expulfiorra/5;^ creates K the OF JUKI U S. 123 the Incapacity. If their be any thing ambiguous in the expreflion, 1 beg leave to explain it by fay- ing, that, in my opinion, expulfion neither creates, nor in any part contributes to create, the incapacity in queftion.. 2. 1 carefully avoided entering into the merits of Mr Walpole's cafe. I did not inquire, whether the houfe of commons aled juftly, or whether they truly declared the law of parliament. ,My remarks went only to their apparent meaning and inten- tion, as it (lands declared in their own resolution* 3.-! never meant to affirm, that a commitment to the tower created a disqualification. On the contrary, I confidered that idea as an abfurdity> into which the minillry muft inevitably fall, ii ; they reafoned right upon their own principles. The cafe of Mr Wollafton fpeaka for itfelf. The miniftry affert that expulfion alone creates an abfo- lute complete incapacity to be re-ele&ed to fit in the fame parliament. This propofition they have uniformly maintained, without any condition or modification whatfoever. Mr Wollafton was ex- pelled, re-elec~led, and admitted to take his feat in the fame parliament. I leave it to the public to determine, whether this be a plain matter oi : facl, or mere nonfenfe or declamation. J U N I U S, LETTER XXII. TO THE PRINTER OF THE PUBLIC ADVERB TISER. SEPT. 4. 1769. ARGUMENT againft FACT; or, A new fyftemof political Logic, by which the miniftry have de> monftrated, to the fatisfa&ion of their friends, that expulfion alone creates a complete incapa- city to be r.e-elecled ; alias, that a fubject of L 2 this 124 LETTERS this realm may be robbed of his common right by a vote of the houfe of commons. FIRST FACT, TUlR Wollafton> in 1698, was expelled, re-elefted t *** and admitted to take his feat. ARGUMENT. As this cannot conveniently be reconcilied wit" our general propofition, it may be necefTary to fluft our ground, and look back to the cau/e of Mr Wol- Jafton's expulfion. From thence it will appear clearly, that, ' although he was expelled, he had " not rendered himfelf a culprit too ignominious " to fit in parliament ; and that having refigned * his employment, he was no longer incapacitated *' by law." Vide Serious Confide rat ions > page 23. Or thus, " The houfe, fomewhat inaccurately^ tl ufed the word EXPELLED , they (hould have tf called it A MOTION." Vide Mungo's cafe confi- dered, page n. Or in fliort, if thefe arguments (hould be thought inefficient, we may fairly deny the fact. For example : " I affirm that he was " not re-clefted. The fame Mr Wollafton, who ' was expelled, was not again elecled. The fame *' individual, if you pleafe, walked into the houfe, * and took his feat there; but the fame perfon in " law was not admitted a member of that parlia- ' ment, from which he had been difcarded.'* Vide Letter to Junius, page 12. SECOND FACT. 71/r Walpole having been committed to the To-wer y and expelled for a high breach of trvjt and notorious corruption in a public office^ -was declared incapable^ &c. ARGUMENT. From the terms of this vote, nothing can be more O F J U N I U S. 1*25 more evident, than that the houfe of commons infant to fix the incapacity upon the punifhment, and not upon the crime ; but left it fhould appear in a different light to weak, uninformed perfons, it may be advifable to gut the refolution, and give it to the public, with all poflible folemnity, in the following term?, viz. " Refolved, that Robert " Walpole, Efq; having been that feflion of par- " liament expelled the houfe, was and is incapa- " ble of being elected member to ferve in that fi prefent parliame-nt." Vide Mungo on the nfs of quotations, page IT. K. B. The author of the anfwer to Sir William Meredith feems to have made ufe of Mungo's quo- tation ; for in page 1 8, he affures us, " That the " declaratory vote of the lyth of February 1769, f* was indeed a literal copy of the refolution of " the houfe in Mr Walpole's cafe/' THIRD FACT. His opponent, Mr Taylor, having thefmalleft num* ber of votes ct the next fletliwi) ivas declared NOT. DULY ELCETED. ARGUMENT. This fac> we confider as direlly in point to prove that Mr Luttrell ought to be the fitting; member, for the following reafons. " The bur- " gefles of Lynn could draw no other iaference <( from this rtfolution, but this, that at a future " election, and in cafe of a fiirular return, the " houfe would receive the fame candidate as duly " elected, whom they had before rej p. 37. Or thus : " This their " refolution leaves no room to doubt what part " they mould have taken, if, upon a fubfequent re. ".election of Mr Walpole, there had been any f other candidate in competition with him. For, IC by their vote, they could have no other inten- *' tion than to ivdmit fuch ether candidate." Vid&- 126 LETTERS fllungo's cafe confidered, p. 39. Or take it in this light : The burgefles of Lynn having, ia defiance of the houfe, retorted upon them a perfon, whom they had branded with the mofl ignominious marks of their difpleafure, were thereby fo well intitled to favour and indulgence, that the houfe could do no lefs than rob Mr Taylor of a right legally vefted in him, in order that the burgefles might be ap- prifed of the law of parliament ; which law the houfe took a very direct way of explaining to them, by refolving that the candidate with the feweft votes was not duly elected : " And was not this much * more equitable, more in the fpirit of that equal and fubftantial juftice, which is the end of all 41 law,thanif they had violently adhered totheftrict * maxims of law ?" Vide Serious Confide rations^ p. 33 and 34. ** And if the prefent houfe of com- " mons had chofen to follow the fpirit of this re- " folution, they would have received and efta- *' blilhed the candidate with the feweft votes." Vide Anfwer to Sir W. M. p. 18. Permit me now, Sir, to (how you, that the worthy Dr Blackftone fometimes contradicts the miniftry as well as himfelf. The Speech without doors afferts, page 9. " That the legal effect of an 41 incapacity, founded on a judicial determination <* of a complete court, is precifely the fame as that or one And the fame thing ; fmce it fometimes may happen that the judge may mi/lake the law. Commentaries, Vol.1, p. 71. Theanfwer to Sir W. M. afferts, page 23. "That the returning officer is not a judicial, but a purely minifterial officer. His return is no judicial at." . At 'cm again, Doctor. The Sheriff in his judi- cial capacity is to hear and determine caufes offcrty fallings value and under in hit (Qunty court. He has O F J U N I U S. iay has alfo a judicial power in divers other civil cafes* He is /ike-wife to decide the eleclions of Knights of the Jbire (fubjecl to t he controulrf the houfe of commons J r to judge of the qualification of voters^ and to return fuch as he Jball DETERMINE to be duly elecled. Vide Commentaries, Vol. I. page 332. What conclufion (hall we draw from fuch fals, and fuch arguments, fuch contradictions ? I can- not exprefs my opinion of the prefent miniftry more exactly than in the words of Sir Richard Steele : "That we are governed by a fet of drivel- " lers, whofe folly takes away all dignity from " diftrefs, and makes even calamity ridiculous." PHILO JUN1US. LETTER XXIII. TO HIS GRACE THE DUKE OF BEDFORD. MY LORD, SEPT 19. 1769. YOU are fo little accuftomed to receive any marks of refpect or efteem from the public, that if, in the following lines, a compliment or expreflion of applaufe mould efcape me, I fear you would confider it as a mockery of your eftablifhed character, and perhaps an infult to your under- ftanding. You have nice feelings, my Lord, if we may judge from your refentments. Cautious therefore of giving offence, where you have fo little deferved it, I mall leave the illuftration of your virtues to other hands. Your friends have a pri- vilege to play upon the eadnefs of your temper, or pofiibly they are better acquainted with your good qualities than I am. You have done good by ftealth. The reft is upon record. You have ftill left ample room for fpeculation, when panegyric is exhaufted. You are indeed a very confiderable man. The higheft rank j a fplendid fortune > and a name, glorious t a8 LETTERS. glorious till it was your's, were fufEcient to have fupported you with meaner abilities than I think you pofiefs. From the find, you derive a confti- tutional claim to refpedl ; from the fecond, a na- tural extenfive authority; the laft created a par- . tial expectation of hereditary virtues. The ufe you have made of thefe uncommon advantages might have been more honourable to yourfelf, but could not be more inftrudive to mankind. We may trace it in the veneration of your country, the choice of your friends^ and in the accomplifhrnent of every fanguine hope which the public might have conceived from the illuftrious name of RufTcl. The eminence of your flation gave you a com-, manding profpect of your duty. The road, which led to honour, was open to your view. You could not lofe it by mitlake, and you had no temptation to depart from it by deiign. Compare the natural dignity and importance of the richeft- peer of Eng- land ; the noble independence which he might have maintained in parliament, and the real in- tereft and refpeft which he might have acquired, not only in parliament, but through the whole kingdom : compare thefe glorious diftin&ions with the ambition of holding a mare in government, the emoluments of a place, the fale of a borough, or the purchafe of a corporation ; and though you may not regret the virtues which create refpeclr, you may fee with anguiih how much real impor- tance and authority you have loft. Confider the character of an independent virtuous Duke of Bed- ford ; imagine what he might be in this country, then reflect one moment upon what you are. If it be poflible for me to withdraw my attention from the fal, I will tell you in the theory what fuch a. man might be. Confcious of his own weight and importance, his conduct in parliament would be directed by nothing but the conititutionai duty of a peer. He would O F J U N I U S. 129 would confider himfelf as a guardian of the laws' Willing to fupport the juft meafuresof government' but determined to obferve the conduct of the mi- nifter with fufpicion, he would oppofe the violence of faction with as much firmnefs as the encroach- ments of prerogative. He would be as little cap- able of bargaining with the minifter for places for himfelf or his dependants, as of defcending to mix himfelf in the intrigues of oppofition. Whenever an important queftion called for his opinion in par- liament, he would be heard, by the mod profli- gate minifter, with deference and refpecl. His authority would either fanflify or difgrace the meafures of government. The people would look up to him as their protector -, and a virtuous prince would have one honeft man in his dominions, in whofe integrity and judgment he might fafely con- fide. If it fliould be the will of Providence to afflict him with a domeftic misfortune*, he would fubmit to the ftroke, with feeling, but not without dignity. He would confider the people as his chil- dren, and receive a generous heart-felt confolatioh in the fympathifing tears and bleflings of his country. Your Grace may probably difcover fomething more intelligible in the negative part of this illuf* trious character. The man I have defcribed would never proftitute his dignity in parliament by an in- decent violence either in oppofing or defending a minifter. He would not at one moment ranco- roufly perfecute, at another bafely cringe to the favourite of his Sovereign. After outraging the royal dignity with preremptory conditions little Ihort of menace and hoftility, he would never de- fcend to the humility of foliciting an interview f with * The Duke lately loft his ooy fon, by a fall from his horfe. f At this interview, which parted at the houfe of the late Lord Egiingtoun, Lord Bire told the Duke that he was determined never to have any connexion with a man who had fv bafely betrayed him. * 3 o LETTERS with the favourite, and of offering to recover at any price the honour of his friendfhip. Though ' deceived perhaps in his youth, he would not, j through the courfe of a long life, have invariably j chofen his friends from among the mod profligate f of mankind. His own honour would have forbidden I him from mixing his private pleafures or conver- | fation with jockeys, gamefters, blafphemers, gla- diators, or buffoons. He would then have never felt, much lefs would he have fubmitted to, the diihoneft neceflity of engaging in the interefts and intrigues of his dependants ; of fupplying their vices, or relieving their beggary, at the expenee of his country. He would not have betrayed fuch. ignoranc?, or fuch contempt, of the conftitution, as openly to avow, in a court of juftice, the * pur- chafe and fale of a borough. He would not have thought it conGftent with his rank in the date, or even with his perfonal importance, to be the little tyrant of a little corporation f. He would never have been infulted with virtues, which he had la- boured to sxtinguifh; nor fuffered the difgrace of a mortifying defeat, which has made him ridicu- lous and contemptible, even to the few by whom, he was not detefted. I reverence the afflictions of a good man, his forrows are facred. But how can we take part in the didreifts of a man, whom. we can neither love nor efleern ; or feel for a cala- mity, of which he himfelf is infenfible ? Where was the father's heart,, when he could look for, or find, an immediate confol.ition for the lofs of an only fon, in confultaticns and bargains for a place at In an anfwer in Chancery, in a fuit againft him to recover a large Aim paid him by a perfon whom he had undertaken to return to pailiament, for one of his Grace's boroughs. He was compelled to repay the money. f Of Bedford; whete the tyrant was held in fuch contempt and deteftation, that, in order to deliver the.mfc.lves from him, they ad- mitted a great number of ftrai.gers to iht freedom. To make his defeat truly ridiculous, he tried his whole ftrength again Mr H;r/;f , :i4 was beaten upon his own ground* OF J U N I U S. 131 .at court, r.nd even in the mifery of balloting at the India houfe ! Admitting then thatyou have miftaken or deferN ed thofe honourable principles which ought to have directed your conduct 5 admitting that you have as little claim to private affection as to public efteem ; let us fee with what abilities, with what degree of judgment, you have carried your own fyitem into execution. A great man, in the fuccefs and even in the magnitude of his crimes, finds a refcue from contempt. Your Grace is every way unfortunate. Yet I will not look back to thofe ridiculous fcenes, by which -in your earlier days you thought it an honour to be diflinguifhed*-; the recorded ftripes, the public infamy, you-r own fufferings, or Mr Rigby's fortitude. Thefe events undoubtedly left an imprefTion, though not upon your mind. To fuch a mind it may perhaps be a pleafure to reflect, that there is hardly a cor- ner of any of his Majefty's kingdoms except France, in which, at one end or another, your valuable life has not been in danger. Amiable man ! we fee and acknowledge the protection of Providence, by which you have fo often efcaped the perfonal deteftation of your fellow-fubjects, and are ftill referved for the public juflice of your country. Your hiftory begins to be important at that au- fpicious period, at which you were deputed to re- prefent the Earl of Bute at the court of Verfailles. It was an honourable office, and executed with the fame fpirit with which it was accepted. Your patrons * Mi Hefton Homphrey, a country Attorney, horfewhippcd the Duke, with equal juftice, fevcrity, and perfevcrance, on the Gourfe at Lhchfield. Rigby and Lord Trentbam were alfo cudgelled in a mofr. examplary manner. This gave rife to the following ftory : When the late King heard that Sir Edward Hawke had given the French a diuWtn*, his Majefty, who hud never received that kind of chaftifsn.ent, was plea'fcd to afk Lrd Ghefterficld the riieanitig of the word Sir, fays Lord Chefterfield, the mean- ing of the. word but here comes the Duke of Bedford, who is better able to c-xplaiu it to your msjcfty than I am." i 3 2 LETTERS patrons wanted an ambaiTador, who would fubrnit to make conceflions without daring to infift upon any honourable condition for his Sovereign. Their bufmefs required a man who had as little feeling for his own dignity as for the welfare of his coun- try ; and they found him in the firft rank of the nobility. Belleifle, Goree, Guadeloupe, St. Lucia, Martinique, the Fifhery, and the Havannah, are glorious monuments of your Grace's talents for negotiation. My Lord, we are too well acquainted with your pecuniary character, to think it pofiible that fo many public facrifices mould have been made without fome private compeniations. Your conduct carries with it an internal evidence, be- yond all the legal proofs of a court of juttice* Even the callous pride of Lord Egremorit was alarm- ed *. He fa-w and felt his own difhonour in cor- refponding with you ; and there certainly was a mo* ment, at which he meant to have refitted, had not a fatal lethargy prevailed over his faculties> and car- ried all fenfe and memory away with it. I will not pretend to fpecify the fecret terms on which you were invited to fupport an f admi- niftration which Lord Bute pretended to leave in full pofleffion of their minitteral authority, and perfectly mafters of themfelves. He was not of a temper to relinquifh power, though he retired from employment. Stipulations were certainly made between your Grace and him, and certainly vio- lated. After two years fubmiilion, you thought you had collected a ftrength fufficient to controul his influence; and that it was your turn to be a tyrant, becaufe you had been a (lave. When you found yourfelf miftaken in your opinion of your gracious Matter's firmnefs, difappointment got the better * This man, notwithflanding his pride and Tory principles, had fome Englif!) ftutJin him. Upon an official letter he wrote to the Duke of Bedford, the Duke defired to he recalled, and it was with the utmoft difficulty that Lnrd Bute could appeafc him. * f Mr Orcuville, Lord Halifax, and Lord Egrcmont. O F J U N I U S. 133 better of all your humble difcretion, and carried you to an excefs of outrage to his perfon, as diflant from true fpirit, as from all decency and refpel *. After robbing him of the rights of a King, you would not permit him to preferve the honour of a gentleman. It was then Lord Weymouth was nominated to Ireland, and difpatched (we well re- member with what indecent hurry) to plunder the treafury of the firft fruits of an employment which you well know he was never to execute f. This fudden declaration of war againfl the fa- vourite might have given you a momentary merit with the public, if it had either been adopted upon principle, or maintained with refolution. With- out looking back to all your former fervility, we need only obferve your fubfequent conduct, to fee upon what motives you aled. Apparently united with Mr Grenville, you waited until Lord Itock- ingham's feeble adminiftration (hould diflblve in its own weaknefs. The moment their difmiffion was fufpected, the moment you perceived that an- other fyftem was adopted in the clofet, you thought it no difgrace to return to your former dependence, and folicit once more the friendship of Lord Bute. You begged an interview, at which he had fpirit enough to treat you with contempt. It would be now of little ufe to point out, by what a train of weak, injudicious meafures, it became necelTary, or was thought fo, to call you back to a (hare in the adminiftration i. The friends M whom * Tlie miniftry having endeavoured to exclude the Dowager out of the regency bill, the Earl of Bute determined to difmifs them. Upon this the Duke of Hcdford demanded an andience of the ; reproached him in plain terms with his duplicity, bafcnefs, falfe- l.oor!, treachery, and hypocrify repearcdly gave him the lie, and left him in convulfions. f He received three thoufand pounds for plate and equipage motiey. | When F.arl Gower was appointed Prefident of the council, the King with his ufual fincerity afliired him, that he, hud not had one happy moment fince the Duke of Bedford left him. i 3 4 LETTERS. whom you did not in the laft inftance deferr, were not of a character to add ftrength or credit to go- vernment ; and at that time your alliance with the Duke of Grafton was, I prefume, hardly forefecn. We muft look for other ftipulations, to account for that fudden refolution of the clofet, by which three of your dependants * (whofe characters, I think, cannot be lefs refpe&ed than they are) were advanced to offices, through which you might again controul the minifter, and probably engrofs the whole direction of affairs. The pofleflion of abfolute power is now once more within your reach. The meafures you have taken to obtain and confirm it, are too grofs to efcape the eyes of a difcerning judicious prince. His palace is befieged ; the lines of circumvallation are drawing round him , and unlefs he finds a re- fource in his own activity, or in the attachment of the real friends of his family, the bed of princes muft fubmit to the confinement of a ftate-prifoner, until your Grace's death, or fome lefs fortunate event, fhall raife the fiege. For the prefent, you may fafely refume that ftyle of infult and menace, which even a private gentleman cannot fubmit to hear without being contemptible. Mr Mackenzie's hiilory is not yet forgotten ; and you may find pre- cedents enough of the mode, in which an imperi- ous fubjecl may fignify his pleafure to his Sove- reign Where will this gracious monarch look for afiiftance, when the wretched Grafton could forget his obligations to his mafter, and defert him for a hollow alliance withyW; a man as the Duke of Bedford ! Let us confider you, then, as arrived at the fummit of worldly greatnefs j let us fuppofe, that all your plans of avarice and ambition are accom- plifhed, and your mod fanguine wifhes gratified in the fear as well as the hatred of the people : Can * Lords Gower, Wtymouth, and Sandwich. O F J U N I U S. 135 Can age itfelf forget that you are in the laft aft of life ? Can gray hairs make folly venerable ? and is there no period to be referved for meditation and retirement ? For fhame ! my Lore! : let it not be re- corded of you, that the lateft moments of your life were dedicated to the fame unworthy purfuits, the fame bufy agitations, in which your youth and manhood were exhaufted. Confider, that although you cannot difgrace your former life, you are violating the character of age, and expofing the impotent imbecillity after you have loft the vigour of the paflions. Your friends will aflc, perhaps, Whither fliali this unhappy old man retire? Can he remain in the metropolis, where his life has been fo often threatened, and his palace fo often attacked ? If he returns to Wooburn, fcorn and mokery await him. He mult create a folitude round his eftate, if he would avoid the face of reproach and deri- fion. At Plymouth, his destruction would be more than probable ; at Exeter, inevitable. No honed Englishman will ever forget his attachment, nor any honeft Scotchman forgive his treachery, to Lord Bute. At every town he enters, he muft change his liveries and name. Whichever way he flies, the Hue and Cry of the country purfues him. In another kingdom, indeed, the bleflings of his adminiftration have been more fenfibly felt ; his virtues better underfiood ; or at worft they will not, for him alone, forget their hofpitality. As well might VERRES have returned to Sicily. You have twice efcaped, my Lord ; beware of a third experiment. The indignation of a whole people, plundered, infulted, and opprefted as they have been, will not always be difappointed. k is in vain therefore to (hift the fcene. You can no more fly from your enemies than from yourfdf. Perfecuted abroad, you look into your M a ow 136 LETTERS. own heart for~confolation, and find nothing but reproaches and defpair. But, my Lord, you may quit the field of bufinefs, though not the field of danger ; and though you cannot be fafe, you may ceafe to be ridiculous. I fear you have liftened too long to the advice of thofe pernicious friends, with whofe interefts you have fordidly united your own, and for whom you have facrificed every thing that ought to be dear to a man of honour. They are ftill bafe enough to encourage the follies of your age, as they once did the vices of your youth. As little acquainted with the rules of decorum as with the laws of morality, they will not flitter you to profit by experience, nor even to confult the propriety of a bad character. Even now they tell you, that life is no more than a dramatic fcene, in which the hero fhould preferve his confiftency to the hit ; and that as you lived without virtue, you (liould die without repentance. J U N I U S. LETTER XXIV. TO JUNIUS. S I R, SEPT. 14. 1769. TTAVING accidentally feen a republication of ^^ your letters, wherein you have been pleafed to ajjert, that I had fold the companions of my fuc- cefs ; I am again obliged to declare the faid afler- tion to be a mod infamous and malicious falfe hood ; and I again call upon you to (land forth, avow yourfelf, and prove the charge. If you can make it out to the fatifcfaclion of any one man in the kingdom, I wiil be content to be thought the word man in it ; if you do not, what muft the na- tion think of you ? Party has nothing to do in this affair : you have made a perfonal attack upon my honour, defamed me by a moft vile calumny, which might poUibly have funk into oblivion, had not OF J U N I U S. 137 not fuch uncommon pains been taken to renew and perpetuate this fcandal, chiefly becaufe it has been, told in good language : for I give you full credit for your elegant diction, well-turned periods, and Attic wit : but wit is oftentimes falfe, though it may- appear brilliant ; which is exactly the cafe of your vjkole performance. But, Sir, I ant obliged in the mofrffrious manner to accufe you of being guilty offa/JitieS' You have faid the thing that is not. To fupport your ftory, you have recourfe to the following irrefiftible argument : " You fold the " companions of your victory, becaufe when the " 1 6th regiment was given to you, you \vasji/ent* ff The conclufion is inevitable." I believe that fuch deep and acute reafoning could only come from fuch an extraordinary writer as Junius. But unfortu- nately for you, the premifes as well as the ctnclu- fion are abfolutelyy^^. Many applications have been made to the miniftry on the fubject of the Manilla Ranfomy/c feize your battery, and turn it againft yourfelf. It" your puerile and tinfel logic could carry the lead weight or conviction with it, how muft you (land affected by the inevitable ccndiijion, as you are pleafed to term it I According to Junius, Silence i* Guilt. In many of the public papers, you have been called in the mod 1 direct and offenfive terms a liar } and a cnward. When did you reply tothefe M 3 foul *j8 LETTERS foul accufations ? You have been quite filent ; quite chop-fallen : therefore, becaufe you was filent, 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 I opportunity to wipe off the firft appellation, by ' defiring the proofs of your charge againft me. Produce them ! To wipe off the laft, produce your- felf. People cannot bear any longer your Lion's Jkin t and the defpicable impofture of the old Roman name which you have affcEled. For the future af- fume the name of fome modern * bravo and dark . affaflin : let your appellation have fome affinity to your practice. But if I muft perijb, Junius t let - me perijh in the face of day ; \be for once a gene- rous and open enemy. I allow that Gothic appeals to cold iron are no better proof of a man's honefty and veracity, than hot iron and burning plough- fhares are of female chaftity : but a foldier's honour is as delicate as a woman's , it muft not be fufpeft- ed ; you have dared to throw more than a fufpi- cion upon mine : you cannot but know the con- fequences, which even the meeknefs of Chriftianity would pardon me for, after the injury you have done me. WILLLIAM DRAPER, LETTER XXV. Haret lateri letbalis arundo* TO SIR WILLIAM DRAPER, K. B. S'l R, SEPT. 25. 1769. AFTER fo long an interval, I did not expect to fee the debate revived between us. My anfwer to your laft letter (hall be fhort ; for I write to you with reluctance, and I hope we fhall now conclude our correfnondence for ever. Had * Was Btt'.tv! an anc'.ent bravo and dark afEtflTn? or docs Sic W-IMliiak it criraiiuUo ftai a tyram to the heart O F J U N I U S. 139 Had you been originally and without provoca- tion attacked by an anonymous writer, you would have fome right to demand his name. But in this caufe you are a volunteer. You engaged in it with the unpremeditated gallantry of a foldier. You were content to fet your name in oppofition to a man who would probably continue in con- cealment. You underftood the terms upon which we were to correfpond, and gave at leaf! a tacit aflent to them. After voluntarily attacking me under the character of Junius, what poiTible right have you to know me under any other ? Will you forgive me if I infinuate to you, that you forel'av/ fome honour in the apparent fpirit of coming for- ward in perfon, and that you were not quite in- different to the difplay of your literary qualifica- tions ? You cannot but know, that the repubtication of my letters was no more than a catchpenny con- trivance of a printer, in which it was impoffible I fhould be concerned, and for which I am no way anfwerable. At the fame time I wifh you to underftand, that if I do not take the trouble of reprinting thefe papers, it is not from any fear of giving offence to Sir William Draper. Your remarks upon a fignature adopted merely for diftinclion, are unworthy of notice : but when you tell me I have fubmitted to be called a liar and a coward, I muft afk you in my turn, Whether you think ferioufly it any way incumbent upoa me to take notice of the filly inve&ives of every fnnplcton who writes in a newfpaper; and what opinion you would have conceived of my difcre- tion, if I had fuftered myfelf to be the dupe of fo fhallow an artifice ? Your appeal to the fword, though confiftent enough with your late profeflion, will neither prove your innocence, nor clear you from fufpi- cion, Your complaints with regard to the Ma*. 140 O F J U N I U S. nilla rnnfom were for a confiderable time a di- flrefs to government. You were appointed (great- ly out of your turn) to the command of a regi- ment, and during that adminiftration we heard no more of Sir William Draper. The fads of which I fpeak may indeed be varioufly accounted for, but they are too notorious to be denied : and I think you might have learnt at the univerfity, that a falfe conclusion is an error in argument, not a breach of veracity. Your folicitations, I doubt not, were renewed under another adminiftration. Admitting the faft, I fear an indifferent perfon would only infer from it, that experience had made you acquainted with the benefits of com- plaining. Remember, Sir, that you have your- felf con felled, that, considering the critical fttuation cf this country, the miniflry are in the right to tern- porife -with Spain. This confeffion reduces you to an unfortunate dilemma. By renewing your feli- citations, you muft either mean to force your country into a war at a moft unfeafonable June- Jure ; or, having no view or expectation of that kind, that you look for nothing but a private corn- pen fation to yourfelf. As to me, it is by no means neceffary that I fliould be expofed to the refentment of the worft and the moft powerful men in this country, tho' I may be indifferent about your's. Though you would fight, there are others who would aflaffi- nate. But after all, Sir, where is the injury? You afliire me, that my logic is puerile and tinfefc that it carries not the leaft weight or convidion; that my premifes are falfe, and my conclufions abfurd. If this be a juft defcription of me, how is it pof- fible for fuch a writer to diflurb your peace of mind, or to injure a charafter fo well eftablifhed as yours ? Take care, Sir William, how you in- dulge this unruly temper, left the world fliould fufpect O F J U N I U S. 141 fufpe& that confcience has fome {hare in your re- fentments. You have more to fear from the treachery of your own pailions, than from any malevolence of mine. I believe, Sir, you will never know me. A coii- fiderable time mud certainly elapfe before we are perfonally acquainted. You need not, however, regret the delay, or fuffer an apprehenfion that any length of time can redtfre yo x u to the Chri- ftian meeknefs of your temper, and difappoint your prefent indignation. If I underftand your character, there is in your own bread a repofitory, in which your refentments may be fafely laid up for future occafions, and preferved without the hazard of diminution. The Oditz in longumj 'nclens , qua reconderet, auftaqiie promcret, I thought had only belonged to the word chara&er of antiquity. The text is in Tacitus; you know bed where to look for the commentary. JUNIUS. LETTER XXVI. A WORD AT PARTING TO JUNIUS. ' * S I R, OCT. 7. 1769. A S you have not favoured me with either of the -*-*- explanations demanded of you, I can have no- thing more to fay to you upon my oiun account. Your * Mtafuret and net mm is the common cant of afFe examples to enforce them. To attack vices in the " ttbltucl, without teaching, pcrftns, may It L:'t :iiitirig indeed, " but I 4 2 LETTERS. Your mercy to me, or tendernefs for yourfelf, has been very great. The public will judge of your motives- If your excefs of modefty forbids you to produce either the proofs, or yourfelf, I will ex- cufe it. Take courage ; I have not the temper of Tiberius, any more than the rank or power. You, indeed, are a tyrant of another fort ; and upon your political bed of torture can excruciate any fubjeft, fiom a firft minifter down to fuch a grub or butterfly as myfelf -, like another detefted tyrant of antiquity, can make the wretched fufferer fit the bed, if the bed will not fit the fufferer, by disjointing or tearing the trembling limbs until they are ftretched to its extremity. But courage, COnftancy, and patience, under torments, have fometimes caufed the moft hardened monfters to relent, and forgive the object of their cruelty. You, Sir, are determined to try all that human nature can endure, until (he expires: elfe, was it poflible that you could be the author of that moft inhuman letter to the Duke of Bedford, I have read with aftoniftiment and horror ? Where, Sir, where were the feelings of your own heart, when you could upbraid a moft afte&ionate father with the lofs of his only and moft amiable fon ? Read over again thofe cruel lines of yours, and let them wring your very foul. Cannot political que- ftions be difcuiTed without defcemling to the moft odious perfonalities ? Muft you go wantonly out of your way to torment declining age, b.ecaufe the Duke of Bedford may have quarrelled with thofe whofe caufe and politics you efpoufe ? For fhame! for (hame ! As you have /poke daggers to him, you may juftly dread the life of them againft your own breaft, did a want of courage, or of noble fenti- ments, ftimulate him to fuch mean revenge. He is " but it is fighting with (barlows. My greateft comfort and en. " couragemciu to proceed has been to fee, that thole who luve no " fhamc, and not fear of any thing elfe, have appeared tuuclud "by my fatircs." O F J U N I U S. 143 is above it ; he is brave. Do you fancy that your own bafe arts have infefted our whole ifland ? But your own reflexions, your own confcience, muft and will, if you have any fpark of humanity remaining, give him mod ample vengeance. Not all the power of words with which you are fo graced, will ever warn out, or even palliate, this foul blot in your character. I have not time at prefent to difieft your letter fo minutely as 1 could \vifh ; but I will be bold enough to fay, that it is (as to reafon and argument) the moft extraordina- ry piece of florid impotence that was ever impofed upoa the eyes and ears of the too credulous and deluded mob. It accufes the Duke of Bedford of high treafon. Upon what foundation ? You tell us, " that the Duke's pecuniary charatter makes it " more than probable, that he could not have made " fuch facrifices at the peace, withouty^w^/>r*f ate <( compenfations : that his conduct carried with it " an interior evidence, beyond all the legal proofs whom you call ava- ricious, allowed that fon eight thoufand pounds a- year. Upon his moft unfortunate death, which your ufual good-nature took care to remind him of, he greatly increafed the jointure of the afflict- ed lady his widow. Is this avarice ? Is this doing good oj J} faith ? It is upon record. If exact order, method, and true ceconomy, as a mafter of a family ; if fplendor and juft magni- ficence, without wild wafte and thoughtlefs extra- vagance, may conftitute the character of an ava- ricious man, the Duke is guilty. But for a mo- ment let us admit that an ambaflador may love money 144 LETTERS money too much ; what proof do you give that he has taken any to betray his country ? Is it hear- fay, or the evidence of letters, or ocular 4 or the evidence of thofe concerned in this black affair ? Produce your authorities to the public. It is an impudent kind of forcery, to attempt to blind us xvith the fmoke, without convincing us that the fire has exifted. You firft brand him with a vice that he is free from, to render him odious and fufpected. Sufpicion is the foul weapon with which you make all your chief attacks; with that you (lab. But fhall one of the firft fubjec~ls of the realm be ruined in his fame ; mail even his life be in conflant danger, from a charge built upon fuch fandy foundations ? muft his houfe be befieged by lawlefs ruffians, his journey im- peded, and even the afylum of an altar be infecure from aflertions fo bafe and falfe? Potent as he is, the Duke is amenable to juftice; if guilty, punifh- able. The parliament is the high and folemn tri- bunal for matters of fuch great moment. To that be they fubmitted. But I hope alfo that fome notice will be taken of, and fome punifhment in- flicted upon, falfe ace ufers ; efpecially upon fuch, Junius, who are wilfully falfe. In any truth I will agree even with Junius ; will agree with him that it is highly unbecoming the dignity of peers to tamper with boroughs. Ariftocracy is as fatal as democracy. Our conftitution admits of neither. It loves a King, Lords, and Commons, really cho- fen by the unbought fuffrages of a free people. But if corruption only fhifts hands ; if the wealthy commoner gives the bribe, inflead of the potent peer, is the ftate better ferved by this exchange ? Is the real emancipation of the borough effected, becaufe new parchment bonds may poflibly fuper- fede the old ? To fay the truth, wherever fuch practices prevail, they are equally criminal to and dellruftive of our freedom, 2 The O F J U N I U S. 145 The red of your declamation is fcarce worth confidering, excepting for the elegance of the lan- guage. Like Hamlet in the play, you produce two pictures ; you tell us, that one is not like the Duke of Bedford ; then you bring a moft hideous caricatura, and tell us of the refemblance ; but multum abludit imago. All your long tedious accounts of the minifte- rial quarrels, and the intrigues of the cabinet, are reducible to a few fhoit lines ; and to convince you, Sir, that I do not mean to flatter any mini- fter, either paft or prefent, thefe are my thoughts: They feem to have a6led like lovers, or children ; have * pouted, quarrelled, cried, kitted, and been friends again, as the obje&s of defire, the mini- fterial rattles, have been put into their hands. But fuch proceedings are very unworthy of the gravity and dignity of a great nation. We do not want men of abilities ; but we have wanted fteadi- nefs; 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 difappoint the efforts of all the feditious in the land, and extinguifli their wide fpreadin? fires. I have lived with this fentiment ; with this I mall die. WILLIAM DRAPER. LETTER XXVII. TO THE PRINTER OF THE PUBLIC ADVER T1SER. SIR, OCT. 13. 176-9. TF Sir William Draper's bed be a bed of torture, * he has made it for himfelf. I (hall never inter- rupt his repofe. Having changed the fubjeft, there N are * Sir William give? xis a plcafant account of men, who, it} bis opinion at leaft, arc ihe beft qualified to govern an empire, * 4 6 LETTERS are parts of his laft letter not undeferving of a jeply. Leaving his private character and conduct out of the queftion, I fhall confider him merely in the capacity of an author, whofe labours certainly do no difcredit to a newfpaper. We fay, in common difcourfe, that a man may be his own enemy , and the frequency of the fac"i makes the expreffio-n intelligible. But that a man ihould be the bittereft enemy of his friends, im- plies a contradiction of a peculiar nature. There is fomething in it, which cannot be conceived without a confufion of ideas, nor exprefTed with- out a folecifm in language. Sir William Draper is ftill that fatal friend Lord -Granby found him. Yet I am ready to do juftice to his generofity ; if indeed it be not fcunething more than generous, to be the voluntary advocate of men who think themfelves injured by his affiftance, and to con- fider nothing in the caufe he adopts but the dif- ficulty of defending it. I thought however he had been better read in the hiftory of the human heart, than -to compare or confound the tortures of the body with thofe of the mind. He ought to have known, though perhaps it might not be his in- tereft to confefs, that no outward tyranny can reach the mind. If conference plays the tyrant, it would be greatly for the benefit of the world that fhe were more arbitrary, and far lefs placable, than fome men find her. But it feems I have outraged the feelings of a father's heart. Am I indeed fo injudicious? Does Sir William Draper think I would have hazarded my credit with a generous nation, by fo grofs a violation of the laws of humanity ? Does be think I am fo little acquainted with the firft and nobleft charac~leriftic of Englifhmen ? Or how will he reconcile fuch folly with an underftanding fo full of artifice as mine ? Had he been a father, he would have been but little offended with the fe- vemy OF J U N I U S. 147- verity of the reproach, for his mind would have been filled with the juftice of it. He would have feen that I did not infult the feelings of a father, but the father who felt nothing. He would have trufted to the evidence of his own paternal heart; end boldly denied the poflibility of the fadl, in- ftead of defending it. Againd whom then will his honed indignation be directed, when I aflure him, that this whole town beheld the Duke of Bedford's conduft, upon the death of his fon, with horror and adonifhment. Sir William Dra- per does himfelf but little honour in oppofing the general fenfe of his country. The people are feldorn wrong in their opinions," in their fenti- ments they are never miftaken. There may be a vanity perhaps in a fingular way of thinking ; but when a man profeffes a want of thofe feelings which do honour to the multitude, he hazards fomething infinitely more important than the cha- racter of his underftanding. After all, as Sir William may pofiibly be in earned in his anxiety for the Duke of Bedford, I fhould be glad to re- lieve him from- it. He may reft afTured this wor- thy nobleman laughs, with equal indifference, at my reproaches, and Sir William's diftrefs about him. But here let it ftop. Even the Duke of Bedford, infenfible as he is, will confult the tran- quility of his life, in not provoking the modera- tion of my temper. If, from the profoundeft con- tempt, 1 (hould ever rife into anger, he mould foon find, that all I have already faid of him was lenity and companion. Out of a long catalogue, Sir William Draper has confined himfelf to the refutation, of two charges only. The reft he had not time to dif- cufs ; and indeed it would have been a laborious undertaking. To draw up a defence of fuch a feries of enormities, would have required a life at leaft as long as that which has been uni- N z formly. I 4 8 LETTERS formly employed in the practice of them. The public opinion of the Duke of Bedford's extreme ceconomy is, it feems, entirely without founda- tion. Though not very prodigal abroad, in his own family at leaft he is regular and magnificent. He pays bis debts, abhors a beggar, and makes a handfome provifion for his fon. His charity has improved upon the proverb, and ended where it began. Admitting the whole force of this fingle jnftance of his domeftic generofity (wonderful in- deed, considering the narrownefs of his fortune, and the little merit of his only fon), the public may ftill perhaps be diffatisfied, and demand fome other lefs equivocal proofs of his munificence. Sir William Draper fliould have entered boldly into the detail of indigence relieved of arts encou- raged of fcience patronized, men of learning protected, and works of genius rewarded ; in Ihort, had there been a fingle inftance, befides Mr Rigby*, of blufhing merit brought forward by the Duke for the fervice of the public, it fhould not have been omitted. I wifh it were poffible to eftablifh my inference with the fame certainty, on which I believe the principle is founded. My conclufion, however, v/as not drawn from the principle alone. I am not fo unjuft as to reafon trom one crime to ano- ther ; though I think, that, of all the vices, ava- rice is moft apt to taint and corrupt the heart. I combined the known temper of the man with the extravagant concefiions made by the ambaflador ; and though I doubt not fufficient care was taken to leave no document of any treafonable negocia- tion, I ftill maintain that the conduct -f of this mini. * This gentleman is fnppofed to have the fame idea of llujbing, that a man blind from his birth has of fcailet or fky-Wuc. f If Sir W. D. will lake the trouble of looking into Torcy's Memoirs, he will fee with what little ceremony a lyibe may be of- fered to a Duke, and with what little ceremony it was only net ac- tfftti. O F J U N I V $. i& minifter carries with it an internal and convincing evidence againft him. Sir William Draper feems not to kno v the value or force of fuch a proof. He will not permit us to judge of the motives of men, by the manifeft tendency of their actions, nor by the notorious character of their minds. He calls for papers and witnefles, with a triumphant fecurity ; as if nothing could be true, but what could be p-ioved in a court of juftice* Yet a reli-r gious man might have remembered, upon what foundation fome truths, moft interefting to man- kind, have been received and eftablifhed. If it were not for the internal evidence, which the pureft of religions carries with it, what would have become of his once well-quoted decalogue, and of the meeknefs of his Chiiftianity ? The generous warmth of his refentment makes him confound the order of events. He forgets that the infults and diftreffes which the Duke of Bedford has fuffered, and which Sir William has lamented with many delicate touches of the true pathetic, were only recorded in my letter to his Grace, not occafioned by it. It was a fimple can- did narrative of facts ; though, for aught I know, it may carry with it fonvething prophetic. His Grace undoubtedly has received feveral ominous hints; and I think, in certain circumftances, a wife man would do well to prepare himfelf for the event. But I have a charge of a heavier nature againft Sir William Draper. He tells us that the Duke of Bedford is amenable to juftice; that parlia- ment is a high and folemn tribunal ; and that, if guilty, he may be punifheti by due courfe of law : and all this he fays with as much gravity as if he believed one word of the matter. I hope, indeed, the day of impeachments will arrive, before this nobleman elcapes out of life ; but to refer us to that mode of proceeding now, with fuch a mini- N 3 {try, 150 LETTERS ftry, and fuch a houfe of commons as the prefenr., what is it, but an indecent mockery of the com- mon fenfe of the n.uio:i ? I think he might have contented himfdf with defending the greateft ene- my, without infulting the didrefles, of his country. His concluding declaration of his opinion, with refpect to the prcfent condition of affairs, is too loofe and undetermined to be of any fervice to the public. How ftrange is it that this gentleman, fhould dedicate fo much time and argument to the defence of worthlefs or indifferent characters, while he gives but feven folitary lines to the only fubjeft which can dcferve his attention, or do cre- dit to his abilities. J U N I U S. LETTER XXVIIF. TO THE PRINTER OF THE FUEL 1C ADVERTISER, S I R, OCT. 20. 1769. I VERY fincerely applaud the fpirit with which a lady has paid the debt of gratitude to her be- nefador. Though I think (he has miftaken the point, (he (hows a virtue which makes her refpecl- able. The queftion turned upon the perfonal ge- nerofity or avarice of a man, whofe private for- tune is immenfe. The proofs of his munificence muft be drawn from the ufes to which he has applied that fortune. I was not fpeaking of a Lord Lieutenant of Ireland, but of a rich Englifii ciuke, whofe 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 wiming to leflen the merit of this Angle benevolent action ; perhaps it is the more confpicuous from (land- ing alone. All I mean to fay is, that it proves nothing iu the prefent argument. JUNIUS. LET- O F J U N I 17 S. LETTER XXIX. ADDRESSED TO THE PRINTER OF THE PUBLIC ADVERTISER. S I R, OCT. in. 1769, T AM well aflured that Jitnius will never defcend * to a difpute with fuch a writer as M^deflus (whofe letter appeared in the Gazetteer of Mon- day) efpecially as the difpute muft be chiefly about words. Notwithstanding the partiality of the Pub- lic, it does not appear that Jitnius values himfelf upon any fuperior (kill in compofition ; and I hope his time will always be more ufefully employed than in the trifling refinements of verbal criticifm. Mode/Ins, however, ("hall have no reafon to triumph in the filence and moderation of Jitnius. If he knew as much of the propriety of language, as I believes he does of the fa&s in queflion, he would have been as cautious of attacking Junius upon his compofition, as he feems to be of entering into the fubjet of it ; yet after all, the laft is the only article of any importance to the public. I do not wonder at the unremitted-rancour with which the Duke of Bedford and his adherents in- variably fpeak of a nation, which we well know has been too much injured to be eafily forgiven. But why mult Junius be an Irifhman? The ahfur- dity of his writings betrays him. Waving all eonfi- deration of the infult offered by Modcflus to the declared judgment of the people ^they may well bear this among the reft), let us follow the feveral inftances, and try whether the charge be fairly fup- ported. Firft then The leaving a man to enjoy fuch re- pofe as he can find upon a bed of torture, is fevere indeed ; perhaps too much fo, when applied to fuch a trifler as Sir William Draper j but there is nothing TJZ LETTERS nothing abfurd either in the idea or expreflion. Modejlus cannot diftinguifh between a farcafin and a contradilion. 2. I affirm with Junitis, that it is tint frequency of the fact, which alone can make us comprehend how a man can be his own enemy. We fhould never aiuve-at the complex idea conveyed by thofe words, if we had only fccn one or two initances of a man acting to his own prejudice. OrFer the proportion to a child, or a man u nil-fed to com- pound his ideas, and you will foon fee how little either of them underfland you. It is not a fitnple idea ariung from a fingle fad; but a very complex idea anting from many fads well obferved, and ac- curately compared. 3. Modeftus could not, without great afTelation, mi (lake the meaning of Junius when he fpeaks of a man who is the bittereft enemy of his friends. He could not but know, that Jitnius fpoke, mn of a falfe or hollow friendfhip, but of a real intention to ferve, and that intention producing the word efFetls of enmity. Whether the dtfcription be ftrictly applicable to Sir William Draper,is another queition. Junius does not fay that it is more crimi* na.1 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 liberties with himfelf than with another. To fa- crifice ourf; Ives merely, is a weaknefs we may in- dulge in, if we think proper; for we do it at our own hazard and expence: but, under the pretence of friemifhip, to fport with the reputation, or fa- crifice the honour, of another, is fomething worfe than weaknefs ; and if", in favour of the foolifh intention, we do not call it a crime, we muft al- low at leaft that it arifes from an overweening, bufy, meddling impudence. Junius fays only, and he fays truly, that it is more extraordinary, that it involves a greater contradiction, than the other; O F J U N I U S. 153 other ; and is it not a maxim received in life, that in general we can determine more wifely for others than for ourfelves ? The reafon of it is fo clear in argument, that it hardly wants the confirmation of experience. Sir William Draper, I confefs, is an exception to the general rule, though not much to his credit. 4. If this gentleman will go back to his Ethicks, he may perhaps difcover the truth of what Juniits fays, that no outward tyranny can reach the mind. The tortures of the body may be introduced by way of ornament or illuftration to reprefent thofc of the mind, but ftriclly there is no fimilitude be- tween them. They are fotally different both in their caufe and operation. The wretch who fufFers upon the rack, is merely paffive ; but when the mind is tortured, it is not at the command of any outward power. It is the. fenfe of guilt which con- ftitutes the punifliment, and creates that torture with which the guilty mind a&s upon itfelf. 5. He mifquotes vf\\zt Junius fays of confcience; and makes the fentence ridiculous, by making it his own. , So much for composition. Now for facl. Ju- nius, it feems, has miltaken the Duke of Bedford. His Grace had all the proper feelings of a father, though he took care to fupprefs the appearance of them. Yet it was an occafion, one would think, on which he need not have been afhamed of his grief ; on which lefs fortitude would have done him more honour. I can conceive indeed a bene- volent motive for his endeavouring to aflume an air of tranquillity in his own family; and I wifh I could difcover any thing, in the reft of his charac- ter, to juftify my afiigning that motive to his be- haviour. But is there no medium ? Was it necef- fary to appear abroad, to ballot at the India-houfe, and make a public difplay, tho' it were only of an apparent infenfibility ? I know we are treading on tender 154 LETTERS tender ground, and Junius, I am convinced, does not with to argue this queftion farther. Let the friends of the Duke of Bedford obferve that hum- ble filence which becomes their fituation. They (hould recollect that there are (till fome facts in ftore, at which human nature would ihuilder. (hall be underflood by thofe whom it concerns,- when I fay that thefe fats go farther than to the Duke *. It is not inconfiflent to fuppofe that a man may be quite indifferent about one part of a charge, yet feverely ftung with another ; and though he feels no remorfe, that he may wifli to be revenged. The charge of infenfibility carries a reproach in- deed, but no danger with it. Junius had faid, there are others "jjho "would affajjinate. Modeftus y knowing his man, will not fufter the insinuation to be divided,, but fixes it all upon the Duke of Bedford. Without determining upon what evidence Juni- us would choofe to be condemned* I will venture to maintain, in oppofition to Modeftns, or to Mr Rigby (who is certainly not Modeftus], or any other of the Bloomfbury gang, that the evidence againft the Duke of Bedford is as ftrong as any prefumptivc evidence can be. It depends upon a combination of facts and reafoning, which require no confir- mation from the anecdote of the Duke of Marl- borough. * Within a fortnight afier Lord Tavift.>ck's death, the vener- able Gertrude had a route at t!ei!foird-l,oufe. The good Duke (who had only fixty ilumfand pounds a-year) ordered at) inventory to be taken of his foil's wearing apparel, down to his flippers, fold them all, and put the money in his pocket. The amiable M..r- chionels, fliocked at furh brutal, unfeeling avarice, gave the value of the cloaihs to the Marquis's fcrvant, out of her own purfe. That incomparable woma'i did not long furvive her hufband. When (he died, ihc Duchcfs of Bedford treated her as the Duke had treat* ed his only Ton. She ordered every gown and trir.kct to be fold, and pocketed the money. Hiefe are the moiifters whom Sir William Draper comes forward to defend May God profrft me from ding any thing that may require fuch defence, or to deferve fcch O F J U N I U S. 155 borough. This anecdote was referred to merely to (how how ready a great man may be to receive a great bribe ; and if Mode/Ins could read the ori- ginal, he would fee that the expreflion, only not accepted, was probably the, only one in our lan- guage that exactly fitted the cafe : The bribe, of- fered to the Duke of Marlborough, was not re- fufed. I cannot conclude without taking notice of this Jioneft gentleman's learning, and wifhing he had .given us a little more of it. Whert he accidentally found himfelf fo near fpeaking truth, it was rather unfair of him to leave out the non potinjfe refelli. As it (lands, the pudct hacopprobria may be divided equally between Mr Rigby and the Duke of Bed- ford. Mr Rigby, I take for granted, will aflert his natural right to the madefty of the quotation, .and leave all the opprobrium to his Grace. FHILO JUNIUS. LETTER XXX. TO THE PRJNTEROFTHE P U BLIC A DVERTI6ER > S I R, OCT. 17. 1769. T T is not wonderful that the great caule, in which * this country is. engaged, fliould have roufed and engrofled the whole attention of the people. I rather admire the generous fpirit with which they feel atad afTert their intere.il in this important queillon, than blame them for their indifference about any other. When the conflitution is open- ly invaded, when the firfl original right of the people, from which all laws derive their autho- rity, is uireclly attacked, inferior grievances na- turally lofe their force, and are fuffered to pafs by without punifhment or obfervation. The prefent miniftry are as fingularly marked by thtir fortune as by their crime?. Inltead of atoning for their former 156 LETTERS former conduct by any wife or popular meafure they have found, in the enormity of one fact, a cover and defence for a feries of meafures, which mufl have been fatal to any other adminiftration. I fear we are too remifs in obferving the whole of their proceedings. Struck with the principal fi- gure, we do not fufficiently mark in what man- ner the canvafs is filled up. Yet furely it is not a lefs crime, nor lefs fatal in its confequences, to encourage a flagrant breach of the law by a mili- tary force, than to make ufe of the forms of par- liament to deftroy the conftitution. The miniftry feem determined to give us a choice of difficulties, and, if poffible, to perplex us with the multitude of their offences. The expedient is worthy of the Duke of Grafton. But though he has preferved a gradation and variety in his meafures, we fhould remember that the principle is uniform. Dictated by the fame fpirit, they deferve the fame atten- tion. The following tact, though of the mofl alarming nature, has not yet been clearly ftated to the public ; nor have the confequences of it been fufficiently underftood. Had I taken it up at an earlier period, I fhould have been accufed of an uncandid, malignant precipitation, as if I watched for an unfair advantage againft the mi- niftry, and would not allow them a reafonable time to do their duty. They now (land without excufe. Inftead of employing the leifure they have had in a Uriel: examination of fhe offence, and punifhing the offenders, they feem to have confidered that indulgence as a ftcurity to them ; that, with a little time and management, the whole affair might be buried in filence, and utterly for- gotten. A major-general* of the army is arrefted by the fherirFs officers for a confidcrable debt. He perfuades them to conduct him to the Tilt-yard in 4 St * Major General Ganfcl. OF J U N I U S. 157 t James's Park, under fome pretence of bufinefs* which it imported him to fettle before he was confined. He applies to a ferjeant, not imme- diately on duty, to affift with fome of his compa- nions in favouring his efcape. He attempts it. A buftle enfues. The bailiffs claim their prifoner. An officer of the guards *, not then on duty, takes part in the affair, applies to the lieutenant f commanding the Tilt-yard guard, and urges him, to turn out his guard to relieve a general officer. The lieutenant declines interfering in perfon; but (lands at a diftance, and fuffers the bufmefs to be done. The officer takes upon himfelf to order out the guard. In a moment they are in arms, quit their guard, march, refcue the general, and drive away the fheriff's officers ; who in vain re- prefent their right to the prifoner, and the nature of the arreft. The foldiers firft conduct the ge- neral into the guard-room; then efcort him to a place of fafety, with bayonets fixed, and. in all the forms of military triumph. I will not enlarge upon the various circumdances which attended this atrocious proceeding. The perfonal injury received by the officers of the law in the execu- tion of their duty, may perhaps be atoned for by fome private compenfation. I confider nothing but the wound which has been given to the law itfelf, to which no remedy has been applied, no fatisfa&ion made. Neither is it my defign to dwell upon the mifcondu6t of the parties concerned, any farther than is necefiary to ihow the behaviour of the minidry in its true light. I would make every compaffionate allowance for the infatuation of the prifoner, the falfe and criminal difcretion of one officer, and the madnefs of another. I would leave the ignorant foldiers entirely out of the que- ftion. They are certainly the leaft guilty, though they are the only perfons who have yet fuffered, O even * Lieutenant Dodd. t Lieutenant Garth. i 5 3 LETTERS even in the appearance of punishment*. The fac"l itfelf, however atrocious, is not the principal point to be confidered. It might have happened under a more regular government, and with guards better difciplined than ours. The main queftion is, In what manner have the miniftry a&ed on this extraordinary occasion ? A general officer calls upon the king's o-wn guard, then actually on duty, to refcue him from the laws of his coun- try ; yet at this moment he is in a fituation no worfe, than if he had not committed an offence, equally enormous in a civil and military view.- A lieutenant upon dtty defignedly quits his guard, and fuffers it to be draw i out by another officer, for a purpofe which he well knew (as we may collect from an appearance of caution, which only makes his behaviour the more criminal) to be in the.higheft degree illegal. Has this gentleman been called to a court-martial to anfwer for his conduct? No. Has it been cenfured ? No. Has it been in anyfhape inquired into? No. Another lieutenant, not upon duty, nor even in his regiv mentals, 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, perhaps .the mod fingular and extrava- gant that ever was attempted. What punifhment has he fuffercd ? Literally none. Suppofing he fliould be profecuted at common law for the ref- cue, will that circumftance, from which the mi- niftry can derive no merit, excufe or juftify their fuffering fo .flagrant a breach of military difcipline to pafs by unpunifhed and unnoticed ? Are they aware of the outrage offered : to their fovereign, when his own proper guard is ordered out to (top by main force the execution of his laws? What are we to conclude from fo fcandalous a neglect .of their duty, but that they have other views which > A few of them were confined. O F J U N I U S. 159 which can only be anfwered by fccuring the at- tachment of the guards ? The minifter would hardly be fo cautious of offending them, if he did not mean, in due time, to call for their affiftance. With refpedt to the parties themfelves,. let it be obferved, that thefe gentlemen are neither young officers, nor very young men. Had they belonged to the unfledged race of enfigns, who infeft our ftreets, and difhonour our public places, it might perhaps be fufficient to fend them back to that difcipline, from which their parents, judg- ing lightly from the maturity of their vices, had jemoved them too foom In this cafe, I am forry to fee, not fo much the folly of youth, as the fpi- rit of the corps, and the connivance of govern- ment. I do not queftion that there are many brave and worthy officers in the regiments o guards. But confidering them as a corps, I fear it will be found that they are neither good foldiers nor good fubje&s. Far be it from me to infinuate the mod diftant reflection upon the army. On the contrary, I honour and efteerri the profeffion , and if thefe gentlemen were better foldiers, I am fure they would be better fubje&s. It is not that there is any internal vice or defect in the profef- fion itfelf as regulated in this country, but that k is the fpirit of this particular corps to defpife their profeffion ; and that, while they vainly af- fume the lead of the army, they make it matter of impertinent comparifon, and triumph over the braveft troops in the world (I mean our marching regiments), that they indeed ftand upon higher ground, and are privileged to neglect the labo- jious forms of military difcipline and duty. With- out dwelling longer upon a moil invidious fubjedr, I fhall leave it to military men, who have feen a fervice more adive than the parade, to determine whether or no I fpeak truth. How far this dangerous fpirit has been ericou- O 3 raged- 160 LETTERS raged by government, and to what pernicious pur- pofes it may be applied hereafter, well deferves our moft ferious confideration. I know, indeed, that when this affair happened, an affectation of alarm ran through the miniftry. Something mud be done to fave appearances. The cafe was too flagrant to be paffed by abfolutely without notice. But how have they acted ? Inftead of ordering the officers concerned, (and who, ftrictly fpeak- ing, are alone guilty), to be put under arreft, and brought to trial, they would have it understood, that they did their duty completely, in confining a ferjeant and four private foldiers, until they ihould be demanded by the civil power , fo that while the officers, who ordered or permitted the poor men who obeyed thofe orders, who in a mi- Jitary view are no way refponfible for what they did, and who for that reafon have been difcharged by the civil mngiftrates, are the only objects whom the miniftry have thought proper to expofe to pu- nifhment. They did not venture to bring even thefe men to a court-martial, becaufe they knew their evidence would be fatal to fome perfons, whom they were determined to protect. Other- wife, I doubt not, the lives of thefe unhappy, friendlefs foldiers, would long fince have been fa- crificed without fcruple to the fecurity of their guilty officers. I have been accufed of endeavouring to inflame the paflions 'of the people. Let me now appeal to their underftanding. If there be any tool of adminiftration daring enough to deny thefe factsj or fhamelefs enough to defend the conduct of the miniftry, let him come forward. I care not un- der what title he appears. He fhall find me ready to maintain the truth of my narrative, and the juftice of my obfervations upon it, at the hazard of my utmoit credit with the public. Under O F J U N I U S. ito Under the mod arbitrary governments, the common adminiftration of juftice is fufTered to take its courfe. The fubjer, though robbed of his fnare in the legiflature, is dill protected by the laws. The political freedom of the Englifli con- ftitution was once the pride and honour of an Englifnman. The civil equality of the laws pre- ferved the property, and defended the fafety, of the fubjeft. Are thefe 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 fpirit of refinance in the hearts of my countrymen , that they value life, not by its con- veniences, but by the independence and dignity of their condition ; I fhould, at this moment, ap- peal only to their difcretion. I fhould perfuade them to banifh from their minds all memory of what we were ; I fhould tell them this is not a time to remember that we were Engliihmen ; and give it as my lad advice, to make fome early- agreement with the minifter, that, fmce it has pleafed him to rob us of thofe political rights which once diftinguifhed the inhabitants of a coun- try where honour was happinefs, he would leave us at lead the humble obedient fecurity of citi- zens, and gracioufly condefcend to protect us In eur fubmiffion. J U N I U S, LETTER XXXI. TO THE PRINTER OF THE PUBLIC AD VERTISER, SIR, Nov. 14. 1769, r ~T 1 HE variety of remarks which have been made * upon the lad letter of Junius, and my own opinion of the writer, who, whatever may be his faults, is certainly not a weak man, have induced me to examine, with fome attention, the fubjeft of that letter. I could not perfuade myfelf, that, O 3 Ufa LETTERS while he had plenty of important materials, he would have taken up a light or trifling occafion to attack the miniftry ; much lefs could I conceive that it was his intention to ruin the officers con- cerned in the refcue of General Ganfel, or to in- jure the General himfelf. Thefe are little ob- jels, and can no way contribute to the great pur- pofes he feems to have in view by addreffing him- ielf to the public. Without confidering the or- namented ftyle he has adopted, I determined to look farther into the matter, before I decided up- on the merits of his letter. The firft ftep I took was to inquire into the truth of the fals ; for if thefe were either falfe or rnifreprefented, the moft artful exertion of his underftanding, in reafoning upon them, would only be a difgrace to him. Now, Sir, I have found every circumftance ftated by Junius to be literally true. General Ganfel per- fuaded the bailiff's to conduct him to the parade, and certainly folicited a corporal and other foldiers to aflift him in making his efcape. Captain Dodd did certainly apply to Captain Garth for the aflift. ance of his guard. Captain Garth declined ap- pearing himfelf j but ftood aloof, while the other took upon him to order out the King's guard, and by main force refcued the General. It is alfo ftrictly true, that the General was efcorted by a file of mufqueteers to a place of fecurity. Thefe are fals, Mr Woodfall, which I promife you na gentleman in the guards will deny. If all or any of them are falfe, why are they not contradicted by fhe parties themfelves? However fecure againft military cenfure, they have yet a character to lofe ; and furely, if they are innocent, it is not beneath them to pay fome attention to the opinion of the public. The force of Junius's obfervations upon thefe fals cannot be better marked, than by dating and refuting the objections which have been made to OF J U N I U S. tf$ to them. One writer fays, " Admitting the of-- *' ficers have offended, they are punifhable at com- " mon law, and will you have a Britifh fubjedV " punifhed twice for the fame offence ?" I an- fwer, that they have committed two offences, both- very enormous, and violated two laws. The ref- cue is one offence, the flagrant breach of difcipline another; and hitherto it does not appear that they have been punifhed, or even cenfured, for either. Another gentleman lays much ftrefs upon the ca- lamity of the cafe ; and inftead of difproving fafts, appeals at once to the compaffion of the public. This idea, as well as the infinuation that depriving the parties of their ccmmlffions "would be an injury to their creditors) can only refer to General Gan- fel. The other officers are in no diftrefs, there- fore have no claim to compaffion ; nor doe9 it appear, that their creditors, if they have any, are more likely to be fatisfied by their continuing in the guards. But this fort of plea will not hold in any fhape. Compaffion to an offender, who has grofsly violated the laws, rs in effect a cruelty to the peaceable fubjec~r. who has obferved them ; and, even admitting the force of any alleviating circumftances, it is neverthelefs true, that, in this inftance, the royal compaffion has interpofed too foon. The legal and proper mercy of a King of England may remit the punifhment, but ought not to (lop the trial. Befides thefe particular objections, there haa been a cry raifed againft Jitnius for his malice and injuftice in attacking the miniftry upon an event which they could neither hinder nor forefee. This, I muft affirm, is a falfe reprefentation of his ar- gument. He lays no ftrefs upon the event itfelf as a ground of accufation againft the miniftry, but dwells entirely upon their fubfequent conduct. He does not fay that they are anfwerable for the offence ; but for the fcandalous negleft of their duty, r<5 4 LETTER S duty, in differing an offence, fo flagrant, to pafs by without notice or inquiry. Suppoiing them ever fo regardlefs of what they owe to the public, and as indifferent about the opinion as they are about the interefts of their country, what anfwer, as officers of the crown, will they give to Jnnius t when he afks them, Are they r.-warc of the outrage offered to their Sovereign, up ly main force the execution oj his lauts f And when we fee a miniftry giving fuch a ftrange unaccountable protection to the offi- cers of the guards, is it unfair to fufpecl, that they have feme fecret and unwarrantable motives for their conducl ? If thc-y feel themfelves injured by fuch a fufpicion, why do they not immediately clear themfelves from it, by doing their duty ? For the honour of the guards, I cannot help exprefiing another fufpicion, that, if the commanding officer had not ^received a fecret injunction to the con- trary, he would, in the ordinary courfe of his bufi- nefs, have applied for a court-martial to try the t\vo fubalterns ; the one for quitting his guard - t . the other for taking upon him the command of the guard, and employing it in the manner he did. I do not mean to enter into or defend phe feverity with which Juniu? treats the guards. On the con- trary, I will fuppofe, for a moment, that they de- ferve a very different character. If this be true,, in what light will they confider the conduct of Uvo fubaltems, but as a general reproach and difgrace to the whole corps? And wiii they not wi(h to fee them cenfured in a military way, if it were only for the credit and difcipline of the regiment ? Upon the whole, Sir, the miniilry feem to me to have taken a very improper advantage of the good-nature of the public, whofe humanity, they found, confidered nothing in this affair, but the diftrefs of General Ganfel. They would perfuade us, that it was only a common refcue by a few dif- Orderlv OF J U N I U S. 165 Orderly foldiers, and not the formal deliberate ac"fc 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 facls, and for the juft commentary with which 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 refpecl to the guards, is of a moft important nature, and alarming enough (confidering the confequences with which it may be attended) to deferve a parliamentary inquiry : when the guards are daring enough, not only to violate their own difcipline, but publicly and with the moft atrocious violence to flop the execution of the laws, and when fuch extraordinary offences pafs with impunity, believe me, Sir, the precedent ftrikes deep. P H I L O J U N I U S. LETTER XXXII. TO THE PRINTER OF THE PUBLIC ADVER- TISER. SIR, Nov. 15. 1769* T ADMIT the claim of a gentleman who publishes * in the Gazetteer under the name of Modeftus. He has fome right to expect an anfwer from me ; though, I think, not fo much from the merit or importance of his obje&ions, as from my own vo- luntary engagement. I had a reafon for not taking notice of him fooner, which, as he is a candid per- fon, I believe he will think fuiHcient. In my firft letter, I took for granted, from the time which had elapfed, that there was no intention to cenfure, nor even to try, the perfons concerned in the refcue of General Ganfel ; but Modeftus having fince ei- ther affirmed, or ftrongly iniinuated, that the of- fenderfr 1 66 LETTERS. fenders might ft ill be brought to a legal trial, any attempt to prejudge the caufe, or to prejudice the minds of a jury or a court-martial, would be highly improper. A man, more hoftile to the mini (try than I am, would not fo often remind them of their duty. If the Duke of Grafton will not perform the duty of his ftation, why is he minifter ? I will not de- fcend to a fcurrilous altercation with any man ; but this is a fubjedl too important to be paffed over with filent indifference. If the gentlemen, whofe conduct is in queftion, are not brought to a trial,, the Duke of Grafton fhall hear from me again. The motives on which I am fuppofed to have taken up this caufe, are of little importance, com- pared with the fadls themfelves, and the obferva- tions I have made upon them. Without a vaiiv profeffion of integrity, which in thefe times might juftly be fufpecled, I fhall fhow myfelf in etrec~l a friend to the interefts of my countrymen, and leave it to them to determine, whether I am moved by a perfonal malevolence to thiee private f[entlemen, cr merely by a hope of perplexing the miniiby ; or whether I am animated by a juft and honourable purpofe of obtaining a fatisfaclion' to the laws of this country, equal, if poffible, to the violation they have fuffered. JUN1U& LETTER XXXIII. TO HIS GRACE THE DUKE OF GRAFTON. MY LORD) Nov. 29. ""THOUGH my opinion of your Grace's integrity * was but little affected by the coynefs with which you received Mr Vaughan's propofals, I eonfefs I give you fome credit for your difcretion. You had a fair opportunity of difplaying a certain delicacy, of which you had not been fufpedled ; and O F J U N I U S. 167 and you were in the right to make ufe of it. By laying in a. moderate (lock of reputation, you un- doubtedly meant to provide for the future necefli- ties of your charafter, that, with an honourable Tefiftance upon record, you may fafely indulge your genius, and yield to a favourite inclination with fecurity. But you have difcovered your purpofes .too foon; and, inftead of the modeft refe.rve of virtue, have fhown us the termagant chaftity of 3 prude, who gratifies her paflions with diftindion, and profecutes one lover for a rape, while .(he fo- licits the lewd. embraces of anothen Your cheek -turns pale.; for a guilty confcience tells you, you are undone. Come forward, thou virtuous minifter, and, tell the world by what in- tereft Mr Hine has been recommended to fo extra- ordinary a. mark of his Majefty's favour; what was the price of the patent he Jias bought, and to what honourable purpofe the purcha-fe- money has been applied. Nothing. lefs than many thoufands could pay Colonel Burgoyne's expences at Prefton. Do you dare to profecute fuch a creature as Vaughan, .while you are bafely fetting up the Royal Patron- age to auction ? Do you dare to complain of an attack upon your ov/n.honour, while you are fell- ing the favours of the Crown, to raife a fund for corrupting the morals of the people ? And, do you think it is pofijble fuch enormities fhould efcape without impeachment ? It is indeed .highly your intereft to maintain the prefent houfe of com- mons. Having fold the nation to you in grofs, they will undoubtedly protect you in the detail ; for while they patronize your crimes, they feel for ithdrown. ^ JUNIUS. LET- 168 LETTERS LETTER XXXIV. TO HIS GRACE THE DUKE OF GRAFTON. MY LORD, DEC. 12. 1769. I FIND with fome furprife, that you are not fup- ported as you deferve. Your mod determined advocates have fcruples about them, which you are unacquainted with ; and though there be no- thing too hazardous for your Grace to engage in, there are fome things too infamous for the vileft proftitute of a newfpaper to defend *. In what other manner fhall we account for the profound, fubmifiive filence, which you and your friends have obferved upon a charge, which called immediately for the cleared refutation, and would have judi- fied the fevered meafures of refentment ? I did not attempt to blad your character by an indirect:, ambiguous infinuation; but candidly dated to you a plain fact, which druck directly at the integrity of a privy-counfellor, of a firft commiffioner of the treafury, and of a leading minifter, who is fuppofed to enjoy the firft (hare in his Majedy's confidence f. In every one of thefe capacities, I employed the mod moderate terms to charge you with treachery to your Sovereign, and breach of trud in your of- fice. I accufed you of having fold a patent place in the collection of the cudoms at Exeter, to one Mr Hine, who, unable or unwilling to depofit the whole purchafe-monty himfelf, raifed part of it by contribution, and has now a certain Doctor Brooke quartered upon the falary for one hundred pounds a-year. No fale by the candle was ever conducted with greater formality. 1 affirm, that the price at which Firm the publication of the preceding to this date, rot one word was faid in defence of (he :nfamous duke of Grafton. Kut vice and impudence foot) recovered ihcmfclvcs, and the fale of the royal favour was openly avowed and delendfd We acknowledge the piety of Sf James's; hut what is become of bis moiality ? f And by the fame means prcftrves it to this hour. O F J U N I U S. i6 9 which tbe place was knocked down (and which, I have good reafon to think', was not lefs than three thoufand five hundred pounds) was, xvith your connivance and confent, paid to Colonel Burgoyne, to reward him, I prefume, for the decencyof his deportment at Prefton; or to reimburfe him, per- haps, for the fine of one thoufand pounds, which, for that very deportment, the court of King's Bench thought proper to fet upon him: It is not often that the chief juftice and the prime minifter are fo ftrangely at variance in their opinions of men and things. I thank God, there isnotin human naturea degree of impudence daring enough to deny the charge I have fixed upon you. Your courteous fecretary *, your confidential architect f, are filent as the grave. Even Mr Rigby's countenance fails him. He vio- lates his fecond nature, and blufhes whenever he fpeaks of you. Perhaps the noble colonel himfelf will relieve you. No man is more tender of his re- putation. He is not only nice, but perfectly fore in every thing that touches his honour. If anjr Rian, for example, were to accufe him of taking h>s (land at a gaming table, and watching, with the fobereft attention, for a fair opportunity of engaging a drunken young nobleman at piquet, he would undoubtedly confider it ns an infamous af- perfion upon his character, and refent it like a man of honour. Acquitting him therefore of drawing a regular and fplendid fubfnlence from any unworthy practices either in 'his own houfe or elfewhere, let me aft your Grace, for what military merits you have been pkafed to reward him with military government? He had a regi- ment of dragoons, which one would imagine was at lealt an equivalent for any fervices he ever per- formed. Befides, he is but a young officer confi- * Tomrry Bradfliaw. lls "'' - f Mr Jaylor. He and Geor pe Roft Q } , C g , j. . VUT y a i.Mtr.t ct Lord Maiufi'eld) maragcd (he bufiiuS. i;o LETTERS dering his preferment, and, except in his activity at Prellon, not very confpicuous in his profeffion. But it feems the fale of a civil employment was not fufficient ; and military governments, which were intended for the fupport of worn-out veterans, muft be thrown into the fcale, to defray the ex- tenfive bribery of a contefted election. Are thefe the fteps you take to fecure to your Sovereign the attachment of his army ? With what countenance dare you appear in the royal prefence, branded as you are with the infamy of a notorious breach of truft ? With what countenance can you take your feat at the treafury-board or in council, when you feel that every circulating whifper is at your expence alone, and (labs you to the heart ? Have you a tingle friend in parliament fo (hamelefs, fo thoroughly abandoned, as to undertake your de- fence ? You know, my Lord, that there is not a man in either houfe, whofe character, however flagi- tious, would not be ruined by mixing his reputation with yours ; and does not your heart inform you, that you are degraded below the condition of a man, when you are obliged to hear thefe infults with fubmiffion, and even to thank me for my mode- ration ? We are told, by the higheft judicial authority, that Mr Vaughan's offer to purchafe the reverfion of apatent place injamaica(which hewas otherwife fufficiently inthled to) amounted to a high mifdc- meanour. Be it fo ; and if he deferves it, let him be punifhed. But the learned judge might have had a fairer opportunity of difplaying the powers of his eloquence. Having delivered himfelf with fo much energy upon the criminal nature and dangerous confequences of any attempt to corrupt a man in your Grace's ftation, what would he have faid to the minifter himfelf, to that very privy counfellor, to that firft commimoner of the treafury, who does not wait for, but impatiently folicits the touch of corruption ; O F J U N I U S. 171 corruption; who employs the meaneft of his crea- tures in thefe honourable fervices, and, forgetting the genius and fidelity of his fecretary, descends to apply to his houfe-builder for affiftance ? This affair, my Lord, will do infinite credit to government, if, to clear your chara&er, you fhouid think proper to bring it into the houfe of Lords, or into the court of King's Bench. But, my Lord, you dare not do either. J UN I US. A little before the publication of this and the preceding letter, the chads Duke ojf Grafton had commenced a pcrfecution againfr. Mr Samuel Vaughan, for endeavouring to corrupt his integrity by an offer of five thoufand pounds for a patent place in Jamaica. A rule to (how caufe why an information fhouid not be exhibited again (I Vaughan for certain misdemeanours being granted by the Court of King's Bench, the matter was folcmnly argued on the 27th. of November 1769, anil, by the unanimous opinion of the four judge?, the rule was made abfoluce. The pleadings and Speeches were accuiarely taken in (hort-hand, and published. The whole of Lord Mansfield's fpeech, and particularly the following extracts front it, defcrve the reader's attention. " A praOice of the kind 1 complained of here is certainly dishonourable and Scandalous. ' If a man, (landing under the relation of au officer under the Kingj ' or of a pcrfon in whom the King puts confidence, or of a mini- ' fter, takes money for the ufe of that confidence the King puts in ' him, he baSely betrays the King, he bafely betrays his truth ' If the King fold the office, it would be acting contrary to ' the truft the conflitution hath repofed in him. The constitution ' does not intend the crown fhouid Sell thofe offices, toraiSearevenuc out of them. Is it pofllble to hefiute, whether this would not ' bfl criminal in the Duke of Grafton contrary to his duty as 1 a privy counSelJor contrary to his duty as a minifter ' contrary to his duty as a fubjcft ? His advice fhouid be free ' according to his judgment It is the duty of his office ; * he hath Sworn to it." Notwithftanding all this, the chafle Duke of Grafton certainly fold a patent place to Mr Hine for three thouSand five hundred pounds; and, for So doing, is now Lord Privy Seal to the chafte George, with whoSe piety we are perpetually deafened. If the houSe of commons had done their duty, and im- peached the black Duke for this mod infamous breach of truft, how wofully mufl poor, honeft Mansfield have been puzzled ! His eoi- barralTmeiu would have afforded the moft ridiculous Scene that evei' was exhibited. To fave the worthy judge from this perplexity, and the no lefs worthy Duke from impeachment, the profecutioa againft Vaugban was immediately dropped upon my difcovery and publication of the Duke's treachery. The Suffering this charge to pafs, without any inquiry, fixes fhamelefs prostitution upon the face of the houfe of commons, more Strongly than even the MiddleSex eleclion. Yet the licentiouSneSs of the prefs is complained of! P 2 LET- J72 LETTERS LETTER XXXV. TO THE PRINTER OF THE PUBLIC ADVER- TISER. DEC. 19. 1769. When the complaints of a brave and powerful peo- ple are obfcrved to increafe in proportion to the wrongs they have fuffered ; when, inftead of finking into fubmiffion, they are roufed to re- fiflance ; the time will foon arrive at which every inferior confideration mud yield to the fecurity of the Sovereign, and to the general fafety of the flate. There is a moment of difficulty and danger, at which flattery and falfehood can no longer deceive, and fimplicity itfelf can no longer be milled. Let us fuppofe it arrived. Let us fuppofe a gracious, well-intentioned prince, made fenfible at laft of the great duty he owes to his people, and of his own difgraceful fitua- tion , that he looks round him for aflTiftance, and afks for no advice but how to gratify the wifhes and fecure the happinefs of his fubjedls. In thefe circumftances, it may be matter of cu- rious SPECULATION to confider, if an honeft man were permitted to approach a King,- in what terms he would addrefs himfelf to his So- vereign. Let it be imagined, no matter how improbable, that the ririt prejudice againft his character is removed, that the ceremonious dif- ficulties of an audience are furmounted, that he feels himfelf animated by the pureft and molt honourable affection to his King and country, and that the great perfon whom he addrefles has fpirit enough to bid him fpeak freely, and underftanding enough to liften to him with at- tention. Unacquainted with the vain imperti- nence of forms, he would deliver his fentiments vith dignity and firmuefs, but net without rc- fpeft. SIR, O F J U N I U S. 173 S I R, IT is the misfortune of your life, and originally the caufe of every reproach and diftrefs which has attended your government, that you fhould never have been acquainted with the language of truth, until you heard it in the complaints of your people. It is not, however, too late to corredl the error of your education. We are ftill inclined to make an indulgent allowance for the pernicious leflbns you received in your youth, and to form the molt fanguine hopes from the natural benevo- lence of your difpofition *. We are far from think- ing you capable of a direct, deliberate purpofe to invade thofe original rights of your fubje6ts, on which all their civil and political liberties depend. Had it been poilible for us to entertain a fufpicion fo difhonourable to your character, -we fhould long fmce have adopted ?. ftyle of remonftrance very diftant from the humility of complaint. The doc- trine inculcated by our laws, That the King can da no wrong, is admitted without reluctance. We P 3 feparate * The plan of tutelage and future dominion over the heir-appa- rent, laid many years ago at Carlton-houie between the Princefc Do-.vager and her favourite the Earl of Bute, was as grofs and pal- ; .ale, as that which was concerted between Anne ot Auftria and (Jardiml Mazarin to govern Lewis the Fourteenth, and in effect to prolong his minority nir.il the end of their lives. That princs had flroiig natural parts, and ufed frequently to blufli for his own ignorance and want of education, which had been wilfully neglected, Ly his mother and her minion. A little experience however foon ihowed him how fhamefully lie had been treated, and for svhat in- f-'mous pui'pofes he had been kept in ignorance. Our great Edward too, at an early period, had fer.fe enough to underfland the nature < f i he connexion between his abandoned mother and the deteftej Mortimer. Cut, fi'nce that time, human nature, we may obferve, .'., greatly altered for the better. Dowagers may be chal'te, and mi- nions may be honed. When it was propofed to fettle the prefect King's houfehold as Prince of Wales, it is wc.ll known that the Earl of Bute was forced into it, in direft contradiction to the late King's inclination. That was the falient point, from which all the mifchiefs and difgraces of the prefent reign took life and motion.- From that moment, Lord Bute never fuffored the Prince of WaUs to be au inflant out of his fight. We need not took farther. r?4 LETTERS feparate the amiable, good-natured prince from the folly and treachery of his fervants, and the private virtues of the man from the vices of his government. Were it not for this juft diftinftion, I know not whether your Majefty's condition, or that of the Englifh nation, would deferve moft to be lamented. I would prepare your mind for a favourable reception of truth, by removing every painful, offenfive idea of perfonal reproach. Your fubje&s, Sir, wifh for nothing but that, as they are reafonable and affectionate enough to feparate your perfon from your government, fo you, in your turn,fhould diftinguifli between the conduct: which becomes the permanent dignity of a King, and that which ferves only to promote the temporary intereft and miferable ambition of a minifter. You afcended the throne with a declared, and, I doubt not, a fincere refolution of giving univerfal fatisfattion to your fubjecls. You fpund them pleafed with the novelty of a young prince, whofe countenance promifed even more than his words ; and loyal to you, not only from principle, but paf- fion. It was not a cold profeffion of allegiance to the firft magiftrate; but a partial, animated attach- ment to a favourite prince, the native of their country. They did not wait to examine your con- duel, nor to be determined by experience ; but gave you a generous credit for the future bleflings of your reign, and paid you in advance the deareft tribute of their affections. Such, Sir, was once the -difpofition of a people, who now furround your throne with reproaches and complaints. Do juftice to yourfelf. Banifh from your mind thofe unworthy opinions, with which fome interefted perfons have laboured to pofTefs you. Diflruft the men who tell you that the Englifh are naturally light and inconftant that they complain without a caufe. Withdraw your confidence equally from all parties j from rninifters, favourites, and rela- tions OF J U N I U S. 175 Hons; and let there be one moment in your life, in which you have confulted your own underftanding. When you affectedly renounced the name of Englilhman, believe me, Sir, you were perfuaded to pay a very ill-judged compliment to one part of your fubjects, at the expence of another. While the natives of Scotland are not in aclual rebellion, they are undoubtedly intitled to protection ; nor do I mean to condemn the policy of giving fome encouragement to the novelty of their affeclions for the houfe of Hanover. I am ready to hope for every thing from their new-born zeal, and from the future fteadinefs of their allegiance. But hitherto they have no claim to your favour. To honour them with a determined predilection and confidence, in exclufion of your Englifh fubjec~ls, who placed your family, and in fpite of treachery and rebellion have fupported it upon the throne, is a miftake too grofs even for the unfufpe&ing generofity of youth. In this error we fee a capital violation of the mod obvious rules of policy and prudence. We trace it, however, to an original bias in your education, and are ready to allow for your inexperience. To the fame early influence we attribute it, that you have defcended to take a (hare not only in the narrow views and interefts of particular perfons, but in the fatal malignity of their paflions. At your acceffion to the throne, the whole fyftem of government was altered, not from wifdom or de- liberation, but becaufe it had been adopted by your predeceflbr. A little perfonal motive of pique and refentment was fufficient to remove the ableft fer- vants of the crown * j but it is not in this country, Sir, that fuch men can be dimonoured by the frowns of a King. They were difmifled, but could not * One of the fii ft adls of the prefent reign was to difmifs Mr Legge, becaufe he had fome years before refufed to yield his in- terelt in Hampfhire to a Scotchman recommended by Lord Bute. This was the reafon publicly alCgned by his Lordihip. jytf LET T E R 3' riot be difgraced. Without entering into a mi- nuter difcuflion of the merits of the peace, we may obferve, hi the imprudent hurry with which the firft overtures from France Were accepted, hi the conduct of the negotiation and terms of the treaty, the ftrongeft marks of that precipitate fpirit of conceflion with which a certain part of your fubjedts have been at all times ready to purchafe a S:ace with the natural enemies cf this country, n your part we are fatisfied that every thing was honourable and Gneere ; and if England was fold to France, we -' hat fUCh a refolu " on w ld be as imprudent as it would be odious. If ;, d M not immediately ftake your eftabliftment, it W0 u d rob you of your peace of mind for ever On the other, how different is the profpeft I give them an opportunky of recalling a tfufl which they find has been fcandaloufly abufed. You are not to be told that the power off the houfe of com! 7' K nginal , ut e e ated to th ^ ^r the of the people, from whom they received it. OF J U N I U S. 185 it. A queftion of right arifes between the con ft I* tuent and the reprefentative body. By what au- thority fhall it be decided ? Will your Majefty in- terfere in a queftion in which you have properly no immediate concern. It would be a ftep equally odious and unneceflary. Shall the lords be called upon to determine the rights and privileges of the commons ? They cannot do it without a flagrant breach of the conttitution. Or will you refer it to the judges? They have often told your anceftors, that the law of parliament is above them. What part then remains, but to leave it to the people to determine for themfelves ? They alone are in- jured j and fince there is no fuperior power to which the caufe can be referred, they alone ought to determine. 1 do not mean to perplex you with a tedious ar- gument upon a fubjel already fo difcuiTed, that infpiration could hardly throw a new light upon it. There are, however, two points of view in which it particularly imports your Majefty to confider the late proceedings of the houfe of commons. By depriving a fubjedl of his birthright, they have attributed to their own vote an authority equal to an acl of the whole legiflaturej and, tho' perhaps not with the fame motives, have ftrictly followed the example of the long parliament, which firft declared the regal office ufelefs, and foon after with as little ceremony diflblved the houfe of lords. The fame- pretended power, which robs anEnglifh fubjel of his birth-right, may rob an Englifh King of his crown. In another view, the refolution of the houfe of commons, apparently not fo dangerous to your Maj-efty, is ftill more alarming to your people. Not contented with divefting one man of his right, they have arbitrarily^conveyed that right to another. They have fet afide a return as illegal, without daring to cenfure thofe officers, who were particularly apprifed of Mr Wilkes/s incapacity, not 186 L E T T E R S not only by the declaration of the houfe, bat ex- prefsly by the writ directed to them, and who ne- verthelefs returned him as duly eledled. They have reje&ed the majority of votes, the only cri- teriori by which our laws judge of the fenfe of the people ; they have transferred the right of election from the colle&ive to the reprefentative body; and by thefe acts, taken feparately or together, they have eflentially altered the constitution of the houfe of commons. Verfed, as your Majefty un- doubtedly is, in the Englifh hiftory, it cannot eafily cfcape you, how much it is your intereft, as well your duty, to prevent one of the three eftates from encroaching upon the province of the other two, or afTuming the authority of them all. When once they have departed from the great conftitu- tiohal line, by which all their proceedings fliould be directed, who will anfwer for their future mo- deration ? Or what afiurance will they give you, that, when they have trampled upon their equals, they will fubmit to a fuperior ? Your Majefty may learn hereafter, how nearly the flave and tyrant are allied. Some of your council, more candid than the reft, admit the abandoned profligacy of the prefent houfe of commons, but oppofe their diflblution upon an opinion, I confefs, not very unwarrantable, that their fucceffbrs would be equally at the difpofal cf the treafury. I cannot perfuade myfelf that tha nation will have profited fo little by experience. But if that opinion were well founded, you might then gratify ourwifhes at an eafy rate, and appeafe the prefent clamour againft your government, with- out ottering any material injury to the favourite caufe of corruption. You have ftill an honourable part to al. The affections of your fubjedts may Hill be recovered. But before you fubdue their hearts, you muft gain a noble victory over your own. Difcard thofe little, perfona! O F J U N I U S. 187 perfonal refentments, which have too long directed your public conduct. Pardon this man the re- mainder of his punifhment; and if refentment ftill prevails, make it, what it fhould have been long fmce, an act, not of mercy, but of contempt. He will foon fall back into his natural ttation, a fi- lent fenator, and hardly fupporting the weekly elo- quence of a newfpaper. The gentle breath of peace would leave him on the furface, neglected and unremoved. It is only the tempeft that lifts him from his place. Without confuhing your'minifter, call together your whole council. Let it appear to the public, that you can determine and act for yourfelf. Come forward to your people. Lay afide the wretched formalities of a King ; and fpeak to your fubjects with the fpirit of a man, and in the language of a gentleman. Tell them you have been fatally de- ceived. The acknowledgement will be nodifgrace, but rather an honour, to your underftanding. Tell them you are determined to remove every caufe of complaint againft your government; that you will give your confidence to no man, who does not pof- fefs the confidence of your fubjefts ; and leave it to themfelves to determine, by their conduct at a future election, whether or no it be in reality the general fenfe of the nation, that their rights have been arbitrarily invaded by the prefent houfe of commons, and the conftitution betrayed. They will then do juftice to their reprefentatives and to themfelves. Thefe fentiments, Sir, and the ftyle they are conveyed in, may be offenfive, perhaps, becaufe they are new to you. Accuftomed to the language of courtiers, you meafure their affections by the vehemence of their expreflions ; and when they only praife you indirectly, you admire their fince- rity. Bui this is not a time to trifle with your for- tune. They deceive you, Sir, who tell you that you t88 LETTERS you have many friends whofe affeclions are found- ed upon a principle of perfonal attachment. The rtt foundation of fritndfliip is not the power of conferring benefits, but the equality with which they are received and may be returned. The for tune, which made you a King, forbad you to have a friend. It is a law O f aa ture which cannof be violated with impunity. The miflaken prince, who looks for fneridmip, will find a favouriie, and m^that favourite the ruin of his affairs. The people of England are loyal to the houfe of Hanover, not from a vain preference of one family to another, but from a conviction that the efta- bhihment of that family was neceffary to the fup- port of their civil and religious liberties. This Sir, is a principle of allegiance equally folid and rational ; fit for Englishmen to adopt, and well worthy of your Majefty's encouragement. We cannot long be deluded by nominal diftinaions. The name of Stuart, of itfelf is only contemptible j armed with the Sovereign authority, their prin- ciples are formidable. The Prince, who imitates their conduft, mould be warned by their example and, while he plumes himfelf upon the fecurity of his title to th,> crown, ihould remember, that, as it was acquired by one revolution, it may be loft by another. J U N I U S. LETTER XXXVI. TO HIS GRACE THE DUKE OF GRAFTON. MY LOK0, FEB. 14. 1770, TF I were perfonally your enemy, I might pity and forgive you. You have every claim co compaf- fion, that can arife from mifery and diftrefc. The condition you are reduced to would difarm a pri- vate enemy of his refentment, and leave no confo- lation to the mod vindictive fpirit, but that fuch OF J U N I U S. iScp an object as you are would difgrace the dignity of revenge. But in the relation you have borne to this country, you have no title to indulgence ; and if I had followed the dictates of my own opinion, I never fhould have allowed you the refpite of a momejj/t. In your public chafa&er, you have in- jured every fubjet of the empire ; and though an individual is not authorifed to forgive the injuries done to fociety, he is called upon to aflert his fe- parate (hare in the public refentment. I fubmit- ted however to the judgment of men, more mode- rate, perhaps more candid, than myfelf. For my own part, 1 do not pretend to underiland thofe prudent forms of decorum, thofe gentle rules of difcretion, which fome men endeavour to unite with the conduct of the greateft and mod hazar- dous affairs. Engaged in the defence of an ho- nourable caufe, I would take a decifive part. I ihould fcorn to provide for a future retreat, or to keep terms with a man who prcferves no meafures with the public. Neither the abjedl fubiuiffion of deferring his pod in the hour of danger, nor even the * (acred fhield of cowardice, fliould protect him. I would purfue him through life, and try the lad exertion of my abilities to preferve the perifii- able infamy of his name, and make it immortal. What then, my Lord, is this the event of all the facrifices you have made to Lord Bute's patronage, and to your own unfortunate ambition ? Was it for this you abandoned your earlieft friencHhips, the warmed connections of your youth, and all thofe honourable engagements, by which you once folicited, and might have acquired, the edeem of your country ? Have you lecured no recompence for fuch a wade of honour? Unhappy man! what party will receive the common deferter of all par- ties? Without a client to flatter, without a friend to pLnet-ftruck. Sacra ircmuetc timore. Every coward pretends to b ipo LETTERS to confole you, and with only one companion from the honeft houfe of Bloomfbury, you mud now retire into a dreadful folitude. At the mod ac- tive period of lift:, you mud quit the bufy fcene, and conceal yourfelf from the world, if you would hope to fave the wretched remains of a ruined re- putation. The vices operate like age, bring on ; difeafe before its time, and in thr prime of youth j leave the character broken and exhaulled. Yet your conduct has been myfterious, as well ss contemptible. Where is now that firmnefs, or obftitucy, fo long beaded of by your friends, and ; acknowledged by your enemies ? We were taught to expet, that you would not leave the ruin of this country to be completed by other hands, but were determined either to gain a decifive viclory over the conftitution, or to perifh bravely at lead: behind the laft dike of the prerogative. You knew the danger, and might have been provided Wf ft. You took fufficient time to prepare for a meeting with your parliament, to confirm the mercenary fidelity of your dependants, and to fugged to your Sovereign a language fuited to his dignity at lead, if not to his benevolence and wifdom. Yet, while the whole kingdom was agitated with anxious ex- pectation upon one great point, you meanly evaded the quedion, and, inftead of the explicit firmnefs and dedfion of a King, gave us nothing but _the mifery of a ruined * grazier, and the whining piety of a Methodilt. We had reafon to expeft, that notice would have been taken of the petitions which the King had received from the Englifh na- tion ; and although I can conceive' fome perfonal motives for not yielding to them, I can find none, in common prudence or decency, for treating them with contempt. Be allured, my Lord, the Englifh people will not tamely fubmit to this unworthy treatment: " There was fomething worxlerful'y pathetic in the mention of the horned cattle. O F J U N I U S. 191 treatment : they had a right to be heard ; and their petitions, if not granted, deferved to be con- fidered. Whatever be the real views and dodrine of a court, the Sovereign fliould be taught to pre- ferve fome forms of" attention to his fubjecls ; and, if he will not redrefs their grievances, not to make them a topic of jeft and mockery among lords and ladies of the bedchamber. Injuries may be atoned for, and forgiven ; but infults admit of no com- penfation. They degrade the -mind in its own efteem, and force it to recover its level by revenge. This neglect of the petitions was however a part of your original plan of government ; nor will any confequences it has produced account for your de- ferring your Sovereign, in the midft of that di- flrefs in which you and your * new friends had involved him. One would think, my Lord, you might have taken this fpirited refolution before you had difiblved the laft of thofe early connec- tions, which once, even in your own opinion, did ho- nour to your youth ; before you had obliged Lord Granby to quit a fervice he was attached to; before you had difcarded one chancellor, and killed another. To what an abject condition have you laboured to reduce the beft of princes, when the unhappy man, who yields at lad to fuch perfotral inftance and felicitation as never can be fairly em- ployed againft a fubject, feels himfelf degraded by Lib compliance, and is unable to furvive the dif- graceful honours, which his gracious Sovereign had compelled him to accept. He was a man of fpi- rit, for he had a quick fenfe of fhame, and death has redeemed his character. I know your Grace too well to appeal to your feelings upon this e- vcnt ; but there is another heart not yet, I hope, quite callous to the touch of humanity, to which it ought to be a dreadful leflbn for ever |. Now, * The Bedford party. f The aiofl fccrct particulars of this di'.dlable tranfaftion (hall, iyz LETTERS Now, my Lord, let us confider the fituation to which you have conduded, and in which you have thought it advifeable to abandon, your royal matter. Whenever the people have complained, and no- thing better could be faid in defence of the mea- fures of government, it has been the fafhion to anfwer us, though not very fairly, with an appeal to the private virtues of your Sovereign. Has " he not, to relieve the people, furrendered a " confiderable part of his revenue ? Has he not " made the judges independent, by fixing them " in their places for life ?" My Lord, we acknow- ledge the gracious principle which gave birth to thefe conceffions, and have nothing to regret hut that it has never been adhered to. At the end of feven years, we are loaded with a debt of above five hundred thoufand pounds upon the civil lift; and we now fee the Chancellor of Great Britain tyrannically forced out of his office, not for want of abilities, not for want of integrity, or of atten- tion to his duty, but for delivering his honeft opi- nion in parliament, upon the greateft conftitu- tional queftion that has arifen fince the revolu- tion. We care not to whofe private virtues you nppeal : the theory of fuch a government is falfe- hood and mockery ; the practice is opprefTion. You have laboured then (though I confefs to no purpofe) to rob your mafter of the only plaufible anfwer that ever was given in defence of his go- vernment, -of the opinion which the people had conceived of his perfonal honour and integrity. The Duke of Bedford was more moderate than your Grace. He only forced his mafter to violate a folemn promife made to an individual *. But you, my Lord, have fuccefsfully extended your ad- vice to every political, every moral engagement, 1 that in due time, he given to the public. The people dull know what *md of nnn they have to deal with. * Mr Stuart Mackenzie. O F J U N I U S. 193 that could bind either the magi (Ira re or the man. The condition of a King is often miferable, but it required your Grace's abilities to make it con- temptible. You will fay perhaps, that the faithful fervants, in whofe hands you have left him, arc able to retrieve his honour, and to fupport his go- vernment. You have publicly declared, even fince your refignation, that you approved of their rnea- fures, and admired their conduct, particularly that of the Earl of Sandwich. What a pity it is, that, with all this appearance, you fhould think it ne- ceffary to feparate yourfelf from fuch amiable com- panions ! You forget, my .Lord, that while you are lavifh in the praife of men whom you defert, you are publicly oppofing your conduct to your opinions, and depriving yourfelf of the only plau- iible pretence you had for leaving your Sovereign overwhelmed with diftrefs : I call it plaufible; for, in truth, there is no reafon whatfoever, lefs than the frowns of your mafter, that could juflify a man of fpirit for abandoning his poft at a moment fo critical and important. It is in vain to evade the queftion. If you will not fpeak out, the pub- lic have a right to judge from appearances. We are authorifed to conclude, that you either differ- ed from your colleagues, whofe meafures you ftili affet to defend, or that you thought the admini- ftration of the King's affairs no longer tenible. You are at liberty to choofe between the hypocrite and the coward. Your beft friends are in doubt which way they (hall incline. Your country u- nites the characters, and gives you credit for them both. For my own part, I fee nothing inconfift- ent in your conduft. You begin with betraying the people, you conclude with betraying the King. In your treatment of particular perfons, you have preferved the uniformity of your chara&er. Even Mr Bradfliaw declares, that no man was ever ft ft i 94 LETTERS fo ill ufed as himfelf. As to the provifion * you have made for his family, he wasintitled to it by the houfe he lives in. The fucceflbr of one Chan- cellor might well pretend to be the rival of another. It is the breach of private friendfhip which touches Mr Bradfhaw ; and to fay the truth, when a man of his rank and abilities had taken fo active a part in your affairs, he ought not to have been let down at laft with a miferable penfion of fifteen hundred pounds a-year. Colonel Luttrell, Mr Onflow, and Governor Burgoyne, were equally engaged with you, and have rather more reafon to complain than Mr Bradfhaw. Thefe are men, my Lord, whofe friendfhip you mould have adhered to on the fame principle on which you deferted Lord Rocking.- ham, Lord Chatham, Lord Camden, and the Duke of Portland. We can eafily account for your vio- lating your engagements with men of honour, but why fhould you betray your natural connections ? Why feparate yourfelf from Lord Sandwich, Lord Gower, and Mr Rigby, or leave the three worthy gentlemen abovementioned to fhift for themfelves? With all the fafhionable indulgence of the times, this country does not abound in characters like theirs ; and you may find it a very difficult matter to recruit the black catalogue of your friends. The recollection of the royal patent you fold to -Mr Hine, obliges rae to fay a word in defence of * A penfion of 1500!. per Eiuuim, infured upon the 4 i-half per cents, (he was too cunning to truft to Irifh fccurity), for the lives of himfelf and all his Cons. This gentleman, who a very few years ago was clerk to a contractor for forage, ar.d afterwards exalted tp a petty pod in the war-office, thought it ncccfiary (as foon as he was appointed Secretary to the Treafury) to take that great houfe in Lincoln's- Inn-Fk Ms, in which the Earl of Northington had redded while he was Lord High Chancellor of Great Britain. As to the penfion, Lord North very lolemnly nftircd the houfe of common?, that no penfion was ever fo well deferved as Mr Bndfhaw's. N. B. Lord Camden and Sir JefTery Amhcrft are not near fo well provided for; and Sir Edward Hawke, who faved the Rate, retires with two ihoufand pounds a-year on the Irifh cfrablifhment, from which he in faft receiver Jcfs than Mr Eradfhaw's penfion, O F J U N I U S. 195 a man whom you have taken the moft diflionour- able means to injure. I do not refer to the fham profecution which you affe&ed to carry on againft him. On that ground, I doubt not, he is prepared to meet you with tenfold recrimination, and fet you at defiance. The injury you had done him affects his moral character. You knew that the offer to purchafe the reverfion of a place, which has heretofore been fold under a decree of the court of Chancery,, however imprudent in his fitu- ation, would no way tend to cover him with that fort of guilt which you wifhed to fix upon him in the eyes of the world. You laboured then, by every fpecies of falfe fuggeftion, and even by pub- liming counterfeit letters, to have it underftood that he had propofed terms of accommodation to you, and had offered to abandon his principles, his party, and his friends. You confulted your own bread for a character of confummate treach- ery, and gave it to the public for that of Mr Vaughan. I think myfelf obliged to do this juftice to an injured man, becaufe I was deceived by the appearances thrown out by your Grace, and have frequently fpoken of his conduct with indignation. If he really be, what I think him, honeft, though miflaken, he will be happy in recovering his repu- tation, though at the expence of his underftand- ing. Here, I fee, the matter is likely to reft. Your Grace is afraid to carry on the profecution. Mr Hine keeps quiet poffeflion of his purchafe; and Governor Burgoyne, relieved from the appre- henfion of refunding the money, fits down, for" the remainder of his life, INFAMOUS AND CON- TENTED. I believe, my Lord, I may now take my leave of you for ever. You are no longer that refolute minifter, who had fpirit to fupport the moft vio- lent meafures; who compenfated for the want of good and great qualities, by a brave determination R 2 (which. jp6 LETTERS (which fome people admired and relied on) to maintain himfelf without them. The reputation of obftinacy and perfeverance might have fupplied the place of all the abfent virtues. You have now added the laft negative to your character, and meanly confeffed that you are deftitute of the com- mon fpirit of a man. Retire then, my Lord, and hide your blufhes from the world ; for, with fuch a load of fhame, even BLACK may change its co- lour. A mind fuch as yours, in the folitary hours of domeftic enjoyment, may ftill find topics of con- folation. You may find it in the memory of vio- lated friendfhip; in the afflictions of an accomplifti- ed prince, whom you have difgraced and deferted; and', in the agitations of a great country, driven, by your counfels, to the brink of deftruclion. The palm of minifterial firmnefs is now tranf- ferred to Lord North. He tells us fo himfelf, with the plenitude of the ore rotunda *; and I am ready enough to believe, that, while he can keep his place, he will not eafily be perfuaded to refign it. Your Grace was the firm minifter of yefterday ; Lord North is the firm minifter of to-day. To- morrow, perhaps, his Mnjefty, in his wifdom, may give us a rival for you both. You are too well acquainted with the temper of your late allies, to think it pofTible that Lord North fhould be per- mitted to govern this country. If we may believe common fame, they have fhown him their fuperio- rity already. His Majefty is indeed too gracious to infult his fubje&s, by choofing his firft minifter from among the domeftics of the Duke of Bedford. That would have been too grofs an outrage to the three kingdoms. Their purpofe, however, is e- (jiialiy anfwered by pufhing forward this unhappy injure, and forcing it to bear the odium of mea- fures * This eloquent perfon hns eor as far as the difcipUne of Demoft. Junes. He confhntly fpeaks^Ub pfbbles in hi* mouth, to itn- in-ovs his articulation. O F J U N I U S. 197 fares which they in reality dire&. Without im, mediately appearing to govern, they poflefs the power and diftribute the emoluments of govern* ment as they think proper. They (till adhere to the fpirit of that calculation which made Mr Lut- trell reprefentative of Middlefex. Far from regret- ting your retreat, they aflure us very gravely, that it increases the real ftrength of the miniftiy. Ac* cording to this way of reafqning, they will pro- bably grow ftronger, and more flourifhing, every hour they exift ; for I think there is hardly a day paffes in which fome one or other of his Majefty's fervants does not leave them to improve by the loft of his afliftance. But, alas ! their countenances fpeak a different language. When the members drop off, the main body cannot be infenfible of its approaching diffolution. Even the violence of their proceedings is a fignal of defpair. Like bro- ken tenants, who have had warning to quit the premiffes, they curfe their landlord, deftroy the fixtures, throw every thing into confufion, and care not what mifchief they do the eftate. LETTER XXXVIL TO THE PRINTER OF THE PUBLIC AD VERTISER. SIR, MARCH 19. 1770. T BELIEVE there is no man, however indifferent * about the interefts of this country, who will not reac'ily confefs that the fituation to which we are now reduced, whether it has arifen from the violtnce of faction, or from an arbitrary fyftem of government, juitifies the mod melancholy ap- prehenfions, and calls for the exertion of whatever wifdom or vigour is left among us. The King's anfwer to the remonflrance of the city of London and the meafures fince adopted by the miruftry^ amount to a plain declaration, that the principle^ R 3 n i<>3 LETTERS on which Mr Luttrell was feated in the houfe of commons, is to be fupported in all its confequen- ces, and carried to its u-tmoft extent. The fame fpiritj which violated the freedom of election, now invades the declaration and bills of rights, and threatens to punifli the fubjedr. for exercifing a privilege, hitherto undifputed, of petitioning the crown. The grievances of the people are aggrava- ted by infults ; their complaints not merely difre- gnrdecl, but checked by authority ; and every one of thofe afts,againft which they remonftrated, con- firmed by the King's decifive approbation. At fuch 3 moment, no honed man will remain filent or in- active. However didinguifhed by rank or proper- ty, in the rights of freedom we are all equal. As -we are Englilhmen, the lead confiderable man a- mong us has an intereft equal to the proudefl noble- man, in the laws and conftitution of this countryy and is equally called upon to make a generous con- tribution in fupport of them ; whether it be the heart to conceive, the underftanding to direct, or the hand to execute. It is a common caufe, in which we are all intereded, in which we mould all be engaged. The man who deferts it at this alarm- ing crifis, is an enemy to his country, and, what I think of infinitely lefs importance, a traitor to his Sovereign. The fubjeV, who is truly loyal to the chief magiftrate, will neither advife nor fubmit to arbitrary meafures. The city of London hath given an example, which, I doubt not, will be followed by the whole kingdom. The noble Ipirit of the metropolis is the life-blood of the date, collected at the heart : from that point it circulates, with health and vigour, through every artery of the con- ftitution. The time is come, when the body of the Englifh people mud aflert their own caafe : con- fcious of their drength, and animated by a fenfe of their duty, they will not furrender their birth- right to minidersj parliaments, or kings. The OF J U N I U S. r$9> The city of London have exprefled their fenti-- ments with freedom and firmnefs;. they have fpo- ken truth boldly ; and, in whatever light their re- monftrance may be reprefented by courtiers, I de- fy the moft fubtle lawyer in this country to point out a fingle inftance in which they have exceeded the truth. Even that affertion, \vhich we are told is mod ofleniive to parliament, in the theory of the Englifli conftitution, is ftridUy true. If any part of the reprefentative body be not chofen by the people, that part vitiates and corrupts the whole. If there be a defect hi the reprefentation of 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 circumftance are not the acts of a pure and entire legiflature. I fpeak of the theory of our confti- tution ; and whatever difficulties or inconvenien- ces may attend the practice, I am ready to main- tain, that as far as the fact deviates from the prin- ciple, fo far the practice is vitious and corrupt, I have not heard a queftion raifed upon any other part of the remonftrance. That the principle on- which the Middlefex election was determined, is more pernicious in its effects than either the le- vying of (hip-money by Charles I. or the fufpend- ing power aflumed by his fon, will hardly be dif- puted by any man who underftands or wi(hes well* to the Englifh conftitution. It is not an act of o- pen violence done by the King, or any direct or pal- pable breach of the laws attempted by his minifter, that can ever endanger the liberties of this country. Againft fuch a King or minifter the people would immediately take the alarm, and all the parties unite to oppofe him. The laws maybe groiVly violated in particular inftances, without any dir.i: attack upon the whole fyftem. Facts of that kind ftand alone ; they are attributed to neceffity, not defended by principle. We can never be really ill danger, until 200 LETTERS until the forms of parliament are made ufe of to ckftroy the fubftance of our civil and political liber- ties; until parliament itfelf betrays its truft, by contributing to eftablim new principles of govern- ment, and employing the very weapons committed to it by the colleaive body, to ftab the conftitution. As for the terms of the remonflrance, I prefume it will not be affirmed, by any pcrfon lefs polifhed than a gentleman-ufher, that this is a feafon for compliments. Our gracious King indeed is abun- dantly civil to himfelf. Inftead of an anfwer to a petition, his Majefty very gracioufly pronounces his own panegyric ; and I confefs, that, as far as his perfonal behaviour, or the royal purity of his intentions, is concerned, the truth of thofe decla- rations, which the minifter has drawn up for his matter, cannot decently be difputed. In every o- ther refpect, I affirm, that they are abfolutely un- i'upported either in argument or fact I mult add too, that fuppofmg the fpeech were otherwife un- exceptionable, it is not a direct anfwer to the pe- tition of the city. His Majefty is pleafed to" fay, that he is always ready to receive the requefts of his fubjefts : yet the fheiifis were twice fent back with an excufe, and it was certainly debated in council, whether or no the magiltrates of the city of London fhould be admitted to an audience. Whether the remonftrance be or be not injurious to parliament, is the very queition between the parliament and the people; and fuch a queftion as eannot be decided by the aflertion of a third p?rty however refpeclable. That the petitioning for a iflolution of parliament is ineconcileable with the principles of the conilitution, is a new doctrine H.s Majefty perhaps has not been informed, that the houfe of commons themfelves have, by n for- mal refolution, admitted it to be the right of the fubjc-a. His Majefty proceeds to aflure u.., he has made the laws the rule of his conduct. O F J U N I U S. 201 Was it in ordering or permitting his minifters to apprehend Mr Wilkes by a general warrant ? Was it in differing his miniflers to revive the ob- folete maxim of nullum tempus to rob the Duke of Portland of his property, and thereby give a deci- five turn to a county election ? Was it in erec- ting a chamber confultation of furgeons, with au- thority to examine into and fuperfede the legal verdict of a jury ? Or did his Majefty confult the laws of this country, when he permitted his fe- cretary of ftate to declare, that, whenever the civil magiftrate is trifled with, a military force muft be fent for, without the delay of a moment, and effec- tually employed ? or was it in the barbarous ex- actnefsjwith which this illegal, inhuman doctrine was carried into execution ? If his Majefty had recollected thefe facts, I think he would never have faid, at lead with any reference to the meafures of his government, that he had made the laws the rule of his conduct. To talk of preferving the af- fections, or relying on the fupport, of his fubjects, while he continues to act upon ibefe principles, is. indeed paying a compliment to their loyalty, which I hope they have tqo much fpirit and underftand- ing to deferve. His Majefty, we are told, is not only punctual in the performance of his own duty, but careful not to affume any of thofe powers which the con- ftitution has placed in other hands. Admitting this laft affertion to be ftrictly true, it is no way to the purpofe. . The city of London have not de- fired the King to affume a power placed in other hands. If they had, I fhould hope to fee the per- fon, who dared to prefent fuch a petition, imme- diately impeached. They folicit their Sovereign to exert that conftitutional authority, which the laws have veiled in him, for the benefit of his fub- jects. They call upon him to make ufe of his law- ful prerogative in a cafe, which our laws evident- 202 LETTERS ly fuppofed might happen, fince they have provi- ded for it by trading the Sovereign with a difcre- tionary power to diflblve the parliament. This requeft will, I am confident, be fuppo&ed by re- monftrances from all parts of the kingdom. His Majefty will find at laft, that this is the fenfe of his people j and that it is not his intereft to fup- port either miniftry or parliament, at the haz.ird of a breach with the collective body of his fubje&s- That he is the King of a free people, is indeed his greateft glory. That he may long continue the King of a free people, is the fecond wifh that ani- mates my heart. The firft is, THAT THE PEOPLE MAY BE FREE*. J U N I U S, LETTER XXXVIII. TO THE PRINTEROF THE PUBLIC ADVERTISER. SIR, APRIL 3. 1770. TN my laft letter, I offered you my opinion of the * truth and propriety of his Majefty's anfwer to the city of London, considering it merely as the fpeech of a minifter, drawn up in his own defence, and delivered, as ufua!, by the chief magiftrate. I would feparate, as much as pofllble, the King's perfonal character an-d behaviour from the als of the prefent government. I wiih it to be underftood that his Majefty had in effel no more concern in the fubltanceof what he faid,thanSir JamesHodges had in the remonftrance ; and that as Sir James,. in virtue of his ofRce,. was obliged to fpeak the fen- timents of the people, his Majefty might think himfelf bound, by the fame official obligation, to give a graceful utterance to the fentiments of his minifter. The cold formality of a well-repeated- leflbn * When his Majefty dad done reading his fpecch, the Lord May- r, &c. had the honour of kiffing his Majefty's hand; after which, as thpy were withdrawing, his Majefty inftantly turned round to his courtiers, and burjl out a laugLing. d) ivhile Rome -uiat burning, JoHN HoRNE. O F J U N I U S. 203 leffon is widely diftant from the animated expref- fion of the heart. This diftinction, however, is only true with re- fpect to the meafure itfelf. The confequences of it reach beyond the minifter, and materially affect his Majefty's honour. In their own nature they are formidable enough to alarm a man of prudence, and difgraceful enough to afflict a man of fpirit. A fubject, whofe fincere attachment to his Ma- jefty's perfon and family is founded upon rational principles, will not, in the prefent conjuncture, be fcrupulous of alarming, or even of afflicting, his Sovereign. I know there is another fort of loy- alty, of which his Majefty has had plentiful expe- rience. When the loyalty of Tories, Jacobites, and Scotchmen, has once taken pofleflion of an unhappy Prince, it feldom leaves him without ac- complifhing his deftruction. When the poifon of their doctrines have tainted the natural benevo- lence of his difpofition, when their infidious coun*. fels have corrupted the /lamina of his government, what antidote can reftore him to his political health and honour, but the firm fincerity of his Englifh fubjefts ? It has not been ufual in this country, at lead fince the days of Charles I. to fee the Sovereign perfonally at variance or engnged in a direct alter- cation with his fubjects. Acts of grace and in- dulgence are wifely appropriated to him, and fhould conftantly be performed by himfelf. He never fnould appear but in an amiable light to his fubjects. Even in France, as long as any ideas of a limited monarchy were thought worth prefer- ring, it was a maxim, that no man fhould leave the royal prefence difcontented. They have loft or renounced the moderate principles of their go- vernment ; and now when their parliaments ven- ture to remonftrate, the tyrant comes forward and anfwers abfolutely for himfelf. The fpirit of their prefent 204 LETTERS prefent conftitution requires that the King fhould be feared ; and the principle, I believe, is tole- rably fupported by the fa&. But, in our political fyftem, the theory is at variance with the practice ; for the King fliould be beloved. Meafures of greater feverity may, indeed, in fome circumftan- ces, be necefiary j but the minifter who advifes, fhould take the execution and odium of them en- tirely upon himfelf. He not only betrays his ma- fter, but violates the fpirit of the Englifli confti- tution, when he expofes the chief magiftrate to the perfonal hatred or contempt of his fubje&s. When we fpeak of the firmnefs of government, we mean an uniform fyftem of meafures, delibe- rately adopted, and refolutely maintained by the fervants of the crown j not a peevifh afperity in the language or behaviour of the Sovereign. The go- vernment of a weak irrefolute monarch may be wife, moderate, and firm; that of an obftinatc ca- pricious prince, on the contrary, may be feeble, undetermined, and relaxed. The reputation of public meafures depends upon the minifter, who is refponfible ; not upon the King, whofe private opinions are not fuppofed to have any weight a- gainft the advice of his counfel, and whofe perfo- nal authority fhould therefore never be interpofcd in public affairs.-' This I believe is true conftitu- tional doclrine. But for a moment let us fuppofe it falfe. Let it be taken for granted, that an oc* cafion may arife in which a King of England fhall be compelled to take upon himfelf the ungrateful office of rejecting the petitions and cenfuring the conduft of his fubje&s ; and let the City remon- ftrance be fuppofed to have created fo extraordi- nary an occafion. On this principle, which I pre- fume no friend of adminiftration will difpute, let the wifdom and fpirit of the miniftry be exami- ned. They advife the King to hazard his digni- ty, by a pofitive declaration of his own fenti- 4 rnents. O F J U N I U S. 205 ments. They fugged to him a language full of feverity and reproach. What follows ? When his Majefty had taken fo decifive a part in fupport of his miniftry and parliament, he had a right to ex- pect: from them a reciprocal demonftration of firmnefs in their own caufe, and of their zeal for his honour. He had reafon to expect (and fuch, I doubt not, were the bluftering promifes of Lord North), that the perfons, whom he had been ad- vifed to charge with having failed in their refpecl; to him, with having injured parliament and vio- lated the principles of the constitution, mould not have been permitted to efcape without fome fe- vere marks of the difpleafure and vengeance of parliament. As the matter (lands, the minifter, after placing his Sovereign in the mod unfavour- able light to his fubjects, and after attempting to fix the ridicule and odium of his own precipitate meafures upon the royal character, leaves him a folitary figure upon the fcene, to recal, if he can, or to compenfate, by future compliances, for one unhappy demonftration of ill-fupported firmnefs and ineffectual refentment. As a man of fpirir, his Majefty cannot but be fenfible, that the lofty terms in which he was perfuaded to reprimand the city, when united with the filly conclufion of the bufinefs, refemble the pomp of a mock-tragedy, where the moft pathetic fentiments, and even the fufferings of the hero, are calculated for derifion. Such has been /the beaded firmnefs and con- fiftency of a minifter*, whofe appearance in the houfe of commons was thought eflential to the King's fervice ; whofe prefence was to influence every divifion ; who had a voice to perfuade, an eye to penetrate, a gefture to command. The re- S putation * This graceful minifter is oddly confhuftcd. His tongue is a little too big for his mouth, and his eyes a great deal too big for their fockeis. Every part of his perfon fets natural proportion at defiance. At this prefent writing, his head isfuppofsd to be much too heavy for his IhouWers. ao6 LETTERS reputation of thefe great qualities has been fatal to his friends. The little dignity of Mr Ellis has been committed. The mine was funk ; com- buftibles were provided ; and Welbore Ellis, the Guy Faux of the fable, waited only for the fignal of command. All of a fudden the country gentle- men difcover how grofsly they have been deceived : the minifter's heart fails him; the grand plot is defeated in a moment ; and poor Mr Ellis and his motion taken into cuftody. From the event of Friday laft, one would imagine that fome fatality hung over this gentleman. Whether he makes or fupprefles a motion, he is equally fure of his difgrace. But the complexion of the times will fuffer no man to be vice-treafurer of Ireland with impunity *. I do not mean to exprefs the fmalleft anxiety for the minifter's reputation. He acts feparately for himfelf, and the mod ihameful inconfiftency may perhaps be no difgrace to him. But when the Sovereign, who reprefents the majefty of the (late, appears in perfon, his dignity fhould be fup- ported. The occafion fhou'd be important ; the plan well confidered ; the execution fteady and confiftent. My zeal for his Majefty's real ho- nour compels me to afiert, that it has been too much the fyftem of the prefent reign, to intro- duce O F J U N I U S. 207 ^uce him perfonally, eithei to ab for, or to de- fend his fervants. They perfuade him to do what is properly their bufine.fs, and defert him in the midit of it*. Yet this is an inconvenience to which he muft be for ever expofed, while he ad- heres to a miniftry divided among themfelves, or unequal in credit and ability to the great tafk they have undertaken. Inftead of referving the inter- pofition of the royal perfonage as the laft refource of government, their weaknefs obliges them to apply it to every ordinary occafion, and to ren- der it cheap and common in the opinion of the people. Inftead of fupporting their mafter, they look to him for fupport j and, for the emoluments of remaining one day more in office, care not how- much his facred character is proftituted and dif- honoured. If I thought it p-offible for this paper to reach the clofet, I would venture to appeal at once to his Majefty's judgment. I would aflc him, but in the mod refpeclful terms, " As you are a young lf man, Sir, who ought to have a life of happi- " nefs in prpfpecl; as you are a hufband ; as * f you are a father, [your filial duties, I own, have " been religioufly performed]; is it bona fide for " your intereft or your honour, to facrifice your u domeftic tranquillity, and to live in a perpetual " difagreement with your people, merely to pre- " ferve fuch a chain of beings as North, Barring- " ton, Weymouth, Gower, Ellis, Onflow, Rigby^ " Jerry Dyfon, and Sandwich ? Their very names " are a fatire upon all government, and I defy the " graved of your chaplains to read the catalogue " without laughing." For my own part, Sir, I have always confiderecl addrelTes from parliament, as a fafhionable, un- S 2 meaning * After a certain perfon had fucceeded in cajollingMr Yorke, he told tlic Duke of Grafton, with a witty fmile, " My Lord, yon' ' may kill ilie next Peroy yourfeif." N. B. He had but tiiat inflant wiped the tears away which overcame Mr York. 2oS LETTERS meaning formality. Ufurpers, idiots, and tyrants, have been fucceflively complimented with almoit the fame profeflions of duty and affe&ion. But let us fuppofe them to mean exactly what they profefs. The confequences deferve to be confi- dered. Either the fovereign is a man of high fpi- rit and dangerous ambition, ready to take advan- tage of the treachery of his parliament, ready to accept of the furrender they make him of the pu- blic liberty; or he is a mild, undefigning prince, who, provided they indulge him with a little flate and pageantry, would of himfelf intend no mif- chief. On the firft fuppofition, it muft foon be de- cided by the fword, whether the constitution mould be loft or preferved. On the fecond, a prince no way qualified for the execution of a great and ha- zardous enterprize, and without any determined objel in view, may neverthelefs be driven into fuch defperate meafures, as may lead directly to his ruin, or difgrace himfelf by a fhameful fluc- tuation between the extremes of violence at one moment, and timidity at another. The minifter, perhaps, may have reafon to be fatisfied with the fuccefs of the prefent hour, and with the profits of his employment. He is the tenant of the day, and has no intereft in the inheritance. The fo- vereign himfelf is bound by other obligations ; and ought to look forward to a fuperior, a permanent intereft. His paternal tcndernefs mould remind liim, how many hoftages he has given to fociety. The ties of nature come powerfully in aid of oaths and proteftations. The father, who confiders his own precarious ftate of health, and the poflible hazard of a long minority, will wifh to fee the family-sftate free and unencumbered*. What is the dignity of the crown, though it were really maintained; what is the honour of parliament, fup- * Every true friend of the houfe of Brunfwick fees with afflift.on, how rapidly fomc of the principal brandies of the family have dioppcd off, OF J U N * U S. 209 fuppofmg it could exift without any foundation of integrity and juftice ; or what is the vain repu- tation of firmnefs, even if the fcheme of the go- vernment were unrform and confiftent, compared with the heart-felt affections of the people, with the happinefs and fecurity of the royal family, or even with the grateful acclamations of the popu- lace ? Whatever ftyle of contempt may be adopt- ed by minifters or parliaments, no man fmcerely defpifes the voice of the Englifh nation. The houfe of commons are only interpreters, whofe duty it is to convey the fenfe of the people faith- fully to the crown. If the interpretation be falfe or imperfect, the conftituent powers are called up- on to deliver their own fentiments. Their fpeech is rude, but intelligible ; their geftures fierce, but full of explanation. Perplexed by fophiftries, their honeft eloquence rifes into action. Their firft ap- peal was to the integrity of their reprefentatives ; the fecond, to the King's juftice ; the lad ar- gument of the people, whenever they have re- courfe to it, will carry more perhaps than perfua- fion to parliament, or fupplication to the throne. J U N I U S. LETTER XXXIX. TO THE PRINTER OF THE PUBLIC ADVER- TISER. SIR, MAY 28. 1770. "VT7"HILE parliament was fitting, it would nei- * * ther have been fafe, nor perhaps quite regu- lar, to offer any opinion to the public, upon the juftice or wifdom of their proceedings. To pro- nounce fairly upon their conduct, it was neceffary to wait until we could confidtr, in one view, the beginning, progrefs, and conclufion of their deli- berations. The caufe of the public was under- S 3 taken sro LETTERS taken and fupported by men, whofe abilities anti- united authority, to fay nothing of the advantage- ous ground they flood on, might well be though* fufficient to determine a popular queftion in fa- vour of the people. Neither was the houfe of commons fo abfolutely engaged in defence of the rniniftry or even of their own refolutions, but that they might have paid fome decent regard to the known difpofition of their conftituents j and,, without any difhonour to their firmnefs, might have retradled an opinion too hafiily adopted, when they faw the alarm it had created, and how ftrong- ]y it was oppofed by the general fenfe of the na- tion. The miniflry too would have confulted their own immediate intereft, in making fome conceflion fatisfaclory to the moderate part of the people. Without touching the fa ft, they might have confenred to guard againft or give up the dangerous principle on which it was eftablifhed, In this flate of things, I think it was highly im- probable at the beginning of the feffion, that the. complaints of the people upon a matter which, in their apprehenfion at leaft, immediately affefted the life of the conftitution, would be treated with as much contempt by their own reprefentatives, and by the houfe of lords, as they had been by the other branch of the legiflature. Defpairing of their integrity, we had a right to expeft fome- thing from their prudence, and fomething from their fears. The Duke of Grafton certainly did rot forefee to what an extent the corruption of a parliament might be carried. He thought, per- haps, that there was ftill fome pertien of fhame or virtue left in the majority of the houfe of com- mons, or that there was a line in public proftitu- tion beyond which they would fcruple to pro- ceed. Had the young man been a little more prac- iifed in the world, or had he ventured to mca- fure OF J U N I U S. 211 fare the characters of other men by his own, h,e would not have been fo eafily difcouraged. The prorogation of parliament naturally calls upon us to review their proceedings, and to confi- der the condition in which they have left the king- dom. I do not queilion but they have done what is ufually called the King's bufinefs, much to his Majefty's fatisfaction. We have only to lament, that, in confequence of a fyftem introduced or re- vived in the prefent reign, this kind of merit mould be very confident with the neglect of every duty they owe to the nation. The interval between the opening of the laft and clofe of the former feffion was longer than ufual. Whatever were the views of the minifter in deferring the meeting of parlia- ment, fufficient time was certainly given to every member of the houfe of commons, to look back upon the fteps he had taken, and the confequen- ces they had produced. The zeal of party, the violence of perfonal animofities, and the heat of contention, had leifure to fubfide.- From that period, whatever refolution they took was delibe- rate and prepenfe. In the preceding feflion, the dependants of the miniftry had affected to believe 9 . that the final determination of the quedion would have fatisfied the nation, or at lead put a flop to their complaints 5 as if the certainty of an evil could diminifh the fenfe of it, or the nature of in- juftice could be altered by decifion. But they, found the people of England were in a temper very- diftant from fubmiflion-, and, although it was con- tended that the houfe of commons could not them- felves reverfe a refolution, which had the force and effect of a judicial fentence, there were other eonditutional expedients, which would have gi- ven a fecurity againft any fimilar attempts for the future. The general propoiition, in which the whole country had an intered, might have been reduced to a particular fact, in which Mr Wilkes and 212 LETTER S, and Mr Luttrel would alone have been concerned. The houfe of lords might interpofe ; the King might diflblve the parliament; or, if every other Tefpurce failed, there ftill lay a grand conftitutional writ of error, in behalf of the people, from the de- eifiun of one court to the wifdom of the whole le- giflature. Every one of thefe remedies has been fuccefiively attempted Th..- people performed their part with dignity, fpirit, and perfeverance. For many months his Majefly heard nothing from his people but the language of complaint and refent- meiit; unhappily for this country, it was the daily triumph of his courtiers that he'heard it with an indifference approaching to contempt. The houfe of commons having aiTumed a power unknown to the conftituticn, v. ere determined not merely to fupport it in the fingle inftance in que- ftion, but to maintain the dodrine in its utmoft extent, and to eftablifh the fact as a precedent in law, to be applied in whatever manner his Majefty's fervants mould hereafter think fit. Their proceed- ings upon this occafion are a ftrong proof that a decifion, in the firft inftance illegal and unjuft, can only be fupported by a continuation of faii'ehood and injuftice. To fupport their former refolu- tions, they were obliged to violate fome of the beft known and eftablifhed rules of the houfe. In one inftance, they went fo far as to declare, in open defiance of truth and common fenfe, that it was not the rule of the houfe to divide a compli- cated queftion, at the requeft of a member *. But after trampling upon the laws of the- land, it was not wonderful that they fhorld treat the private regulations of their own affernbly with equal dif- regard. The fpeaker, being young in office, began with pretended ignorance, and ended with deci- ding' I his extravagant refolution appears ID thcVo'- con'trTr to Ta Tand "L" h' commitl ^ '. the ''Dances of rt,oluti:>ns truth when propofed to them, arc iunuuucrablc. " O F J U N I U S. 213 ding for the miniftry. We are not furprifed at the decifion ; but he hefitated and blufhed at his own bafenefs, and every man was aftonifhed*. The intereft of the public was vigoroufly fup- ported in the houfe of lords. Their right to de- fend the conftitution againft an encroachment of the other eftates, and the neceflity of exerting it at this period, was urged to them with every argu- ment that could be fuppofed to influence the heart or the underftanding. But it foon appeared, that they had already taken their part, and were deter- mined to fupport the houfe of commons, not only at the expence of truth and decency, but even by a furrender of their own moft important rights. Inftead of performing that duty which the confti- tution expected from them, in return for the dig- nity and independence of their ftation, in return for the hereditary (hare it has givenjthem in the legiflature, the majority of them made common caufe with the other houfe in oppreffing the people, and eftabliftied another doctrine as falfe in itfelf, and if poflible more pernicious to the conftitution, than that on which the Middlefex election was determined. By refolving, " that they had no " right to impeach a judgment of the houfe of ** commons in any cafe whatfoever where that tl houfe has a competent jurifdi&ion," they in ef- fect gave up that conftitutional check and recipro- cal controul of one branch of the legiflature over the other, which is perhaps the greateft and moft important * When the King firft made it a meafure of his government to dcftroy Mr Wilkcs, and when for this purpofe it was neccflary to run down privilege, Sir Fletcher Norton, with his ufu.il proitituted 1-ontery, aflnred the houfe of commons, that he (hould regard htr votes no more than a refolution of fo many drunken This is the very Lawyer whom Ben Johnfton defcribes one of porters in the ollowing lines : Gives forked counftl ; takes provoking gold, On eitber hand, and puts it up. So wile, To grave, of fo perplex'd a tongue, And loud withal, that would not wag nor fcarcc L,ic (till without a fee" 214 LETTERS important object provided for by the divifion of the whole legiflative power into three eflates : and now, let the judicial decifions of the houfe of com- mons be ever fo extravagant, let their declarations of the law be ever fo flagrantly falfe, arbitrary, and oppreflive to the fubjedl, the houfe of lords have impofed a flavim filence upon themfelves; they cannot interpofe, they cannot protect the fubjeft, they cannot defend the laws of their country. A conceflion fo extraordinary in itfelf, fo contra- dictory to the principles of their own inftitution, cannot but alarm the moft unfufpecling mind. We may well conclude, that the lords would hardly have yielded fo much to the other houfe, without the certainty of a compenfation, which can only be made to them at the expence of the people *. The arbitrary povrer ttrcy hive affumed. of impofing fines, and committing during pleafure, will now be exercifed in its full extent. The houfe of com- mons are too much in their debt to queftion or in- terrupt their proceedings. The Crown too, we may be well affured, will lofe nothing in this new dif- tribution of power. After declaring, that to peti- tion for a diflblution of parliament is irreconcile- able with the principles of the conftitution,his Ma- j.efty has reafon to expecl that fome extraordinary compliment will be returned to the Royal prero* gative. The three branches of the legiflature feem- to treat their feparate rights and intereft as the Roman Triumvirs did their friends. They reci- procally facrifice them to the animofities of each ether, and eftablifh a deteftable union among them- felves, upon the ruin of the laws and liberty of the commonwealth. Through the whole proceedings of the houfe of commons * The man who rcfifls and overcomes this iniquitous power af- fumcd liy the lords, muft be fupported by the whi le people. We have the Ijvvs on our fide, and want nothing but an intrepid leader. AVlu'i) fucli a man (lands (orlli, let the nation look to it. It is nut bis Cdulc, but our uv. 1 *:. O F J U N I U S. 215 commons in this fefTion, there is an apparent, a palpable confcioufnefs of guilt, which has prevent- ed their daring to aflert their own dignity, where it has been immediately and grofsly attacked. In the courfe of Dolor Mufgrave's examination, he faid every thing that can be conceived mortifying to individuals, or offenfive to the houfe. They voted his information frivolous ; but they were awed by his firmnefs and integrity, and funk under it*. The terms, in which the fale of a patent to MrHine were communicated to the public, natural- ly called for a parliamentary inquiry. The integrity of the houfe of commpns was dire&ly impeached ; but they had not courage to move in their own vindication, becaufe the inquiry would have been fatal to Colonel Burgoyne and the Duke of Graf- ton. When Sir George Savile branded them with the name of traitors to their conftituents ; when the Lord Mayor, the Sheriffs, and Mr Trecothick, exprefsly avowed and maintained every part of the city remonftrance ; why did they tamely fubmit to be infulted? Why did they not immediately expell thofe refractory members ? Confcious of the mo- tives on which they had ar.ed, they prudently pre- ferred infamy to danger; and were better prepared to meet the contempt, than to roufe the indigna- tion, of the whole people. Had they expelled thofe five mejnbers, the confequences of the new doctrine of incapacitation would have come imme- diately 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 houfe, or the obftinacy of one particular county. Thefe topics, I know, have hr.d their * The examination of this .firm, lionet man, is printed for At- men. The reader will find it a mofl curious and a mofl intcreiting tra*r cents mult either be dropped T entiirely, 218 LETTERS entirely, or continued with an increafing difad-- vantage to the public. The minifter's fagacity has ferved to raife the value of the thing he means to purchafe, and to fink that of the three per cents, which it is his purpofe to fell. In effect, he has contrived to make it the intereft of the proprietor of four per cents to fell out, and buy three per cents in the market, rather than fubfcribe his flock upon any terms that can pollibly be offered by overnment. The ftate of the nation leads us naturally to con- Cder the fituation of the King. The prorogation of parliament has the tffel of a temporary diffo- lution. The odium of meafures adopted by the collective body fits lightly upon the feparate mem- bers who compofe it. They retire into fummer- tjuarters, and reft from the difgraceful labours of the campaign. But as for the Sovereign, it is not fo "with him. He has a permanent exiftence in this country ; he cannot withdraw himfelf from the complaints, the difcontents, the icproaches, of his i'ubjecls. . They purfue him to his retirement, and invade his domeftic happinefs, when no addrefs can be obtained from an obfequious parliament to encourage or confole him. In other times, the jntereft of the King and people of England was, -.is it ought to be, entirely the fame. A new fy- ilem has not only been adopted in fact, but pro- feffed upon principle. Minifters are no longer the public fervants of the ftate, but the private domeftics of the Sovereign. One particular clafs of men are permitted to call themfelves the King's friends*, as if the body of the people were the King's enemies ; or as if his Majefty looked for a rcfource or confolation in the attachment of a few- favourites, againit the general contempt and de- teftation * " An ignorant, mercenary, and feivilc crew ; unanimou- in w evil, diligent in mifchicf, variable in principles, conftant to flat- ' tery, t?.lkirs for liberty, but flaves to powtr; ftyling themfelves ' the court party, sad the ptiucs's only uisads." DavmiKi, OF J U N I U S. 219 teftation of his fubjecls. Edward, and Richard the fecond, made the fame diftindtion between the collective body of the people, and a contemp- tible party who furrounded the throne. The e- vent of their miftaken conduV might have been a warning to their fucceflbrs. Yet the errors of thofe princes were not without excufe. They had as many falfe friends as our prefent gracious So- vereign, and infinitely greater temptations to fe- duce them. They were neither fober, religious, nor demure. Intoxicated with pleafure, they wafted their inheritance in purfuit of it. Their lives were like a rapid torrent, brilliant in profpett, though ufelefs or dangerous in its courfe. In the dull, unanimated exiftence of other princes, we fee no- thing but a fickiy ftagnant water, which taints the atmofphere without fertilizing the foil. The mo- rality of a king is not to be meafured by vulgar rules. His fitu.ition is fingular. There are faults which do him honour, and virtues that difgrace him. A faultlefs infipid equality in bis character, is neither capable of vice nor virtue in the ex- treme ; but it fecures his fubmiflion to thofe per- fons whom he has been accudomed to refpet.,and makes him a dangerous inftrument of their ambi- tion. Secluded from the world, attached from his infancy to one fet of perlons and one fet of ideas, he can neither open his heart to new connections, nor his mind to better information. A character of this fort is the toil fitteiito produce that obfti- nate bigotry in politics and religion, which begins with a meritorious facrifice of the underitanding, and finally conduces the monarch and the martyr to the block* At any other period, I doubt not, the fcanda- lous diforders which have been introduced into the government of all the dependencies in the empire, would have routed the attention of the public. The odious abufe and proftituuon of the preroga- T 3. live 220 LETTERS live at home, the unconstitutional employment of the military, the arbitrary fines and commit- ments by the houfe of lords, and court of King's- bench , the mercy of a chafte and pious prince, extended cheerfully to a wilful murderer, becaufe that murderer is the brother of a common profti- tute *, would, I think, a* any other rime, have ex- cited univerfal indignation. But the daring at- tack upon the coi;ftitution, in the Middlefex elec- tion, makes us callous and indifferent to inferior grievances. No man regards an eruption upon the furface, when the noble parts are invaded, and he feels a mortification approaching to his heart. The free election of our reprefentatives in parliament comprehends, becaufe it is, the fource and fecu- lity of every right and privilege of the Englifh na- tion. The miniftry have realilcd the compendious ideas of Caligula. They know that the liberty, the laws, and property of an Englishman, have in truth but one neck ; and that to violate the free- dom of election, ftrikes deeply at them all. J U N I U S. LETTER XL. TO LORD NORTH. MY LORD, AUG. 22. 1770. MR Luttrel's fervices were the chief fupport and ornament of the Duke of Grafton's ad- miniftration. The honour of rewarding them was referved for your Lordfhip. The Duke, it feems, had contracted an obligation he was jfhamed to acknowledge, and unable to acquit. You, my Lord, had no fcmples. You accepted the fucctf- fion with all its encumbrances; and have paid Mr Luttrel his legacy, at the hazard of ruinin- the cftate. When * Mifs Kennedy. O F J U N I U S. rcr When this accomplifhed youth declared himfelf the champion of government, the world was bufy in inquiring what honours 'or emoluments could be a futficient recompence to a young man of his rank and fortune, for fubmitting to mark his en- trance into life with the universal contempt and detellation of his country. His noble father had not been fo precipitate. To vacate his feat in par- liament, to intrude upon a county in which he had no intereft or connection, to poffefs himfelf of another man's right, and to maintain it in de- fiance of public fhame as wdl as juftice, befpokc a degree of zeal, or of depravity, which all the fa- vour of a pious Prince could hardly requite. I pro- teft, my Lord, there is in this y; .ung man's con- duct, a itrain of proflitution, which, for its fingu- larity, I cannot but admire. He has difcovered a new line in the huma i character -, he has degra- ded even the name of Luttrel, aud gratified his fa- ther's mod fanguine expectations. The Duke of Grafcon, with every pOmble dif- pofiuon to patronile this kind of merit, was con- tented with pronouncing Colonel Luttrel's pane- gyiic. The gallant fpint, the difmterefted zeal of the young adventurer, were echoed through the houfe ot Jords. His Grace repeatedly pledged himfelf to the houfe, as an evidence of the purity of his friend Mr Luttrel's intentions y that h^ had engaged without any profpeft of perfonal be- nefit, and that the idea of compenfation would mort illy offend him *. The noble Duke could haruiy be in earneit i but he had lately quitted his employment, and began to think it necefrary to take fome care of his reputation. At that very moment the Irifti negociation was probably begun. Come forward, thou worthy reprefentative of Lord Bute, and tell this infulted country, Who T 3 advifed * He now fays that hi* great objeft is the raiik of colonel, and tlut be ivilL have it. 22* LETTERS advifed the King to appoint Mr Luttrel ADJU- TANT GENERAL to the army in Ireland? By what management was Colonel Cuninghame pre- vailed on to refign his employment, and the ob- fequious Gifborne to accept of a penfion for the government of Kinfale*? Was it an original fti- pulation with the Princefs of Wales, or does he owe his preferment to your Lordfhip's partiality, or to the Duke of Bedford's friendfhip ? My Lord, though it may not be pofllble to trace this mea- fure to its fource, we can follow the ftream, and warn the country of its approaching deftruUom The Englifh nation muft be roufed, and put up- on its guard* Mr Luttrel has already fhown us how far he may be trufted, whenever an open attack is to be made upon the liberties of this country. I do not doubt that there is a deliberate plan formed. Your Lordfhip beft knows by whom ; the corruption of the legiflative body on this fide a military force on the other and then Fare-well to England! It is impoflible that any mi- niiter (hall dare to advife the King to place fuch a man as Luttrel in the confidential pod of Ad- juUnr-general, if there were not fome fecret pur- pofe in view, which only fuch a man as Luttrel is m to promote. The infult offered to the army in general is as grofs as the outrage intended to the people of England. What ! Lieutenant-colo- nel Luttrel Adjuiant-general of an army of fix. teen * This infamous tranfaf 500 1 a ye.ir, until A CTovernroent of greater value fhall become vacant. Colour! Cuninghame is made Governor, of Kinfale : and Luttrtl, at laft, ;>om whom ihe whole machinery is put in motion, becomes adju- tant-general, aod iu effccl takes the command of tiie army in Ire- OFJUNIUS. 223. teen thoufand men ! One would think his Maje- fty's campaigns at Blackheath and Wimbletoa might have taught him better. I cannot help wifhing General Harvey joy of a colleague who does fo much honour to the employment. But, ray Lord, this meafure is too dating to pafs un- noticed, too dangerous to be received with indif- ference or fubmiflion.. You {hall not have time to new-model the Irifh army. They will not fub- mit to be garbled by Colonel Luttrel. As a mif- chief to the Englifh conftitution, (for he is not worth the name of enemy), they already deleft him. As a boy, impudently thruft over their heads, they will receive him with indignation and contempt. As for you, my Lord, who perhaps are no more than the blind unhappy inftrument of Lord Bute and her Royal Highnefs the Princefs of Wales, be affured, that you (hall be called upon to anfvver for the advice which hai been given, and either difcover your accomplices, or fall a facnfice to their fecurity. JUNLUS, LETTER XLI. TO THE RIGHT HONOURABLE LORD MANSFIELD. My LORD, Nov. 14. 1770 THE appearance of this letter will attract the curiofity ot the public, and command even your Lordfhjp's attention^ 1 am considerably in your debt j and (hall endeavour,, once for all, to balance the account. Accept of this addrefs, my Lord, as a prologue to more important fcenes, in which you will probably be called upon to a& or fuffer. You will not queftion my veracity, when I af- fure you, that it has not been owing to any parti- cular refpeft for yourperfon that I have abftained from H4 LETTERS from you fo long. Befidcs the diltrefs and danger -.-hich the prefs is threatened, when Lordfhip is party, and the party is to be judge, I - confefc I have been deterred by the difficulty of" the talk. Our language has no term of reproach^ the mind has no i ea of dcteftation, which has not already bren happily applied to you, and eihauft- ed. Ample jultice has been done by abler pens than mine to the feparate merits of your life and chara&er. Let it be my humble office to collect the fcatter d iweets, till their united virtue tor- tures the fenfe. Permit me to begin with paying a juft tribute to Scotch fincerity wherever I find it I own I am not apt to confide in the profeffions of gentle- men of that country ; and when they fmile, I feel an involuntary emotion to guard myfelf a^ainft mifchief. With this general opinion of an ancient nation,! always thought it much to your Lord ihip's honour, that, in your earlier days, you were but little infeclcd with the prudence of your country. You had fome original attachments, which you took every proper opportunity to acknowledge. The liberal fpirit of youth p-ev^iled over your na- tive discretion. Your zeal in the caufe of an un- happy prince was exprcifird with the fincerity of wine, and fome of the folemnities of leligion*. This, 1 concetv, is the moil amiable point of view in whLh your ch^rac^er has appeared. Like an honcit man, you took that part in politics which might have been expected from your birth, education, country, and connections. There was fomethmg generous ia your attachment to the ba- nifhed houfe ot Stuart. We lament the miitakes of a good man, and do not begin to deteit Hm until be affects to renounce h.s principles. Why ThU man was always a raiik Jacobite. Lord Raven fworth produced the moft t^iuf &? cvii:ld und-rg<> 'he rul . ule of letting him ci'capc. t AIM ON, /. i8p. fxa O F J U N I U S. 229 to remain ? Why force twelve honed men, in pal- pable violation of their oaths, to pronounce their fellow-fubject a guilty man, when, aimed at the fame moment, you forbid their inquiring into the only circumftance which, in the eye of law and reafon, conftitutes guilt the malignity or inno- cence of his intentions ? But I underftand your Lordfhip. If you could fucceed in making the trial by jury ufelefs and ridiculous, you might then with greater fafety introduce a bill into parliament for enlarging the jurifdi&ion of the court, and ex- tending your favourite trial by interrogatories to every queftion in which the life or liberty of an Englifhman is concerned *. Your charge to the jury, in the profecution a- gainft Almon and Woodfall, contradicts the high- eft legal authorities, as well as the plaineft dictates of reafon. In Miller's caufe, and ftill more ex- prefsly in that of Baldwin, you have proceeded a ftep farther, and grofsly contradicted yourfelf. You may know perhaps, though I do not mean to infult you by an appeal to your experience, that the language of truth is uniform and confident. To depart from it fafely, requires memory and dif- cretion. In the two lad trials, your charge to the jury began as ufual, with affuring them that they had nothing to do with the law, that they were to find the bare fa&, and not concern themfelves about the legal inferences drawn from it, or the degree of the defendant's guilt. Thus far you were confident with your former practice. But U how * The pKltofophical poet doth notably dcfcribc the damnabl; and damned proceedings of the judge of he 1. *' Gnoflius hsec Rrtadamaniluii habet dirifHrna regna, " CafKpatqiie, audirque dolos, fubigitqui fateri '." Firft he puniflieth, and tltn he hearcth, and lailly compc'leth ( conftfs, and makes and mars la AS at his p'cafnre : like as the Ccu- turion, in the holy hiftory, did to St Paul ; for the text faith, " Centurio apprehend! 1'aulum juffit, et fe catenis eligan ; et tune " INTKRUOGABAT, quis fuiflet, et quid feciffet." But ggt>d ji:d" gfes and jiifticcs abhor thefe couri"es. Coke, 1 1r>Jl. jj. 230 LETTER S how will you account for the conclufion ? You told the jury, that " if, after all, they would take ers were purfuing uncon- itituticnal meafures. Upon other occa&ocs, my Lord, you have no difficulty of finding jour way into the ciofet. The pretended neutrality of be- longing to BO party, will not fave your reputation. In qneflions merely political, an honed man may ftand neuter. But the laws and conduction are the general property of the fobjecl ; not to defend is to relinquiih ; and who is there i'o fenfelefs as to renounce bis ihare in a common benefit, unlefs be hopes to profit by a new divifion of the fpoU. As a lord of parliament, you were repeatedly call- ed upon to condemn or defend tbe new law decla- red by the boufe of commons. Ten affected to hare fcreplcs, and every expedient was attempted to remove them. Tbe queftion was propofed and urged to you in a tbonfand different fhapes< Your prudence (till fuppb'ed you with evafion ; your refolntion was invincible. For my own part, I am not anxious to penetrate this folemn fecret. I care not to whofe wifdom it is intruded, nor bow foon you carry it with you to jeer grave *. You have betrayed your opinion by the very care you bave taken to conceal it. It is not from Lord Mansfield that we expecl any referve in declaring his real fentiments in favour of government, or in opposition to tbe people ; nor is it difficult to ac- count for tbe motions of a timid, diihoned heart, which neither has vi/zue enough to acknowledge truth, nor courage to contradict it. Yet you con- tinue to fnpport an administration which you know is that be believed be 0*>oM caffy IMS opmioa kb him to UK grave b va* sftcracds rcpr r d f hat he bad fatrafe* i, in fccdal omfideacr, O F J U N I U S. 233 is univerfaliy odious, and which, on fome occa- fions, you yourfelf fpeak of with contempt. You would tain be thought to take no fhare in govern- ment; while, in reaiiry, you are the main fpring of the machine. Here too we trace the Jitt/f, pru- dential policy of a Scotfman. Inftead of acting that open, generous parr, which becorres your rank and ftation, you meanly (ku!k into the ciofet, and give your Sovereign fuch advice as you have not fpirit to avow cr defend. You fecretly en- grofs the power, \vhiie you decline the title, of minifter ; and though YOU dare not be Chancellor, you know how to fecure the emoluments of the office. Are the feals to be for ever in commiffion, that you may enjoy five thoufand pounds 2-year ? I beg pardon, my Lord ; your fears have in- terpofed at Ult, and forced you to refign. The odium of continuing fpeaker of the houfe of lords, upon fuch terms, was too formidable to be refift- ed. What a multitude of bad paffions are forced to fubmit to a constitutional infirmity ! But tho' you have rc'inquifhcd the falary, you flill affume the rights of a miniiler. Your conduct, it feems, rnutl be defended in parliament. For wha$ other purpofe is your wretched friend, that miferable ferjennt, ported to the hcufe of commons ? Is it in the abilities of Mr Leigh to defend the great Lord Mansfield ? or is he or.lv the Punch of the pup- pet (how, to fpeak as he is prompted by the CHIEF JUGGLER behind the curtain *? In public affairs, my Lord, cunning, let it be ever fo well wrought, will not conduct a man ho- nourably through life. Like bad money, it may be current for a time, but it will foon be cried down. It cannot confift with a liberal fpirit, though it be fometimes united with extraordinary qualifications. U 3. * Th! paragraph gagged poor Ltlgb. \ am really concerned for the man, and wi(h it WWC pvffibk IO open bS mtlK. a very pretty tutor. 234 LETTERS When I acknowledge your abilities, you may be- lieve I am fincere. I feel for human nature, when I fee a man, fo gifted as you are, defcend to fuch vile pradices. Yet do not fuffer your vanity to confole you too foon. Believe me, my good Lord, you are not admired in the fame degree in which you are detefted. It is only the partiality of your friends, that balances the defects of your heart with the fuperiority of your underftanding. No learned man, even among your own tribe, thinks you qualified to prefide in a court of common lav/. Yet it is confefled, that, under Jufliman^ you might have made an incomparable Prator. It is remarkable enough, but I hope not ominous, that the laws you underftand beft, and the judges you affect to admire moft, flourifhed in the decline of a great empire, and are fuppofed to have contri- buted to its fall. Here, my Lord, it may be proper for us to paufe together. It is not for my own fake that I wifh you to confider the delicacy of your fituation. Beware how you indulge the firft emotions of your refentment. This paper is delivered to the world, and cannot be recalled. The perfecution of an in- nocent printer cannot alter facls, nor refute argu- ments. Do not furnifh me with farther materials againft yourfelf. An honeft man, like the true religion, appeals to the underftanding, or modeftly confides in the internal evidence of his confcience. The impottor employs force inftead of argument, impofes filence where he cannot convince, and propagates his charafter by the fword. JUNIUS. LET- OF J U N I U S. 23$- LETTER XLII. TO THE PRINTER OF THE PUBLIC ADVERT I SEE* SIR, JAN 30. 1771*- TF we recollect in what manner the King 1 s friend* * have been conftantly employed, we ihall have no reafon to be furprifed at any condition of dif- grace to which the once-refpetted name of Eng-. lifhmen may be degraded. His Majefty has no cares, but fuch as concern the laws and conftitu- tion of this country. In his Royal bread there is no room left for refentment, no place for hoflile fentimentsagainft the natural enemies of hiscrown* The fyllem of government is uniform. Violence and oppreffion at home can only be fupported by treachery and fubmiffion abroad'. When the civil rights of the people are daringly invaded on one fide, what have we to expect, but that their poli- tical rights mould be deferted and betrayed, in the fame proportion, on the other ? The plan of do- meftic policy which has been invariably purfued from the moment of his prefent Majefty's accef- fion, engrofles all the attention of his fervants, They know that the fecurity of their places de- pends upon their maintaining, at any hazard, the lecret fyilem of the clofet. A foreign war might embarrafs, an unfavourable event might ruin the minifter, and defeat the deep-laid fcheme of po- licy to which he and his aflbciates owe their em- ployments. Rather than fuffer the execution cf that fcheme to be delayed or interrupted, the King has been advifed to make a public furrender, a fo- lemn facrifice, in the face of all Europe, not only of the interefts of his fubje&s, but of his own per- fonal reputation, and of the dignity of that crown which his predeceflbrs have worn with honour, Thefe are ftrong terms, Sir, but they are fupport- ed by faft and argument, The 23 <5 LETTERS The King of Great Britain had been for feme years in poflcflion of an ifland, to which, as the miniftry themfelves have repeatedly aflerted, the Spaniards had no claim of right. The importance of the place is not in queftion. If it were, a bet- ter judgment might be formed of it from the opi- nion of Lord Anfon and Lord Egmont, and from the anxiety of the Spaniards, than from any falla- cious infmuations thrown out by men whofe in- tereft it is to undervalue that property which they are determined to relinquiili. The pretenfions of Sp lin were a fubjecl: of negociation between the two courts. They had been difcufTed, but not ad- mitted. The King of Spain, in thefe circum- ftances, bids adieu to amicable negociation, and appeals direclly to the fword. The expedition a- gainft Porr-Egmont does not appear to have been a fudden ill-concerted enterprise. It feems to ha\'e been conducted not only with the ufual military precautions, but in all the forms and ceremonies of war. A frigate was firft employed to examine the ftrength of the place. A mcflage was then fent, demanding immeidiate polTef!ion, in the Ca- tholic King's name, and ordering our people to depart. At laft a military force appears, and com- pels the garrifon to furrender. A formal capitu- lation enfues; and his Majefty's (hip, which might at lead have been permitted to bring home his troops immediately, is detained in port twenty days, arul her rudder forcibly taken away. This train of tatls carries no appearance of the rafhnefs or violence of a Spanifh governor. On the con- trary, the whole plan feems to have been formed and executed, in confequence of deliberate orders and a regular inftruction froiri the Spanifh court. Mr Buccarelli is not a pirate, nor has he been treated as fuch by thofe who employed him. I feel for the honour of a gentleman, when I affirm, that our King owes him a fignai reparation. Where OF J U N I U S. v 237 Where will the humiliation of this country end ? A King of Great Britain, not contented with pla- cing himfelf upon a level with aSpanifh governor, defcends fo low as to do a notorious injuftice to that governor. As a falvo for his own reputation, he has been advifed to traduce the character of a brave officer, and to treat him as a common rob- ber, when he knew with certainty that Mr Buc- carelli had afted in obedience to his orders, and had done no more than his duty. Thus it happens in private life, with a man who has no fpirit nor fenfe of honour. One of his equals orders a fer- vant to ftrike him. Inftead of returning the blow to the matter, his courage is contented with throw- ing an afperfion, equally falfe and public, upon the character of the fervant. This fiaort recapitulation was neceflary to intro- duce the confideration of his Majefty's fpeech of I3th November 1770, and the fubfequent mea- fures of government. The exceffive caution with which the fpeech was drawn up, had imprefied upon me an early convidtion, that no ferious re- fentment was thought of, and that the conclu- fion of the bufinefs, whenever it happened, muft in fome degree be diihonourable toEngland. There appears through the whole fpeech a guard and referve in the choice of expreflion, which fhows how careful the miniftry were not to embarrafs their future projects by any firm or fpirited decla- ration from the throne. When all hopes of peace are loft, his Majefty tells his parliament, that he- is preparing not for barbarous war, but (with all his mother's foftnefs) for a different Jit nation.'. An open hoftility, authorifed by the Catholic King, is called an aft of a governor. This aft, to avoid the mention of a regular fiege and furrender, paf- fes under the piratical defcription of feizing by force ; and the thing taken is defcribed, not as a part of the King's territory or proper dominion,, but 23* LETTERS but merely as a poffejfion, a word exprefsly chofen in contradiftin&ion to and exclufion of the idea of right, and to prepare us for a future furrender both of the right and of the pofleffion. Yet this fpeech, Sir, cautious and equivocal as it is, can- not, by any fophiftry, be accommodated to the meafures which have finde been' adopted. It feemed to promife, that whatever might be given up by fecret ftipulation, fome care would be taken to fave appearances to the public. The event {hows us, that to depart, in the minuted article, from the nicety and ftrictnefs of punctilio, is as dange- rous to national honour as to female virtue. The woman, who admits of one familiarity, feldom knows where to ftop,or what to refufe; and when the counfels of a great country give way in a fingle inftance, when they once are inclined to fubmif- Con, every ftep accelerates the rapidity of the de- fcent. 'I he miniftry themfelves, when they framed the fpeech, did not forefee, that they fhould ever accede to fuch an accommodation as they have fince advifed their mafter to accept of. The King fays, The honour of my croiun and the rights of my people are deeply affecled. The Spa- niard, in his reply, fays, 1 give you back poffejjion ; but I adhnre to my claim of prior right, referring the offer 't ion of it for a more favourable opportunity. The fpeech fays, I made an immediate demand of fatisfatlion; and, if that fails, I am prepared to do myfilfjujiice. This immediate demand muft have been fent to Madrid on the i2th of September, or in a few days after. It was certainly refufed, or evaded, and the King has not done himfelf juitice. When the firfl magiftrate fpeaks to the nation, fome care fhould be taken of his apparent vera- city. The fpeech proceeds to fay, I flail not difccn- tinue my preparations until I have received proper reparation fir the injury. If this ailurance may be relied O F J U N I U S. 139 relied on, what an enormous expence is entailed, fine die, upon this unhappy country ! Reftitution of a pofleflion, and reparation of an injury, are as different in fubftance as they are in language. The very at of reftitution may contain, as in this inftance it palpably does, a (hameful aggravation of the injury. A man of fpirit does not meafure the degree of an injury by the mere pofitive da- mage he has fuftained. He confiders the principle on which it is founded j he.refents the fuperiority afferted over him ; and rejels with indignation the claim of right, which his adverfary endeavours to eftablifh, and would force him to acknowledge. The motives on which the Catholic,King makes reftitution are, if poffible, more infolent and dif- graceful to o.ur Sovereign than .even the declara- tory condition annexed to it. After taking four months to confider whether the expedition was undertaken by his own orders or not, he conde- fcenris to difavow the enterprize, and to reftore the ifland ;- not from any regard to juftice, not from any regard he bears to his Britannic Majefty; but merely from the perfuafton, in -which he is, of the pacific fentiments of the King of Great Britain. At this rate, if our King had discovered the fpi- rit of a man, -if he had made a peremptory de- mand of fatiefadtion, r the King of Spain would have given him a peremptory refufal. But why this unfeafonable, this ridiculous mention of the King of Great Britain's pacific intentions? Have they ever been inqueftipn? Was He the aggreffor ? Does he attack foreign powers without provoca- tion ? Does he even ref:ft, when .he is infulted ? No, Sir ; if any ideas of ft rife or hollility have en- tered 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 difavowal has the King of Spain at laft confented ? Suppofing it made 240 LETTERS made in proper time, it fhould have been accom- panied:>ith inflant reftitution ; and, if Mr Buc- carelli aled without orders, he deferved death. Now, Sir, inftead of immediate reftitution, we have a four month's negociation ; and the officer, whofe act is difavowed, returns to court, and is loaded with honours. If the actual fituation of Europe be confidered, the treachery of the King's fervants, particularly of Lord North, who takes the whole upon himfelf, will appear in the ftrongeft colours of aggravation. Our allies were mafters of the Mediterranean. The King of France's prefent averfion from war, and the diftraction of his affairs, are notorious. He is now in a ftate of war with his people. In vain did the Catholic King folicit him to take part in the quarrel againft us. His finances were in the laft diforder, and it was probable that his troops might find fufficient employment at home. In thefe circumstances, we might have dictated the law to Spain. There are no terms to which fhe might not have been compelled to fubmit. At the worft, a war with Spain alone carries the faireft promife of advantage. One good effect at leaft \vould have been immediately produced by it. The defertion of France would have irritated her ally, and in all probability have diflblved the family, compact. The fcene is now fatally changed. The advantage is thrown away. The moft favourable opportunity is loft. Hereafter we mail know the value of it. When the French King is reconciled to his fubjects ; when Spain has completed her preparations; when the collected ftrength of the Houfe of Bourbon attacks us at once, the King himfelf will be able to determine upon the wifdom or imprudence of his prefent conduct. As far as the probability of argument extends, we may fafe- ly pronounce, that a conjuncture, which threatens the very being of this country, has been wilfully 4 pre- OF J U N I U S. 2 4 t prepared and forwarded by our own miniftry. How- far the people may be animated to refiftance un- der the prefent adminifiration, I know not ; but this I know with certainty, that, under the pre- fent adminiftration, or if any thing like it fhould continue, it is of very little moment whether we are a conquered nation or not*. Having travelled thus far in the high road of matter of fal, I may now be permitted to wan- der a little into the field of imagination. Let us Lanifh from our minds the perfuafion that thefc events have really happened in the reign of the bell of princes. Let us confider them as nothing more than the materials of a fable, in which we may conceive the Sovereign of fome other coun- try to be concerned. I mean to violate all the laws of probability, when I fuppofe, that this ima- ginary King, after having voluntarily difgraced himfelf in the eyes of his fubjecls, might return to a fenfe of his difhonour -, that he might per- ceive the fnare laid for him by his minifters, and feel a fpark of iliame kindling in his bread. The part he mull then be obliged to aft, would over- whelm him with confuficn. To his parliament he muft fay, I called you together to receive your nd- I'ice, and have r.evcr afkcd your cpinion. -To the merchant, 1 have dift re/fed your commerce ; I have X dragged * Tiie King's acceptance of the Spanifh A mbafTador's declara- tion, is drawn lip in barbarous French, and figned by the Earl of Rochford. This diplomatic Lord has fpent his life in tl>e (turfy and jiraftice of L,tiquftiet t and i; funpofed to be a profound maftcr of the ceremonies. I will not infulr him by -Eiiyreferer.ee to gram- mar or common fenfe ; if he were even acquainted with the com- mon forms of his office, I fhould think him as well qualified for it as iny man in hi? Mcjcity's fervice. The rear'er is requefied to obferve Lord Rnchford's method of authenticating a public inftril- nient. " En foi de quoi, noi fotiffigne, i;n des principaux Sccre- ' taires d' F.tat S. M. B. ai (igne la prefentc de ma fignatnre ordi- ' naire, et iri !e fait appofer ie cachet de KOS Armes." In three lines there are no lefs than feven faife concords. But the man does not even know the ftyleof his office. If he had known it, he would have faid, " next, fuuflJgrc Secretaire d'Eut do S. M. J3, a'jvus " figne, IrV." 4 2 LETT E ft S dragged ycur fecmen out of your fJjips ; I have haded you "with a grievous -weight of insurances. To the landholder, / told you war was too probable, -when I was determined tofubmit to any terms of accommo- dation ; I extorted new taxes from you before it was poflible they could be wanted, and am now unable to account for the application of them. To the public creditor, / have delivered up your fortunes a prey to foreigners and to the vilejl of your fellow -fubj eels. Perhaps this repenting prince miglrt conclude with one general acknowledgment to them all : I have involved every rank of my fubj eels in anxiety and dif- trefs ; and have nothing to offer you in return, but the certainty of national difbonour, an armed truce, and peace without fecur it y. If thefe accounts were fettled, there would ftili remain an apology to be made to his navy and to his army. To the firft he would fay, You were once the terror of the world. But go back to your harbours. A man dishonoured as I am, has no life for your fervicc. It is not probable that he would appear again before his foldiers, even in the paci- fic ceremony of a review *. -But wherever he ap- peared, the humiliating confeflion would be extorr- .ed from him ; / have received a blow and had not fpirit to rcfent it. I demanded fatisfacJion ; and have accepted a declaration, in -which the right to Jlrike me again is ajjertcd and confirmed. His coun- tenance at leaft would fpeak this language, and e- ven his guards would blufh for him. But to return to our argument. The miniflry, it feems, are labouring to draw a line of diftinc- tion between the honour of the Crown and the lights of the People. This new idea has yet been only darted in difcourfe; for in effect both ob- jedts have been equally facrificed. I neither un- derftand the diftin&ion, nor what ufe the mini- ftry * A miflakc. He appears before them every day, with the majk iti blow upon his Lee, OF J U N I U ' S. 2.43 ftry propofe to make of it. The King's honour is that of his people. Their real honour and real in- tereft are the fame. I am not contending for a vain punctilio. A clear unblemiflied character comprehends, not only the integrity that will not offer, but the fpirit that will not fubmit to, an in- jury ; and whether it belongs to an individual or to a community, it is the foundation of peace, of independence, and of fafety. Private credit is wealth ; public honour is fecurity. The feather that adorns the royal bird fupports his flight. Strip him of his plumage, and you fix him to the earth. J U N I U S. LETTER XLIII. TO THE PRINTER OF THE PUBLIC ADVER- TISER. S I R, FEB. 6. 1771. T HOPE your correfpondent Junius is better em- ployed than in anfwering or reading the criti- cifms of a newfpaper. This is a tafk from which, if he were inclined to fubmit to it, his friends ought to relieve him. Upon this principle I fhall undertake to anfwer Anti-Junius; more, I believe, to his conviction than to his fatisfattion. Not da- ring to attack the main body of Juniuis laft letter, he triumphs in having, as he thinks, furprifed an out-poft, and cut off a detached argument, a mere (haggling propofition. But even in this petty war- fare he (hall find himfelf defeated. Junius does not fpeak of the Spanifh nation as the natural enemies of England. He applies that defcription, with the ftricteft truth and juftice, to the Spanilh Court. From the moment when a Prince of the Houfe of Bourbon afcended that throne, their whole fyftem of government was in- verted, and became hoftile to this country. Uni- X 2 ty 244 LETTERS ty of polleffion introduced a unity of politics j and Lewis the fourteenth had reafon when he faid to his grandfon, The Pyrenees are removed." The hiitory of the prefent century is one continued confirmation of the prophecy. The affertion That violence and oppre/un at ' acme can on!y be fupported by treachery and fub- \ mij/icn abroad" is applied to a free people whofe rights are invaded, not to the government of a country where defpotic or abfolute power is con- fefledly veiled in the prince ; and with this applf. cation, the afiertion is true. An abfolute monarch liaving no points to carry at home, will naturally maintain the honour of his crown in all his tranf- athons with foreign powers : But if we could fup- pofe the Sovereign of a free nation, pofli-fled with a defign to make himfelf abfolute, he would be uiconfiftent with himfelf, if he fuffered his pro- jefts to be interrupted or embarrafied by a foreign war, unlefs that war tended, as in fome cafes it might, to promote his principal defign. Of the three exceptions to this general rule of conduct, (quoted by Ami-Junius), that of Oliver Cromwell i3 , ths . cn }7 one in . P int - Harry the Eighth, by the fubmiflion of his parliament, was as abfolute a prince as Lewis the Fourteenth. Qjjeen Eiifa, beth's government was not oppreffive to the people j and as to her foreign wars, it ought to be confi- dered that they were unavoidable* The national honour was not in queftion : She was compelled to fight in defence of her own perfon and of her title to the crown. In the common caufe of fel- /ifh policy, Oliver Cromwell (houid have cultiva- ted the friendfliip of foreign powers, or at lead have avoided difputes with them, the better to efta- blifh his tyranny at home. Had he been only a bad man, he would have facriiiced the honour of the nation to the fuccefs of his domeflic policy. But, with all his crimes, he had the fpirit of an Eng- O F J U N I U S. 2 4 j The conduct of fuch a man muft al- ways be an exception to vulgar rules. He had a- bilities fufficient to reconcile contradictions, and to make a great nation at the fame moment unhappy and formidable. If it were not for the refpeft I bear the minifter, I could name a man, who, with- out one grain of understanding, can do half as much as Oliver Cromwell. Whether or no there be zfecretfyftem in the clo- fet, and what may be the object of it, are que- flions which can only be determined by appear- ances, and on which every man muft decide for hi'-nfdf. The whole plan of Junius's letter proves, that he himfelf makes no diftirxStion between the real honour of the crown and the real Sntereft of the people. In the climax to which your correfpon- dent objects, Junius adopts the language of the Court, and by that conformity gives ftrength to his argument. He fays, that <{ the King has not *' only facrificed the intcrejts of his people, but (.what " was likely to touch him more nearly) his peffonal " reputation and the dignity of his crown." The queries put by Anti-Junius can only be an- fwered by the miniftry. Abandoned as they are s 1 fancy they will not confefs that they have, for fo many years, maintained poiTeffion of another .man's property. After admitting the aflertion of the miniftry viz. that the Spaniards had no right- ful claim y and after juftifying them for faying fo ; it is his bufinefs, not mine, to give us fome good reafon for \ht\r fvffcring the prctenfions of Spain to be afitbjtft of negotiation. He admits the fadls ; let him reconcile them if he can. The laft paragraph brings us back to the origi- nal queftion, Whether the Spanifh declaration contains fuch a fatisfaftion as the King of Great Britain ought to have accepted. This was the field upon which he ought to have encountered X 3 Junius 2 4 6 LETTERS Junius openly and fairly. But here he leaves \\\z argument, as no longer defensible. I (hall there- force conclude with one general admonition to my fellow- fubjects : That when they hear thefe mat- ters debated, they fhould not fuffer themfelves to be milled by general declamations upon the con- leniences 6f peace, or the miferies of war. Be- tween peace and war, abftraledly, there is not, there cannot, be a queftion in the mind of a ra- tional being. The real queftions are, Have we any Jecur"ity, that the peace iue have Jo dearly pur cha- fed iviil iafl a tiuelvernonth ? and if not, Have tue, cr have tue not, facrifced the faire/l opportunity of making war with advantage ? PHILO JUNIUS, LETTER XLIV. ADDRESSED TO THE PRINTER OF THE PUBLIC ADVERTISER. SIR, APRIL 22. 1771. TO write for profit, without taxing the prefs; to write for fame, and to be unknown ; to fupport the intrigue* of f.idlion, and to be difown- cd, as a dangerous auxiliary, by every party in the kingdom \ are contradictions which the minifter mull reconcile, before I forfeit my credit with the public. I may quit the fervice, but it would be abfurd to fufpeci me of defertion. The reputa- tion of thefe papers is an honourable pledge for my attachment to the people. To facrifice a re- fpecled character, and to renounce the efteem of fociety, requires more than Mr Weddcrburne's refolution ; and though in him it was rather a profeflion than a defertion of his principles, (I ipeak tenderly of this gentleman, for when treach- ery is in queflion I think we mould make allow- ances for a Scotchman), yet we have feen him in the OF J. IT N I U S. 247 *he houfe of commons overwhelmed with confu- fion, and almoft bereft of his faculties. But in truth, Sir, I have left no room for an accommo- dation with the piety of St James's. My offences are not to be redeemed by recantation or repent- ance. On one fide,, our warmeft patriots would difclaim me as a burthen to their honed ambition. On the other, the vileft proftitution, if Junius could defcend to it, would lofe its natural merit and influence in the cabinet, and treachery be no longer a recommendation to the royal favour. The perfons who, till within thefe few years, have been mod diftinguifhed by their zeal for high- church and prerogative, are now, it feems, the great affertdrs of the privileges- of the houfe of commons. This fudden alteration of their fenti^ ments or language carries with-it a fufpicious ap- pearance. When I hear the undefined privileges of the popular branch of the legilkture exalted by Tories and Jacobites, at the expence of thofe ftricl: rights, which are known to the fubjeti, and li- mited by the laws, I cannot but fufpecl, that fome mifchievous fcheme is in agitation, to deftroy both' law and privilege, by oppofing them to each other. They who have uniformly denied the power of the whole legiflature to alter the defcent of the crown,, and whofe anceftors, in rebellion againft his Ma- jefty's family, have defended that doctrine at the hazard of their lives, now tell us, that privilege of parliament is the only rule of right, and the chief fecurity of the public freedom. I fear, Sir, that while forms remain, there has been fome material change in the fubftance of our conftitu- tion. The opinions of thefe men were too abfurd to be fo eafily renounced. Liberal minds are open to conviction. Liberal doctrines are capable or improvement. There are profelytesfrom atheifm, but none from fuperftition. If their prefent pro- feflions were fincere, I think they could not but be 248 LETTERS be highly offended at feeing a queRion, concern- ing parliamentary privilege, unneceffarily ftarted at a feafon fo unfavourable to the houfe of com- mons, and by fo very mean and infignificant a perfon as the minor Qnjlo-w. They knew, that the prefent houfe of commons, having commenced ho- ftilities with the people, and degraded the autho- rity of the laws by their own example, v/ere likely enough to be refilled per fas et nefas. If they were really friends to privilege, they would have thought the queRion of right too dangerous to be hazarded at this feafon, and, without the forma- lity of a convention, would have left it unde- cided. 1 have been filent hitherto ; though not from that fhameful indifference about the i-ntereils of focietv which too many of us profefs, and call modera- lion. I confefs, Sir, that I ft It the prejudices of my education, in- favour of a houfe of commons, ilill hanging about me. I thought that a queRion, between law and privilege, could never be brought to a formal decifion, without inconvenience to the public fervice, or a manifefl diminution of le- gal liberty , that it cught therefore to be care- fully avoided : and when 1 law that the violence of the houfe of commons had cirried them too far to retreat, I determined not to deliver a haity opi- nion upon a matter of fo much delicacy and im- portance. The Rate of things is much altered in this coun- try fince it was necelfary to protect our repre- fentatives againR the direct power of the crown. We have nothing to apprehend from prerogative, but every thing from undue influence. Formerly jt was the intereR of the people, that the privi- leges of parliament fhoukl be left unlimited and un- defined. At prefent, it is not only their intereR, but I hold it to be effentially neceflary to the pre- fervation of the conRitution, that the privileges of O F J U N I U S. 249 of parliament (hould be ftrilly ascertained, and confined within the narrowed bounds the nature of their inftitution will admit of. Upon the fame principle on which I would have refilled preroga- tive in the lad century, I now refill privilege. It is indifferent to me, whether the crown, by its own immediate aft, impofes new, and difpenfes with old laws ; or whether the fame arbitrary power produces the fame effects through the medium of the houfe of commons. We trufled our reprefen- tatives with privileges for their own defence and ours. We cannot hinder their defertion, but we can prevent their carrying over their arms to the fervice of the enemy. It will be faid, that I be- gin with endeavouring to reduce the argument concerning privilege to a mere queflion of con- venience , that I deny at one moment vvhat I would allow at another ; and that to refift the power of a proflituted hpufc of commons, may eftablifh a precedent injurious to all future parlia-. ments. To this I anfwer generally, that human affairs are in no inftance governed by flricl pofi. tive right. If change of circumftances were to have no weight in directing our conduct and opi- nions, the mutual intercourfe of mankind would be nothing more than a contention between pcfl- tive and equitable right. Society would be a flate of war, and law itfelf would be injuftice. Oa this general ground, it is highly reafonable that the degree of our fubmiffion to privileges which have never been defined by any pofitive law, fhould be confidered as a queflion of convenience, and pro- portioned to the confidence we repofe in the inte- grity of our reprefentatives. As to the injury we may do to any future and more refpettable houfe of commons, I own I am not now fan uine enough to expect a more plentiful harvefl of p '.rliamentary virtue in one year than another. Our political climate is feverely altered ; and without dwelling upon. 250 LETTERS upon the depravity of modern times, I think no reafonable man will expeft, that, as human na- ture is conftituted, the enormous influence of the crown fhould ceafe to prevail over the virtue of individuals. The mifchief lies too deep to be cu- red by any remedy, lefs than fome great convul- fion, which may either carry back the conftituticn to its original principles, or utterly deftroy it. I do not doubt, that, in the firft feffion after the next election, fome popular meafures may be ad- opted. The prefent houfe of commons have inju* red themfelves by a too early and public profeffion of their principles ; and if a drain of prostitution, which had no example, were within the reach of emulation, it might be imprudent to hazard the experiment too foon. But, after all, Sir, it is very immaterial whether a houfe of commons (hall pre- ferve their virtue for a week, a month, or a year. The influence, which makes a fcpfenmal parlia- ment dependent upon the pleafure of the crown, has a permanent operation, and cannot fail of fuc- cefs. My premiiics, I know, will be denied in argument ; but every man's confeience tells him they are true. It reirains then to be confidered, whether it be for the intereft of the people, that privilege of parliament (which *, in refpeft to the purpofes for which it has hitherto been acquiefced under, is merely nominal) fhould be contracted within fome certain limits? or whether the fub- je fhall be left at the mercy of a power, arbitrary upon- * The neceffity of fecuring the houfe of commons agatnft the' King's po*xr, fo that no interruption might be given cither to the attendance of the members in parliament, or to the freedom of de- bate, was the foundation of parliamentary piivilcge; and we may oblerve, in all the uddrtilcs of new-appointed Speakers to the So- vereign, the utmoft piivilege they demand is liberty of fpeech and' freedom from atrells. 'Ihe very word friviltge means i;O more than immunity, or a fafrgnard to the party who pofTcflls it, and can never be couflrucd into an aflivc power of invading the rights #f others. OF J U N I U S. 251 upon the face of it, and nororioufly under the di- rection of the crown. I do not mean to decline the queftion of right on the contrary, Sir, I join iflue with the advo- cates for privilege; and affirm, that, "excepting << the cafes wherein -the houfe of commons are a " court of judicature, (lo which, from the nature of their office, a coercive power muft belong), and excepting fuch contempts as immediately ' interrupt their proceedings, they have no legal " authority to imprifon any man for any fuppofed < violation of privilege whatfoever." It is not pretended, that privilege, as now claimed, has ever been defined or confirmed by ftatute ; neither can it be faid, 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 exiftence of a houfe of commons. As for the law of parliament, it is only another name for the privilege in queftion; and fince the power of creating new privileges has been formally renoun- ced by both houfes, fince there is no code in which we can ft-udy the law of parliament, we have but one way left to make ourfelves acquainted with it, that is, to compare the nature of the inftitu- tion of a houfe of commons with the fats upon record. To eftablifh a claim of privilege in either houfe, and to diilinguifh original right from ufur- pation, -it niuft appear, that it is indifpenfably ne- ceflary for the performance of the du-ly they are employed in, and alfo that it has been uniformly allowed. From the firft part of this defcription, k follows clearly, that whatever privilege does of right belong to the prefent houfe of commons, did equally belong to .the firft afiembly of their prede- eeffbrs ; was as completely vefted in them, and might have been eicercifed in the fame extent. From the fecond, we muft infer, that privileges, which for feveral centuries were not only never al- lowed, 252 LETTERS lowed, but never even claimed by the houfe of commons, muft be founded upon ufurpaticn. The confUtutional duties of a houfe of commons are not very complicated nor myfterious. They are to propofe or afient to wholefome laws for the bene- fit of the nation. They are to grant the neceflary aids to the king; petition for the redrefs of grie- vances ; and profecute treafon or high crimes a- gainft the flate. If unlimited privilege be necef- fary to the performance of thefe duties, we have reafon to conclude, that, for many centuries after the inflitution of the houfe of commons, they were never performed. I am not bound to prove a negative ; but 1 appeal to the Englifh hiftory, when I affirm, that, with the exceptions already ftated, (which yet I might fafely relinquish), there is no precedent from the year 1205 to the death of Queen Elizabeth, of the houfe of commons ha- ving imprifoned any man (not a member of their houfe) for contempt or breach of privilege. In the mod flagrant cafes, and when their acknow- ledged privileges were rnofk grofsly violated, the poor Ccmrr.onSy ag they then ftyled themfelves, ne- ver took the power of punifhrnent into their own hands. They either fought redrefs by petition to the King, or, what is more remarkable, applied for juftice to the houfe of Lords ; and when iatif- facHon was denied them or delayed, their only re- medy was to refufe proceeding upon the King's bufinefs. So little conception had our anceftors of the monftrous dolrines now maintained con- cerning privilege, that, in the reign of Elizabeth, even liberty of fpeech, the vital principle of a de- liberative affembly, was restrained by the Queen's authority to a fimple aye or no ; and this rcftric- tion, though impofed upon three fucceffive parlia- ments*, was never once difputed by the houfe of commons. K I * In the year 159-3 '597 ar ^ j631 - O F J U N I U S. 253 I know there are many precedents of arbitrary commitments for contempt: but, befides that they are of too modern a date to warrant a prefump- tion that fuch a power was originally vefted in the houfe of commons, Faft alone does not conflitute Right. If it does, general warrants were lawful. An ordinance of the two houfes has a force e- qual to law; and the criminal jurifdi&ion afrit- med by the Commons in 1621, in the cafe of Ed- ward Loyd, is a good precedent to warrant the like proceedings againft any man, who (hall unad- vifedly mention the folly of a king, or the ambi- tion of a princefs. The truth is, Sir, that the greateft and moft exceptionable part of the privi- leges now contended for, were introduced and af- ferted by a houfe of commons which aboliflied both monarchy and peerage, and whofe proceed- ings, although they ended in one glorious at of fubftamial juftice, could no way be reconciled to the forms of the conftitution. Their fucceflors profited by the example, and confirmed their power by a moderate or a proper ufe of it. Thus it grew by degrees, from a notorious innovation at one period, to be tacitly admitted as the privilege of parliament at another. If, however, it could be proved, from confide- rations of neceflity or convenience, that an unli- mited power of commitment ought to be intrufled to the houfe of commons, and that in faR they have exercifed it without oppofition, dill, in con- templation of law, the prefumption is ftrongly againft 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 courfe to carry it into efFed. Let the power now in queftion be tried by this rule. The fpeaker iflues his warrant of at- tachment. The party attached either refifts force with force, or appeals to a magiflrate, who de- Y clare* .; 4 LETTERS clares the warrant illegal, and discharges the pri- foner. Does the law provide no legal means for enforcing a legal warrant ? Js there no regular proceeding pointed out ia our law-books to afiert and vindicate the authority of fo high a court as the houfe of commons ? The queftion is anfwered dire&ly by .the fact. Their unlawful commands are refifted, and they have no remedy. The im- prifonment of their own members is revenge in- deed, but it is no afiertipn of the privilege they contend for *. Their whole proceeding (lops ; and there they (land, afhamed to retreat, .and un- able to advance. Sir, thefe ignorant men fhould be informed, that the execution of the laws of England is not left in this uncertain defencelefs condition. If the procefs of the courts of Weft- minfter-hall be refitted, they have a direct coyrfe fufficient to enforce fubmiffion. The court of King's-Bench commands the fheriff to raife the foffe comitatus. The Courts of Chancery and Ex- chequer iffue a -writ of rebellion; which mud alfo be fupported, if neceflary, by the power of the county. To whom will our honeft reprefentatives direct their writ of rebellion ? The guards, I doubt not, are willing enough to be employed ; but they know nothing of the doctrine of writs, and may think it neceflary to wait for a letter from Lord Barrington. It may now be objected to me, that my argu- ments prove too much : for that certainly there may be inftances of contempt and infult to the houfe of commons, which do not fall within my own exceptions; yet, in regard to the dignity of the houfe, ought not to pafs unpunished. Be it fo. * Upon t'.e'r rvvn principles, they fiiotild have ccmmi'tcd Mr "Wilkes, who had been guilty of a greater offence than cv; n ihe Lord Mayor or Alderman Oliver. But after repeatedly ordering him to attend, they at lad adjourned beyond the day appointed for his attendance ; and by this mean, pitiful evafion, g\\ point. Such is the force of cortfck'us guilt ! OF J U N I U S. 25$ fo. The courts of criminal jurifdi&ion are open to profecutions, which the Attorney-General may commence by information or indictment. A libel, tending to aiperfe or vilify the houfe of commons, or any of their members, may be as feverely pu- niflied in the court of King's-Bench as a libel up- on the King. Mr de Grey thought fo, when he drew up the information upon my letter to his Ma- jefty, or he had no meaning in charging it to be a fcandalous libel upon the houfe of commons. In my opinion, they would confult their real dignity 1 " much better, by appealing to the laws when they are offended, than by violating the firft principle of natural juftice, which forbids us to be judges" when we are parties to the caufe *". I do not mean to purfue them through the re- mainder of their proceedings. In their firit refo- lutions,. it is poffible they might have been decei- ved by ill-confidered precedents. For the reft, there is no colour of palliation or excufe. They' have advifed the King to refume a power of difpen- fing with the laws by royal proclamation f j and ICings, we fee, are ready enough to follow fuch' Y 2 advice. * " If it be demanded, in cafe a fr.bjeft (hould be committed by either houfe for a matter manifeftly out of their jurifdittion, what remedy can he have? I anfwer, That it cannot well be imagined, that the law, which favours nothing more than the liberty of the fubjecl, /hould give us a remedy againft commit* ments by the King himfelf, appearing to be illegal, and yet give us no manner of redrefs againft a commitmeiit by our fellow - fubjc-fts, equally appearing to be unwarranted. But as this is a cafe which- 1 am perfuaded will never happen, it feeins needlefs over-niccly to examine it." Haivtins, ii, no. JV. 2?. He was a good lawyer, but no prophet. f That iheir practice might be every way conformable to their principle', the houfe proceeded to advife the crown to pitblifh a proclamation, univerfally acknowledged to be illegal, Mr More- ron publicly protefted againft it before it was ilfued ; and Lord Mansfield, though not fcrupulous to an extreme, fpeaks of it wyK- horror. It is remarkable enough, that the very men who advilcd the proclamation, and who hear it arraigned every day both within doors and without, are not daring enough to utter one word in its defence; nor have they ventured to take the leaft notice of Mr \Vilkc-s for discharging the pejfons apprehended under it, 256 LETTERS advice. By mere violence, and without the {ha* dow of right, they have expunged the record of a judicial proceeding *. Nothing remained, but to attribute to their own vote a power of (topping the whole distribution of criminal and civil juflice. The public virtues of the chief magiiliate have long Once ceafed to be in queftion. But it is faid, that he has private good qualities ; and I niyfelf have been ready to acknowledge them. They are now brought to the tell. If he loves his people, he will difTolve a parliament which they can never confide in or refpecl. If he has any regard for his own honour, he will difdain to be any longer con- netted with fuch abandoned proftitution. But, if it were conceivable, that a King of this country had loft all fenfe of perfonal honour, and all con- cern for the welfare of his fubjels, I confefs, Sir, I fhould be contented to renounce the forms of the conftitution once more, if there were no other way to obtain fubftantial juflice for the people f. J U N I U S. * Lord Chatham very properly called this the aft of a mob, no* of a frnate. f When Mr Wiikes was to he punifhed, they made no fcruple about the privileges of parliament : and although it was as well known as any matter of public record and uninterrupted cuftom could be, tiat the members of either koufi are priviltgcil, except in taft af treafiH, felony, or breach of fsace, they declared without he- fitalion, that frivilige of fariiafften* did net extend to. tbe caff tf a fe~ cktiout libel; and undoubtedly they would have done the Came if Mr Wiikes had been proiecutcd for any other mifJemeanmir what- ioever. The miniftry .ire of a fuddcn grown wonderfully careful of privileges, which their predict (Tors w? re as ready to inv-.('.e. The known laws of the land, the rights of the fnbjeft, the laxity of charters, and the reverence due to our msgiflrates, mull .ill give way, without queftion or refifhnce, to a privilege of which no man knows either the origin or the cx'ent. The hmtft of com- mons judge of their own privileges without appeal; they may lake offence at the mofl innocent action, and impiiion t!>e pcif n who offends them during their arbitrary will and pleafuie. The partv has no remedy ; he cannot appeal from their juriidiction ; mid if he qncftions the privilege which lie is iiippofed to have vio- lated, it becomes an aggravation of his oifcnce. Surely trine is not to be found in Magna Char-a. If it be adnnttcd with- C".t 1-mitation, 1 i-fSrm that there ii j.tither lav; nor liberty in this O F J U N-I U S. 257 LETTER XLV. TO THE PRINTER OF THE PUBLIC ADVER- TISER. SIR, MAY i. 1771. THEY who object to detached parts of Ju- nius' s laft letter, either do not mean him fair- ly, or have not confidered the general fcope and courfe of his argument. There are degrees in all the private vices: Why not in public proflitution? The influence of the crown naturally makes a feptennial parliament dependent. Does it follow that every houfe of commons will plunge at once into the lo-weft depths of prostitution ? Junius fup- pofes, that the prefent houfe of commons, in go- ing fuch enormous lengths, have been imprudent to tbcmfelveS) as well as wicked to the public j that their example is net -within the reach of emula- tion ; and that, in the firft feffion after the next election, fonts popular meafures may probably be . adopted. He does not expect that a diflblution of parliament will deflroy corruption, but that at leail it will be a check and terror to their fuccef- fors, who will have feen that, in flagrant cafes t their conilituents can and -will interpofe with effect. After all, Sir, will you not endeavour to removs or alleviate the molt dangerous fymptoms, becaufe you cannot eradicate the difeaie.? Will you not punilh treofin-QT parricide, becaufe the fight of a gibbet does not prevent highway robberies? When the main argument of Junius is admitted to be un- anfwerable, I think it would become the minor critic, who hunts for blemilhes, to be a little more diftruftful of his own fagacity, The other objec- tion is hardly worth an anfwer. When Junius obferves, that Kings are ready enough to follow fuch advice, he does not mean to infmuate, that, Y 3 if kingdom. We are the (laves oi the houfe of commons ; and, thro' them, we arc the flaves of the King and Lis minifiers. Anan 258 LETTERS if the advice of parliament were good, the King would be fo ready to follow it. PHILO JUNIUS. LETTER XLVI. ADDRESSED TO THE PRINTER OF THE PUBf! ADVERTISER. SIR, MAY ^2. 1771, \7ERY early in the debate upon the dc-cifion of the Middlefex election, it was well obferved by Junius, that the houfe of commons had not only exceeded their boafted precedent of the ex- pulfion and fubfequent incapacitation of Mr Wai- pole, but that they had not even adhered to it llri&ly as far as it went. After convicting Mr Dyfon of giving a falfe quotation from the jour- nals, and having explained the purpofe which that contemptible fraud was intended to anfwer r he proceeds to ftate the vote itfelf by which Mr Walpole's fuppofed incapacity was declared, viz. " Refolved, That Robert Wai-pole, Efq; having 91 been this fefiion of parliament committed a pri- *' foner to the Tower, and expelled this houfe for ( a high breach of truft in the execution of his *' office, and notorious corruption when fecretary " at war, was, and is, incapable of being elected " a member to ferve in this prefent parliament :" And then obferves, that, from the terms of the x r ote, we have no right to annex the incapacitation to the expulfion only ; for that, as the propofition ftands, it mull arife equally from the expulfion and the commitment to the Tower. I believe, Sir, no man, who knows any thing of dialectics, or who underftands Englifh, will difpute the truth and fairnefs of this conftruclion. But Junius has a great authority to fupport him; which, to fpeak with the Duk of Grafton, I accidentally met with this OF J U N I U S. 2.59; this morning in the courfe of my reading. It con- tains an admonition, which cannot be repeated- too often. Lord Sommers, in his excellent Tract upon the Pughts of the People, after reciting the votes of the convention of the 28th of January 1689, viz. " That King James the Second, ha- " ving endeavoured to fubvert the conftitution of' *< this kingdom, by breaking the original contract " between King and People; and, by the advice of " Jefuits and other wicked perfons, having violated " the laws, and having withdrawn himfelf out of' " this kingdom, hath abdicated the government, *' &c." makes this obfervation upon it : " The " word abdicated relates to a// the claufes aforego- *' ing, as well as to his deferring the kingdom, or t( elfe they would have been wholly in vain-" And,, that there might be no pretertre fur confining the abdication merely to the withdrawing, Lord Som- mers farther oblerves, That King James, by refufing to govern us according to that law by -which he held 1 the crown, did implicitly renounce his title to it. If Junius's conftruclion of the vote againft Mr Walpole be now admitted, (and indeed I cannot comprehend how it can honeftly be difputed), the advocates of the houfe of commons mud either give up their precedent entirely, or be reduced to the necefiityof maintaining one of the groffeft ab- furdities imaginable, viz. " That a commitment to " the Tower is a conftituent part of, and contri- " butes half at leaft to, the incapacitation of the " perfon who fuffers it." I need not make you any excufe for endeavour*. ing to keep alive the attention of the public to the decifion of the Middlefex election. The more I confider it, the more I am convinced, that, as a faff, it is indeed highly injurious to the rights of the people ; but that, as a precedent, it is one of the mod dangerous that ever was eftablifhed againft thofe who are to come after us. Yet I am fo far Z 6o LETTERS a moderate man, that I verily believe the majority of the houfe of commons, when they patted this dangerous vote, neither underftood the queftion r nor knew the confequence of what they were do- ing. Their motives were rather defpicable, than criminal in the extreme. One effeV. they certain- ly did not forefee. They are now reduced to fucfr a fituation, that if a member of the prefent houfe of commons were to conduct himfelf ever fo im- properly, and in reality deferve to be fent back to his conftituents with a mark of difgrace, they 4 would not dare to expel him ; becaufe they know that the people, in order to try again the great quetbion of right r or to thwart an odious houfe of commons, would probably overlook his immediate un worth) nefc, and return the fame perfon to par- liament. But, in time, the precedent will gain ftrength. A future houfe of commons will have nor fuch apprchenfions> consequently will not fcruple to follow a precedent which they did not eftablifh.. The mifer himfelf feldom lives to enjoy the fruift of his extortion ; but his heir Succeeds to him of courfe, and takes pofleffion without cenfure. No- man expecls him to make reftitution (and, no mat- ter for his title, he lives quietly upon the eitate. P H I L O J U N I U S> LETTER XLVII. TO THE PRINTER OF THE PUBLIC ADVER- TISER. SIR, MAY 25. 1771. I CONFESS my partiality to Junius, and feel a considerable pleafure in being able to commu- nicate any thing to the public in fupport of his opinions. The do6liine laid down in his laft let- ter, concerning the power of the houfe of com- mons to commit for contempt, is not fo new as it appeared O F J U N I U S. 2<5i appeared to many people j who, dazzled with the name of privilege, had never fuffered themfelves to examine the queftion fairly. In the courfe of my reading this morning, I met with the following pafiage in the Journals of the Houfe of Commons, (Vol. I. page 603.) Upon occafion^of a jurifdic- tion unlawfully alfumed by the houfe in the year 1621, Mr Attorney General Noye gave his opinion as follows : " No doubt but, in fome cafes, this " houfe may give judgment; in matters of re- *' turns, and concerning members of our houfe, " or falling out in our view in parliament*, but, " for foreign matters, knoweth not how we can " judge it. Knoweth not that we have been ufed " to give judgment in any cafe, but thofe before- " mentioned." Sir Edward Coke, upon the fame fubject, fays, (page 604.) " No queftion but this is a houfe of f( record, and that it hath power of judicature in " fome cafes ; have power to judge of returns " and members of our houfe ; one, no member, " offending out of the parliament, -uteri he came (( hither andjuftified it, was cenfured for it/' Now, Sir, if yot^will compare the opinion of thefe great fages of the law with Junius's doctrine, you will find they tally exactly. He allows the power of the houfe to commit their own members; (which, however, they may grofsly abufe :) He allows their power in cafes where they are acting as a court of judicature, viz. elections, returns, c : And He allows it in fuch contempts as im- mediately interrupt their proceedings ; or, as Mr No ye exprefles it, falling out in their view in par* Hamt 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 ourfelves, we contradict the fpi- rit 262 LETTERS. rit of our laws, and we fhake the whole fyftem of Jinghfn junfprudence, whenever we intruft a dif- cretionary power over the life, liberty, or fortune of the fubjer, to any man or fet of men whatfo- ever, upon a preemption that it will not be abufed. PHILO J UN I US, ,j LETTER XLVIII. TOTHEPRINTEROFTHEPU3LICADVERTISER, ' SI R. MAY 28. 1771. I A NY man, who takes the trouble of perufinjr the journals of the houfe of commons, will loon be convinced, that very little, if any regard' f at all, ought to be paid to the refolutions of one branch of the legiflature, declaratory of the law of the land, or even of what they call the law of parliament. It will appear that thefe refolutions have no one of the properties, by which, in this country particularly, law is diftinguifhed from 1 mere -utiH and pleafure; but that, on the contrary, they bear every mark of a power arbitrarily aflum- cd, and capricioufly applied : That they are ufual- ly made in times of corned, and to ferve fome un- worthy purpofe of paflion or party;. that the law is feldom declared until after the fad by which it is fuppofed to be violated ; that legislation and jurifdidion are united in the fame pwfons, and exercifed at the fame moment ; and that a court,, from which there is no appeal, aflumes an original junfdidion in a criminal cafe: in fhort, Sir, to collect a thoufand abfurdities into one mafs, " we 11 have a law, which cannot be known becaufe it u is ex poftfafto, the party is both legiflator and "judge, and the jurifdidHon is without appeal." Well m ,ght the judges fay, The law of parliament is above us. You, O F J U N I U S. 263 You will not wonder, Sir, that, with thefe qua* lifications, the declaratory refolutions of the houfe of commons fhould appear to be in perpetual coa- tradition,not only to, common fenfe and to the laws we are acquainted with, (and v/hich alone we caa obey), but even to one another. I was led to trouble you with thefe obfervations by a paiTage, whicbj to fpeak in luteftring, / met ivith this morning in the courfe of my rtading, and upon which I mean to put a queftion to the advocates for privilege. On the 8th .of March 1704, (yide Journals, Vol. XIV. p. 565.) the houfe thought proper to come to the following refolutions. i. " That no 11 commoner of England, committed by the houfe of commons for breach of privilege, or contempt " of that houfe, ought to be, by any writ of Ha- (< beas Corpus, made to appear in any other place, ." or before any other judicature, during that fef- " fion of parliament wherein fuch perfon was fo -* committed." 2. " That the Serjeant at Arms,, attending this { houfe, do make no return of or yield any obe- " dience to the faid writs of Habeas Corpus ; and, " for fuch his refufal, that he have the prpteftiqa ff of the houfe of commons *." Welbore Ellis, What fay .you ? Is this the law- of parliament, or is it not ? 1 am a plain man, Sir, and cannot follow you .through the phlegmatic forms of an oration. Speak out, Grildrig ; fay yes., pr no. If you fay yes, I fhail then inquire by what . autho- * If there be in .reality any fuch law in England as the leiv of pirliament^ which (under the exceptions llated in rr. y letter on pr.vilegc) I confcfs, after 4ong deliberation, I vsiy nu ch doubt, it certainly is not conftituted by, nor on it be collected from, the j\;folutions of tit her houfe, whether enacting or declaratory. I de- fire the reader will copipare the above refojution ot the year 1704, v.i'h the following of the 3d of April 1618. " Htfol-veJ, I'hac " the writ of Habeas Corpus cannot be denied, In t ou^ht to Le '' granted to every man that is committed or detained iri prifon, or '/ otherwife retrained, by the command of the King, the Piivy " Council, or any vtler, he praying the fame. 1 ' 664 LETTERS authority Mr De Grey, the honeft 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 houfe of commons had, in a fimilar inftance, declared to be unlawful. If you fay no y take care you do not at once give up the caufe in fupport of which you have fo long and fo laborioufly tortured your underftanding. Take care you do not confefs that there is no teft by which we can didinguiih, no evidence by which we can determine, what is, and what is not, the law of parliament. The refolutions I have quoted fland upon your journals, uncontroverted and unre- pealed : they contain a declaration of the law of parliament by a court competent to the queflion, and whofe decifion, as you and Lord Mansfield fay, mud be law, becaufe there is no appeal from it j and they were made, not haftily, but after long deliberation upon a conftitutional queftion. What farther fan&ion or folemnity will you an- nex to any refolution of the prefent houfe of com- mons, beyond what appears upon the face of thofe two refolutions, the legality of which you now deny ? If you fay, that parliaments are not infal- lible ; and that Queen Ann, in confequence of the violent proceedings of that houfe of commons, was obliged to prorogue and diflblve them ; I (hall agree with you very heartily, and think that the precedent ought to be followed immediately. But you, Mr Ellis, who hold this language, are incon- fiftent with your own principles. You have hi- therto maintained that the houfe of commons are the fole judges of their own privileges, and that their declaration docs ipfo fafto constitute the law of parliament : yet now you confefs that par- liaments are fallible, and that their refolutions may be illegal ; coufequently that their refolutions do 4 net O F J U N I U S. 265 not conftitute the law of parliament. When the King was urged to diflblve the prefent parliament, you advifed him to tell his fubje&s, that he was careful not to affume any of thofe powers "which the conjlitution had placed in other hands, &c. Yet Queen Anne, it feems, was juftified in exerting her prerogative to (top a houfe of commons, whofe proceedings, compared with thofe of the aflembly of which you are a moft worthy member, were the perfection of juftice and reafon. In what a labyrinth of nonfenfe does a man in- volve himfelf who labours to maintain falfehood by argument? How much better would it become the dignity of the houfe of commons to fpeak plain- ly to the people, and tell us at once, that their ivill muft be obeyed, not becaufe it is lawful and reafon- able y but becaufe it is their -will? Their conftituents would have a better opinion of their candour, and, I promife you, not a worfe opinion of their inte- grity. PHILO JUNIUS; LETTER XLIX. TO HIS GRACE THE DUKE OF GRAFTOX. MY LORD, JUNE 22. 1771. npHE profound refpeft I bear to the gracious *- Prince who governs this country with no lefs honour to himfelf than fatisfalion to his fubjecls, and who reftores you to your rank under his (lan- dard, will fave you from a multitude of reproaches. The attention I fhould have paid to your failings is involuntarily attracted to the hand that rewards them ; and though I am not fo partial to the royal judgment, as to affirm, that the favour of a King can remove mountains of infamy, it ferves to lef- fen at lead, for undoubtedly it divides, the burden. While I remember how much is due to his facred Z cha- 266 LETTERS chara&er, I cannot, with any decent appearance of propriety, call you the meaneft and the bafeft fellow in the kingdom. I proteft, my Lord, I do not think you fo. You will have a dangerous ri- val in that kind of fame to which you have hi- therto fo happily directed your ambition, as long as there is one man living who thinks you worthy of his confidence, and fit to be trufted with any fhare in his government. I confefs you have great intrinfic merit; but take care you do not value it too highly. Confider how much of it would have been loft to the world, if the King had not gra- cioufly affixed his ftamp, and given it currency a- mong his fubjedts. If it be true that a virtuous man, ftruggling with adverfity, be a fcene worthy of the gods, the glorious contention between you and the beft of Princes deferves a circle equally attentive and refpelable : I think I already fee ci- ther gods rifing from the earth to behold it. But this language is too mild for the occafion. *Phe King is determined that our abilities (hall not be loft to fociety. The perpetration and defcrip- tion of new crimes will find employment for us both. My Lord, if the perfons who have been loudeft in their profeflions of patriotifm, had done their duty to the public with the fame zeal and perfeverance that I did, I will not affert that go- vernment would have recovered its dignity, but at lead our gracious Sovereign muft have fpared his fubjecls this Lift infuit*j which, if there be any feeling left among us, they will refent more than even the real injuries they received from every meafure of your Grace's adminiftration. In vain would he have looked round him for another cha- racter fo confummate as yours. Lord Mansfield fbrinks from his principles ; his ideas of govern- ment perhaps go farther than your own, but his heart difgraces the theory of his underilanding. Charles * The Duke was lately appointed LorJ Privy Seal. O F J U N I U S. 267 Charles Fox is yet in bloflbm ; and as for Mr Wed- derburne, there is fomething about him which even treachery cannot truft. For the prefenr, therefore, the beft of Princes muft have contented, himfelf with Lord Sandwich. You would long fince have received your final difmiflion and re- ward ; and I, my Lord, who do not efteem you the more for the high office you poflefs, would willingly have followed you to your retirement. Th re is furely fomething fmgularly benevolent in the character of our Sovereign. From the mo- ment he afcended the throne, there is no crime, of which human nature is capable, (and I call upon the Recorder to witnefs it), that has not appeared venial in his fight. With any other Prince, the fhameful defcrtion of him in the midft of that di- ftrefs which you alone had created, in the very crifis of danger, when he fancied he faw the throne already furrounded by men of virtue and abilities, would have outweighed, the memory of your for- mer fervices. But his Majefty is full of juftice, and underftands the doctrine of compensations. He remembers with gratitude how foon you had accommodated your morals to the neceffity of his fervice ; how cheerfully you had abandoned the engagements of private friendfhip, and renounced the moil folemn profeflions to the public. The facrifice of Lord Chatham was not loft upon him. Even the cowardice and perfidy of deferring him may have done you no difTervice in his efteem. The inftance was painful, but the principle might pleafe. You did not neglect the magiftrate, while you flattered the man. The expulfion of Mr "Wilkes, predetermined in the cabinet , the power of de- priving the fubjeft of his birthright, attributed to a refolution of one branch of the legiflature ; the conftitution impudently invaded by the houfe of commons; the right of defending it treacheroufly Z 2 re- 268 LETTERS renounced by the houfe of lords thefe are the flrokes, my Lord, which, in the prefent reign, re- commend to office, and conftitute a minifter. They would have determined your Sovereign's judg- ment, if they had made no impreflion upon his heart. We need not look for any other fpecies of merit to account for his taking the earlieft oppor- tunity to recal you to his councils. Yet you have other merit in abundance. Mr Hine, the Duke of Portland, and Mr Yorke : Breach of truft, robbery, and murder. You would think it a compliment to your gallantry, if I added rape to the catalogue ; but the ftyle of your amours fecures you from refiftance. I know how well thefe feveral charges have been defended. In the iirft inftance, the breach of truft is fuppofed to have been its own reward. Mr Bradfhaw affirms upon his honour, (and fo may the gift of fmiling never depart from him !) that you referved no part of Mr Hine's purchafe-money for your own ufe, but that every (lulling of it was fcrupuloufly paid to Governor Burgoyne. Make hafte, my Lord ; another patent, applied in time, may keep the OAKS* in the family. If not, Birnham-Wood, I fear, muft come to the Macaroni. The Duke of Portland was in life your earlieft friend. In defence of his property he had nothing to plead but equity againft 8ir James Lowther, and prefcription againft the crown. You felt for your friend ; but the laiu muft take its courfe. Po- fterity will fcarce believe that Lord Bute's fon-in- law had barely intereft enough at the treafury to get his grant completed before the general elec- tion f. Enough * A fuperb villa of C-jI. Burgoyne, about tliis time advertised for falc. f It will appear by a fubftquent Liter, that the Duke's precipi- tation proved fatal to the grant. It looks like the huiry aiul con- fufion of a young highwayman, who takes a few (hillings, but Icuvti the purfe and waich behind him '. And yet the Duke WuS an old ortlndcr! OF J U N I U S. 26> Enough has been faid of that deteflable tran- faftion which ended in the death of Mr Yorke; I cannot fpeak of it without horror and compaf- fion. To excufe yourfelf, you publicly impeach your accomplice; and to his mind perhaps the ac- cufation may be flattery. But in murder you are both principals. It was once a queftion of emu- lation ; and, if the event had not difappointed the immediate fchemes of the clofet, it might ftill have been a hopeful fubject of jeft and merriment be- tween you. This letter, my Lord, is only a preface to my future correfpondence. The remainder of the fum- mer (hall be dedicated to your amufement. I mean now and then to relieve the feverity of your morn- ing ftudies, and to prepare you for the bufinefs of the day. Without pretending to more, than Mr Bradfhaw's fincerity, you may rely upon my at- tachment as long as you are in office. Will your Grace forgive me, if I venture to ex- prefs fome anxiety for a man whom I know you do not love ? My Lord Weymouth has cowardice to plead, and a defertion of a later date than your own. You know the privy-feal was intended for him ; and, if you confider the dignity of the pofb he deferted, you will hardly think it decent to quar- ter him on Mr Rigby. Yet IK- muft have bread, my Lord ; or rather he muft have wine. If you deny him the cup, there will be no keeping him. within the pale of the miniftry,,. JUNIUS.- LETTER L. TO HIS GRACE THE DUKE OF GRAFTON. MY LORD, JULY 9. 177?- r PHE influence of your Grace's fortune (till feems* * to prefide over the treafary. The genius of. Z. 3 Ma- 270 LETTERS Mr Bradfhaw infpires Mr Robinfon *. How re- markable it is, (and I fpeak of it not as matter of reproach, but as fomething peculiar to your chara&er,) that you have never yet formed a friendfhip which has not been fatal to the object of it ; nor adopted a caufe, to which, one way or other, you have not done mifchief ! Your attach- ment is infamy while it lafts; and, whichever way it turns, leaves ruin and difgrace behind it. The deluded girl who yields to fuch a profligate, even while he is conftant, forfeits her reputation as well as her innocence, and finds herfelf aban- doned at lad to mifery and fhame. Thus it hap- pened with the beft of Princes. Poor Dingley too ! I proteft I hardly know which of them we ought mod to lament , the unhappy man who finks undftr the fenfe of his dimonour, or him who furvives it. Characters, fo finifhed, are placed beyond the reach of panegyric. Death has fixed his feal upon Dingley ; and you, my Lord, have fet your mark upon the other. The only letter I ever addreffed to the King was fo unkindly received, that I believe I fhall ne- ver prefume to trouble his Majefty in that way again. But my zeal for his fervice is fuperior to neglec~l ; and, like Mr Wilkes's patriotifm, thrives by perfecution. Yet his Majefty is much addi&ed to ufeful reading ; and, if I am not ill informed, has honoured the Public Advertifer with particular attention. I have endeavoured therefore, and not without fuccefs, (as perhaps you may remember), to furnifh it with fuch interesting and edifying in- telligence, as probably would not reach him thro* any other channel. The fervices you have done the nation, your integrity in office, and fignal fidelity to your approved good Mailer, have been faith* * By an intercepted letter from the Secretary of the Treaftiry, it appeared, that tin' friends of government "were to Li wry utfivi ill fup- f rtin the miniftcriul nomination of Iheriffs. O F J U N I U S. 271 faithfully recorded. Nor have his own virtues been entirely neglected. Thefe 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 bed of Princes, is by this time not only perfectly known to his fubjccts, but tolerably well underftood by the reft of Europe. In this refpect alone I have the advantage of Mr Whitehead. His plan, I think, is too narrow. He feems to manufacture his verfes for the fole ufe of the hero who is fuppofed to be the fubject of them ; and, that his meaning may not be export- ed in foreign bottoms, fets all tranflation at de- fiance. Your Grace's re-appointment to a feat in the cabinet, was announced to the public by the omi- nous return of Lord Bute to this country. When that noxious planet approaches England, he never fails to bring plague and peftilence along with him. The King already feels the malignant ef- fect of your influence over his counfels. Your former adminiftration made Mr "Wilkes an alder- man of London, and reprefentative of Middlefex. Your next appearance in office is marked with his election to the (hrievalty. In whatever meafure you are concerned, you are not only difappointed of fuccefs, but always contrive to make the go- vernment of the beft of Princes contemptible in his own eyes, and ridiculous to the whole world. Making all due allowance for the effect of the mi- nifter's declared interpofition, Mr Robinfon's acti- vity, and Mr Home's new zeal in fupport of ad- miniftration, we ftill want the genius of the Duke of Grafton to account for committing the whole intereft of government in the city to the conduct of Mr Harley. 1 will not bear hard upon your faithful friend and emiflary Mr Touchit j for I know the difficulties of his fituation, and that a few lottery-tickets are of ufe to his ceconomy. There 272 LETTERS There is a proverb concerning perfons in the pre- dicament of this gentleman, which, however, can- not be ftriclly applied to him : They commence dupes, andfinijlj knaves. Now Mr Touchit's character is uniform. I am convinced that his fentiments never depended upon his circumftances, and that in the moft profperous ftate of his fortune he %vas always the very man he is at prefent. But was there no other perfon of rank and confequence in the city, whom government could confide in, but a noto- rious Jacobite ? Did you imagine that the whole body of the Diffenters, that the whole Whig inte- reft of London, would attend at the levee, and fubmit to the directions, of a notorious Jacobite ? Was there no Whig magistrate in the city, to whom the fervants of George the Third could in- truft the management of a bufinefs fo very inte- refting to their mafter as the election of fherifFs ? Is there no room at St James's but for Scotchmen and Jacobites ? My Lord, I do not mean to que- ftion the fincerity of Mr Harley's attachment to his Majefty's government. Since the commence- ment of the prefent reign, I have feen (till greater contradictions reconciled. The principles of thefe worthy) Jacobites are not fo abfurd as they have been reprefented. Their ideas of divine right are not fo much annexed to the perfon or family, as to the political character of the Sovereign. Had there ever been an honeft man among the Stuarts, his Majefty's prefent friends would have been Whigs upon principle. But the converfion of the beft of Princes have removed their fcruples. They have forgiven him the fins of his Hanoverian an- ceftors, and acknowledge the hand of Providence in the defcent of the crown upon the head of a true Stuart. In you, my Lord, they alfo behold*, with a kind of predilection which borders upon loyalty, the natural representative of that illuftri. ous family. The mode of your defcent from; Charts O F J U N I U S. 273 Charles the Second, is only a bar to your preten- Cons to the crown, and no way interrupts the re- gularity of your fucceflion to all the virtues of the Stuarts. The unfortunate fuccefs of the Reverend Mr Home's endeavours, in fupport of the minifterial nomination of fherifFs, will, I fear, obftruct his preferment. Permit me to recommend him to your Grace's protection. You will find him copioufljr gifted with thofe qualities of the heart, which u- fually direct you in the choice of your friendships. He too was Mr Wilkes's friend, and as incapable as you are of the liberal refentment of a gentle- man. No, my Lord it was the folitary vindictive malice of a monk, brooding over the infirmities of his friend until he thought they quickened into public life, and feafting with a rancorous rapture upon the fordid catalogue of his diftrefles. Now let him go back to his cloifter. The church is a proper retreat for him. In his principles he is al- ready a bifhop. The mention of this man has moved me from my natural moderation. . Let me return to your Grace. You are the pillow upon which I am de- termined to reft all my refentments. What idea can the beft of Sovereigns form to himfelf of his own government ? In what repute can he con- ceive that he {lands with his people, when he fees, beyond the poflibility of a doubt, that, whatever be the office, the fufpicion of his favour is fatal to the candidate ; and that when the party he wifhes well to has the faireft profpetl of fuccefs, if his royal inclination fhould unfortunately be difcover- ed, it drops like an acid, and turns the election ? This event, among others, may perhaps con- tribute to open his Majefty's eyes to his real ho- nour and intereft. In fpite of all your Grace's in- genuity, he may at laft perceive the inconvenience of felecting, with fuch a curious felicity, every villain 274 LETTERS villain in the nation to fill the various departments of his^" government. Yet I fhould be forry to con- fine him in the choice either of his footmen or his friends. JUNIUS. LETTER LI. FROM THE REVEREND MR HORNE TO JUNIUS. SIR, JULY 13. 1771- Tf/lRCE, Comedy, and Tragedy Wilkes> Fsste, and * Junius, united at the fame time againlt one poor Paribn, are fearful odds. The two former are only labouring in their vocation; and may e- qually plead in excufe, that their aim is a liveli- hood. I admit the plea for the fccond ; his is an honeft calling, and my clothes were lawful game : but I cannot fo readily approve Mr Wilkes, or commend him for making patriotifm a trade, and a fraudulent trade. But what (hall I fay to Ju- nitts ? the grave, the folemn, the didadic ! Ri- dicule indeed has been ridiculoufly called the teft f truth; by.L furcly, to con^fs that you lofs your natural moderation when mention is made of the man, docs not promife much truth or juftice when you (peak of him yourfelf. You charge me with " a new zeal in fupport t( of adminiflration," and with " endeavours in " fupport of the rmnifterial nomination of flie- ' rifts." The reputation which your talents have defervedly gained to the fignature of Junius, draws from me a reply, which I difdained to give to the anonymous lies of Mr Wilkes. You make fre- quent ufe of the word Gentleman ; I only call my- felf a Man, and deiire no other diftinction : If you are either, you are bound to make good your charges, or to confefs that you have done me a hafly injuftice upon no authority. 1 put the matter fuiriv to ifl'ue. I fay, that fo far O F J U N I U S. 275 far from any " new zeal in fupport of adminiftra- tion," I am poflefied with the utmoft abhorrence of their meafures; and that I have ever fliown myfelf, and am ftill ready, in any national man- ner, to lay down all I have my life, in oppofi- tion to thofe meafures. I fay, that I have not, and never have had, any communication or con- nection of any kind, directly or indirectly, with any courtier or minifterial man, or any of their adherents : that I never have received, or folicited, or expected, or defired, or do now hope for, any reward of any fort, from any party or fet of men in adminiftration or opposition. I fay, that I never ufed any *' endeavours in fupport of the minifte- " rial nomination of fheriffs -," that I did not fo- licit any one liveryman for his vote for any one of the candidates, nor employ any other perfon to fo- licit; and that I did not write one fingle line or word in favour of Meffrs Plumbe and Kirkman, whom I underftand to have been fupported by the rnir.iftry. You are bound to refute what I here advance, or to lofe your credit for veracity. , You muft pro- duce facts : furmife and general abufe, in howe- ver elegant language, ought not to pafs for proofs. You have every advantage ; and I have every dif- advantage : you are unknown; I give my name. All parties, both in and out of adminiftration, have their reafons (which I fnall relate hereafter) for u- niting in their wimes againft me ; and the popu- lar prejudice is as ftrongly in your favour, as it is violent againft the Parfon. Singular as my prefent fituation is, it is neither painful, nor was it unforefeen. He is not fit for public bufinefs, who does not even at his entrance prepare his mind for fuch an event. Health, for- tune, tranquillity, and private connections, I have facrificed upon the altar of the Public; and the only return I receive, becaufe I will not concur to dupe 276 LETTERS dupe and miflead a fenfelcfs multitude, is barely, that they have not yet torn me in pieces. That this has been the only return is my pride, and a fource of more real fatisfadion than honours or profperity. I can pradtife, before I am old, the leflbns I learned in my youth ; nor (hall I ever for- get the words of my ancient Monitor, " Tis the lad key-flone " That makes the arch : the reft that there were put '* Are nothing, till that comes to bind and fhut: " Then ftands it a triumphal mark J then men " Obferve the ftrength, the height, the why and " when < c It was erected ; and ftill, walking under, " Meet fome new matter to look up and wonder ! I am, Sir, your humble Servant, JOHN HORNE. LETTER LII. TO THE REVEREND MR HORNE. SIR, JULY 24. 1771. T Cannot defcend to an altercation with you in ^ the newfpapers : but fince I have attacked your character, and you complain of injuftice, I think you have fome right to an explanation. You defy me to prove that you ever folicited a vote, or wrote a word, in fupport of the miniflerial aldermen. Sir, I did never fufpeft you of fuch grofs folly. It would have been impoflible for Mr Home to have folicited votes, and very difficult to have written in the newfpapers in defence of that caufe, without being detected and brought to fliame. Neither do I pretend to any intelligence concern- ing you, or to know more of your conduct than you yourfelf have thought proper to communicate to the public. It is from your own letters I con- 2 elude O F J U N I US. 277 elude that you have fold yourfelf to the miniftry ; or if that charge be too fevere, and fuppofing it poflible to be deceived by appearances fo very ftrongly againft you, what are your friends to fay in your defence ? Muft they not confefs, that, to gratify your pcrfonal hatred of Mr Wilkes, you facrificed, as far as depended on your intereft and abilities, the caufe of the country ? I can make allowance for the violence of the paffions ; and if ever I fhould be convinced that you had no motive but to deftroy Wilkes, I fhall then be ready to do juftice to your character, and to declare to the world, that I defpife you fomewhat lefs than I do at prefent. But as a public man, I muft for ever condemn you. You cannot but know, nay you dare not pretend to be ignorant, that the higheft gratification of which the moft deteftable * * in this nation is capable, would have been the de- feat of Wilkes. I know that man much better than any of you. Nature intended him only for a good- humoured fool. A fyftematical education, with long practice, has made him a confummate hypo- crite. Yet this man, to fay nothing of his worthy minifters, you have inoft afiiduoufly laboured to gratify. To exclude Wiikes, it was not neceflary you fhould folicit votes for his opponents. We incline the balance as effectually by leflening the weight in one fcale, as by increafing it in the other. The mode of your attack upon Wilkes (though I a in far from thinking, meanly of your abilities) convinces me, that you either want judgment ex- tremely, or that you are blinded by your refent- ment. You ought to have forefeen, that the char- ges you urged againft Wilkes could never do him any mifchief. After all, when we expecled dif- coveries highly interefting to the community, what a pitiful detail did it end in! Some old cloaths a Welili poney a French footman, and a hamper A a of S7* LETTERS of claret. Indeed, Mr Home, the public and -will forgive him his claret and his footman, and even the ambition of making his brother cham- berlain of London, as long as .he (lands forth a- gainft a jminiftry and parliament who are doing every thing they can to enflave the country, and as leng as he is a thorn in the King's fide. You will not fufpeft me as fetting up Wilkes for a perfect character. The queflion to the public is, \Vhere fhall we find a man, who, with purer prin- ciples, will go the lengths and run the hazards that he has done ? The feafon calls for fuch a man, and he ought to be fupported. 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 promife you, you have fo little power to do mifchief, that I much " and with " endeavours ^n fupport of the minifte- " rial nomination of fheriffs." And he affigns two inconfiftent motives for my conduft : either that I have " fold myfelf to the miniftry," or am inlligated Congreve ; and he^ \ thiilk, is allo\yc4 10 have kiiOWU omc tiling of liumaa nature. OF J U N I U S. 283 '< Or appetite of offending ; but a fldll " And nice difcernment between good and ill* 11 Her ends are honefly and public good, " And without thefe ihe is not underftood." 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 Oliver a fool. Poor old foul ! me read her bible far otherwife than Junius ! She often found there, that the fins of the fathers had been vifited on the children; and therefore was cautious that herfelf, and her immediate defcendents, fhould leave no reproach oa her pofterity : and they left none. How little could lhe forefee this reverfe of Junius, who vifits my political fins upon my grandmother ! I do not charge this to the fcore of malice in him; it proceeded entirely from his propenfity to blun- der; that whilft he was reproaching me for intro- ducing, in the moft harmlefs manner, the name of one female, he might himfelf, at the fame irr- itant, introduce two.. I am reprefented alternately, as it fuits funitts^s purpofe, under the oppofite characters of a. gloomy monk, and a man of politenefs and good- humour. I am called " a Jolitary monk" in -order to confirm the notion given of me in Mr Wilkes's anonymous paragraphs, that I never laugh. And the terms of politenefs and good-humour, on which I am faid to have lived heretofore with the young lady, are'hi- tended to confirm other paragraphs of Mr Wilkes, in which he is fuppofed to have offended me by refufing his daughter. Ridiculous i Yet I cannot deny but that Junius has proved me unmanly a:id ungenerous, as clearly as he has fhown me corrupt and vindi&ive and I will tell him more ; I have paid the prefent miniftry as many vifits and com- pliments as ever I paid to the young lady ; and Ihall all 284 LETTERS all my life treat them with the fame politenefs and good-humour. But Juntas " begs me to believe, that he mea- " fures the integrity of men by their conduft, not " by their profe/ions." Sure this Junius muR i- magine his readers as void of underftanding as he is of modefty ! Where fhall we find the ftandard of HIS integrity? By what are we to meafure the conduft of this lurking aflaflin? And he fays this to me, whofe condud, wherever I could per- fonally appear, has been as dired, and open, and public, as my words. I have not, like him, con- cealed myfelf in my chamber, to {hoot my arrows out of the window ; nor contented myfelf to view the battle from afar ; but publicly mixed in the engagement, and fhared the danger. To whom have I, like him, refufed my name upon complaint of injury? What printer have I defired to conceal me ? In the infinite variety of buGnefs in which I have been concerned, where it is not fo eafy to be faultlefs, which of my actions can he arraign ? To what danger has any man been expofed, which I have not faced ? information^ attion, imprifonmeiit, or death ? What labour have I refufed ? what ex- pence have I declined ? what pleafure have I not renounced ? But Junius t to whom no conduct be- longs> " meafures the integrity of men by their " coAduSl t . not by their profcffions ,-" him'felf all the while being nothing but prcfe/ions, and thofe too anonymous! The political ignorance or wilful falfehood of this declaimer is extreme. His own former letters juftify both my conduct and thofe whom hip loft letter abufes : for the public mea- fures which Junius has been all along defending, were ours whom he attacks; and the uniform op- pofer of thofe meafures has been Mr VviJLes, whofe bad adions ad intentions he endeavours to fcreen. , if he plcufes, change his abuf and,. O F J U N I U S. 285 and, quitting his loofe hold of intereft and revenge* accufe me of vanity, and call this defence boafting* I own I have a pride to fee ftatues decreed, and the higheft honours conferred, for meafures and actions which ail men have approved; whilft thofe who counfelled and caufed them are execrated and infulted. The darknefs in which Junius thinks himfelf fhrouded, has not concealed him > nor the artifice of only attacking under tha.tjigna.ture thH-e he would puli down, (whilft he recommends by other ways thofe he would have promoted), difguifed from me whofe partisan he is. When Lord Cha- tham can forgive the aukward fituation in which, for the fake of the public, he was defignedJy pla- ced by the thanks to him from the city; and when Wilkes's name ceafes to be neceiTary to Lord Rock- ingham to keep up a clamour againft the perfons of the miniftry, without obliging the different fac- tions now in oppofition to bind themfclves before- hand to fome certain points, and to ftipulate fome precife advantages to the public ; then, and not till then, may thofe whom he now abufes expedl the approbation of Junius. The approbation of the public for our faithful attention to their inte- reft, by endeavours fot thofe ftipulations, which have made us as obnoxious to the factions in op- pofition as to thofe in adminiftration, is not per- haps to be expected till fome years hence ; when the public will look back, and fee how fhamefully they have been deluded, and by what arts they were made to lofe the golden opportunity of preventing what they will furely experience, a change of mi- nifters, without a material change of meafures, and without any fecurity fora tottering conftitution. But what cares Junius for the fecurity of the conftitution ? He has now unfolded to us his dia- bolical principles. As a public man, he mujl ever condemn any meafure which may tend accidentally to gratify the Sovereign ; and Mr Wilkes.is to be Supported 286 LETTERS fupported and affifted in all his attempts (no mat" ter how ridiculous and mifchicvous his projects^ as long as he continues to be a thorn in the Kin^s //*/ Ihe caufo of the country, it feems, in the o- pmion of Junius, is merely to vex the King; and any rafcal is to be fupported in any roguerv, pro- Tided he can only thereby plant a thorn in the King's /id?. This is the very extremity of faftion, and the laft degree of political wickednefs. Becaufe Lord Chatham has been ill treated by the King and treacheroufly betrayed by the Duke of Graf- ton, the latter is to be the pillow on which Ju- nius will reft his refentment and the public are to oppofe the meafures of government from mere motives of perfonal enmity to the Sovereign ! Thcfe are the avowed principles of the man who, in the fame letter, fays, If ever he fhould be " convinced that I had no motive but to deftroy ' Wilkes, he (hall then be ready to do juftice to 1 my character, and to declare to the world, that he defpifes me fomewhat lefs than he does at " prefent !" Had I ever afted from perfonal af- feftion or enmity to Mr Wilkes, I fhould juftly be defpifed : but what does he deferve, whofe avowed motive is perfonal enmity to the Sove- reign ? The contempt which I fhould otherwife feel for the abfurdity and glaring inconfiftency of Ju- niusy is here fwallowed up in my abhorrence of his principles. The right divine and facrednefs of Kings is to me a fenfelefs jargon. It was thought a daiing expreffion of Oliver Cromwell in the time I of Charles the firft, that if he found himfelf pla- ced oppofite to the King in battle, he would dif- charge his piece into his bofom as foon as into any other man's. I go farther : had I lived in thofe days, I would not have waited for chance to give me an opportunity of doing my duty ; I would have fought him through the ranks, and, without tbe leaft perfonal enmity, have difcharged ray piece - O f J IT N I U S. 287 piece into his bofom rather than into any other man's. The King whofe actions juftify rebellion to his government, defcrves death from the hand of every fubjecl. And fliould fuch a time arrive, I "{hall be as free to act as to fay : but till then, my attachment to the perfon and family of the Sovereign fhall ever be found more zealous and fincere than that of his flatterers. I would offend the Sovereign with as much reluctance as the pa- rent ; but if the happinefs and fecurity of the whole family made it neceflr.ry, fo far, and no farther, I would offend him without reinorfe. But let us confider a little whither thefe prin- ciples of Junius would lead us. Should Mr Wilkea once more commiffion Mr Thomas Walpole to procure for him a penfion of one thoitf and pounds upon the Irifh eftablifhment for thirty years, he mufl be fupported in the demand by the public becaufe it would mortify the King ! Should he wifh to fee Lord Rockingham and his friends once more in adminiftration, unclogged by any ftipu!ations for the people, that he might a- gain enjoy a penfion of one thoufand and forty pounds a-year, viz. from the frft Lord of the Treafury 500!. from the Lords of the Treafury, 60 1. each, from the Lords of Trade 40!. each, &c. the public mud give up their attention to points of national benefit, and aflift Mr Wilkes in his attempt be- caufe it would mortify the King ! Should he dema'nd the government of Canada^ or of Jamaica, or the embaffy to Conftantinople, and in cafe of refufal threaten to write them down, as he had before ferved another adminiftration, in a year and a half, he muft be fupported in his pre- tenfions,"and upheld in his infolence becaufe it xvould mortify the King ! Junius may choofe to fuppofe that thefe things cannot -happen ! But that they have happened, notwirhftanding Mr Wilkes's denial, I do aver. I 238 LETTERS I maintain that Mr Wilkes did commiffion Mr Thomas Walpole to folicit for him a penfion of one thoufand pounds on the Irifu eftablifhment for thirty years; with which, and a pardon, he decla- red he would be fatisfied : and that, notwithfrand- ing his letter to Mr Onflow, he did accept a clan* deftine, precarious, and e/eemojinary penfion from the Rockingham adminiftration ; which they paid in proportion to, and cut of their falaries : and fo entirely was it miniflerial, that as any of them went out of the miniftry, there names were fcratch- ed out of the lift, and they contributed no long- er. I fay, he did folicit th.- jrovernments, and the embafly,and threatened then re.ul i neariyin thefe words " It coft me a year and a halt to write " down the laft adminiilrationi fliould I employ ; as much time upon you, very few of you would " be in at the death." When thefe threats did not prevail, he came over to England to embar- rafs them by his prefence : and when he found that Lord Rockingham was fomething firmer and more manly than he expected, and refui'ed to be bullied into what he could not perform, Mr Wilkes declared that he could not leave England without money; and the Duke of Portland and Lord Rockingham purchafcil his abfence with one hundred pounds a-piece, with which he returned to Paris. And for the truth of what I here advance, I appeal to the Duke of Portland, to Lord Rock- ingham, to Lord John Cavenifh, to Mr Walpole, c. I appeal to the hand-writing of Mr Wilkes, which is ft ill extant. Should Mr Wilkes afterwards (failing in this wholelale trade) choofe to dole out his popularity by t1;e pound, and expofe the city offices to fale to his brother, his attorney, c. Juntas will tell us, it is only an ambition that he has to make them chamberlain, town-tier k t &c. and he muft not be opposed in thus robbing the ancient citizens of 3 their O F J U N I U S. 289 their birthright becaufe any defeat of Mr Wilkes Would gratify the King! Should he, after confuming the whole of his own fortune, and that of his wife, and incurring a debt of twenty tbouf and pounds , merely by his own private extravagance, without a fingle fervice or exertion all this time for the public, whilfl. his eftate remained ; fhould he at length, being undone, commence patriot, have the good fortune to be il- legally perfecuted, and in confederation of that il- legality be efpoufed by a few gentlemen of the pu- fefl public principles; fhould his debts (tho' none of them were contracted for the public) and all his other encumbrances be difcharged ; fhould he be offered 600 1. or icoo 1. a-year to make him in- dependent for the future; and fhould he, after all, initead of gratitude for thefe fervices, infolently forbid his benefactors to beftow their own money upon any other object but himfelf, and revile them for fetting any bounds to their fupplies ; Junius (whOj any more than Lord Chatham, never con- tributed one farthing to thefe enormous expences) will tell them, that if they think of converting the fupplies of Mr \Vilkes's private extravagance to the fupport of public meafures they are as great fools as my grandmother -, and that Mr Wilkes ought to hold the firings of their purfes as long as he continues to be a thorn in the King's Jide ! Upon thefe principles I never have acted, and 1 never will act. In my opinion, it is lefs difho- nourable to be the creature of a court than the tool of a faction. I will net be either. I under- ftand the two great leaders of oppofition to be Lord Rockingbam and Lord Chatham ; under one of whofe banners, all the oppofing members of both houfes who de/ire to get places enlift. I can. place no confidence in either of them, or in any others, unlefs they will now engage, whjlft they are OUT, to grant certain eflential advantages for B b th i>9^ LETTERS the fecutity of the- public when they (hall be IN adminiftraticrt. Thefe 'points they refufe to fti- p ulate, becaufe they are fearful left they fhould prevent any future overtures from the court. To force them to thefe ftipulations has been the uni- form endeavour of Mr Sawbridge, Mr Townfendj Mr Oliver, &c. 2nd THEREFORE they are abufed by Junius. I know no reafon but my zeal and in- duilry in the fame caufe, that fhould intitle me to the honour of being ranked by his abufe with per- fons of their fortune and ftation. It is a duty I owe to the memory of the late Mr Beckford to fay, that he had no other aim than this, when he provided that fumptuous entertainement at the Mannon-houfe for the members of both houfes in oppofition. At that time he drew up the heads of lin engagement, which he gave to me, with a re- rueft that I would couch it in terms fo cautious and precife, as to leave no room for future quibble r.nd eva fieri ; but to oblige them either to fulfil the intent of the obligation, or to fign their own in- famy, and leave it on record : and this engage- ment he was determined to propofe to them at the JVTo-nfion-houfe, that either by their refufal 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 fiiciids flatly refuted any en- gagement ; and Mr Beckford as flatly fwore, they ifhould then "eat none of his broth;" and he \vas determined to put off the entertainment : But Mr Beckford was prevailed upon by to in- dulge them in the ridiculous parade of a popular" proceffion through the city, and to give them the foolifh pleafure of an imaginary confequence, for the real benefit only of the cooks and purveyors. It was ths fame motive which dictated the thanks cu the city to Lord Chatham; which were ex- O F J U N I U S. 291 exprciTecl to be given for his declaration in favour ofjbcrt parliaments ; in order thereby to fix Lord Chatham at leaft to that one conftitutional reme- dy, without which all others can afford no fecurity. The embarraflment, no doubt, was cruel. He had his choice either to offend the Rockingham party, who declared formally againfl fhort parliaments, and with the cvfliftsnce of whofe numbers in both houfes he mud expect again to be minifter; or to give up the confidence of the public, from whom finally all real confequence mufl proceed. Lord Chatham chofe the latter : and I will venture to fay, that, by his anfiver to thofe thanks, he has gi- ven up the people without gaining the friendfhip -or cordial afliftance of the Rockingham faction ; whofe little politics are confined to the making of matches, and extending their family connections, and who think they gain more by procuring one additional vote to their party in the houfe of com- mons, than by adding their languid property and feeble character to the abilities of a Chatham, or the confidence of a public. Whatever may be the event of the prefent xvretcued ftate of politics in this country, the principles of Junius will fuit no form of govern- ment. They are not to be tolerated under any conftitution. Perfonal enmity is a motive fit only for the devil. Whoever, or whatever, is Sovereign, demands the refpect and fupport of the people. The union is formed for their happinefs, which c.uinot be had without mutual refpect ; and he counftls malicioully who would perfuade either to a wanton breach of it. When it is banifhed by either party, and when every method has been tried in vain to reftore it, there is no remedy but a divorce : But even then he mufl: have a hard and a wicked heart indeed who punimes the greateft cri- minal merely for the fake of the punimment; and B b 2 who 292 L E T T E. R S \vho does not let fall a tear for every drop of blood that is fhed in a public ftruggle, however juft the quarrel. JOHN HORNE. LETTER LIV. TO THE PRINTER OF THE PUBLIC ADVER- TISER. SIR, AUG. 15. 1771- T OUGHT to make an apology to the Duke of * Grafton, for fufFering any part of my attention to be diverted from his Grace to Mr Home. I am not juftified by the fimilarity of their ilifpofi- tions. Private vices, however deteftable, have not dignity fufficient to attract the cenfure of the prefs, unlefs they are united with the power of doing fome fignal mifchic-f to the community. Mr Home's fituation does not correfpond with his intentions. In my own opinion, (which, I know, will be attributed to my ufual vanity and prefump- tion) his letter to me does not defer ve an anfwer. But I underfland that the public are not fatisfied with myfilence; that an anfwer is expected from me; and that if I perfift in refufing to plead, it will be taken for conviction. I fhould be inconfiftent with the principles I profefs, if I declined an appeal to the good fenfe of the people, or did not willingly fubmit myfelt to the judgment of my peers. If any coarfe expreffions have efcaped me, I am reacty to agree that they are unfit for Junius to make; ufe of; but I fee no reafon to admit that they have been improperly applied. Mr Home, it feems, is unable to comprehend how an extreme want of conduct and difcretion can confift with the abilities I have allowed him j nor can he conceive that a very honed man, with a very good underftanding, may be deceived by a knave. His knowledge of human nature muft be limited O F J U N I U S, 293 limited indeed. Had he never mixed with the world, one would think that even his books might have taught him better. Did he hear Lord Manf- field, when he defended his dodlrine concerning libels? or- when he ftatsd the law in profecu- tions for criminal converfation ? or when he de- livered his reafons for calling the houfe of Lords together to receive a copy of his charge to the jury in "Woodfali's trial ? Had he been prefent upon any of thefe oecafions, he would have feen how poflibie it is for a man of the firft talents, to con- found himfelf in abfurdities, which would dif- grace the lips of an idiot. Perhaps the example might have taught him not to value his own un- derflanding fo highly. Lord Lyttleton's integrity and judgment are unqueftionable; yet he is known to admire that cunning Scotchman, and verily be- lieves him an honeft man. I ipeak to fafts, with which all of us are converfant I fpeak to men, and to their experience; and will not defcend to anfwer the little fneering fophiftries of a collegian. Diftinguifhed talents are not neceflarily con- nedled with difcretion. If there be any thing re- markable in the character of IVIr Home, if is that extreme want of judgment fhould be united with his very moderate capacity. Yet I have not for- gotten the acknowledgment I made him. He owes it to my bounty; and, though his letter has low- ered him in my opinion, I fcorn to retradl the cha- ritable donation. I faid it would be "very difficult for Mr Home to write diredlly in defence of a minillerial meafure, and not be detected ; and even that difficulty I confined to his particular fituation. He changes the terms of the propofition, and fuppofes me to aflert, that it would be impoffible for any man to write for the newfpapers and not be clifcovered. He repeatedly affirms, or intimates at leaft,, that he knows the author of thefe letters. With B b 3 what 294 LETTERS what colour of truth, then, can be pretend that 1 am noivhere to be encountered but in a newfpaper ? I (hall leave him to his fufpicions.- It is not neceffary that I fhould confide in the honour or tlifcretion of a man who already feems to hate me with as much rancour as if I had formerly been his friend. But he afferts that he has traced me through a variety of fignatures. To make the dif- covery of any importance to his purpofe, he mould have proved, either that the fictitious character of Juniusi has not been confidently fupported, or that the author has maintained different principles un- der different fignatures. I cannot recal to my me- mory the numberlefs trifles I have written; but I rely upon the confcioufnefs of my own integrity, and defy him to fix any colourable charge of in- confiftency upon me. I am not bound to affign the fecret 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 ccndutt of my c-wn. Mr Home enlarges with rapture upon the importance of his fervices ; the dreadful battles which he might have been engaged in, and the dangers he has efcaped. In fupport of the formi- dable defcription, he quotes verfes without mercy. The gentleman deals in fiction, and naturally ap- peals to the evidence of the poets. Taking him at his word, he cannot but admit the fuperiority of Mr Wilkes in this line of fervice. On one fide, we fee nothing but imaginary diftreffes. On the other, we fee real profecutions j real penalties; real imprifonmentj life repeatedly hazarded ; and, at one moment, almoft the certainty of death. Thanks are undoubtedly due to every man who does his duty in the engagement ; but it is the wounded foldier who deferves the reward. I did not mean to deny that Mr Home had been an aitivc partisan.. It would defeat my own pur- pofe O F J U N I U S. - 295 pofe not to allow him a degree of merit, which aggravates his guilt. The very charge of contri- buting his vtmqft efforts to fupport a minijlerial mea- fure, implies an acknowledgment of his former fervices. If he had not once been diftinguiflied by his apparent zeal in defence of the common caufe, he could not now be diftinguifhed by de- ferting it. As for myfelf, it is no longer a que- ftion, -whether IJhall mix -with the throng, and take a fingle Jhare in the danger. Whenever Junius appears, he muft encounter a hod of enemies. But is there no honourable way to ferve the pub- lic, without engaging in perfonal quarrels with in- fignificant individuals, or fubmitting to the drud- gery of canvaiTmg votes for an election ? Is there no merit in dedicating my life to the information of my fellow-fubje&s ? What public queftion have I declined ? What villain have I fpared ? Is there no labour in the compofition of thefe letters ? Mr Home, I fear, is partial to me, and meafures the facility of my writings by the fluency of his own. He talks to us ifi high terms of the gallant feats he would have performed if he had lived in the laft century. The unhappy Charles could hardly have efcaped him. But living princes have a claim to his attachment and refpet. Upon thefe terms, there is no danger in being a patriot. If he means any thing more than a pompous rhapfody, let us try how well his argument holds together. I pre- furne he is not yet fo much a courtier as to affirm that the conftitution has not been grofcly and da- ringly violated under the prefent reign. He will not fay, that the laws have not been fhamefully broken or perverted ; that the rights of the fub- jec~t have not been invaded, or that rcdrefs has not been repeatedly folicited and refufed. Grie- vances like thefe were the foundation of the re- bellion in the lad century j and, if I undenlaod Mr 296 LETTERS' Mr Home, they would, at that period, have ju- ftified him to his own mind in deliberately attack- ing the life of his Sovereign. I (hall not aflc him to what political conftitution this doctrine can be reconciled. But at leaft it is incumbent upon him to (how, that the prefent King has better excufes than Charles the Firft for the errors of his govern- ment. He ought to demonftrate to us, that the conftitution was better underftood a hundred years ago than it is at prefent; that the legal rights of the fubjeft, and the limits of the prerogative, were more accurately defined and more clearly comprehended. If propofitions like thefe cannot be fairly maintained, I do not fee how he can re- concile it to his confcience, nqt to at immedi- ately with the fame freedom with which he fpcaks. I reverence the character of Chrarles the Firft as little as Mr Home ; but I will not infult his mil- fortunes by a comparifon that would degrade him. It is worth obferving, by what gentle degrees the furious, perfecuting zeal of Mr Home has foftened into moderation. Men and meafures were yefterday his objects. What pains did he once take to bring that great ftate-criminal Macquirk to execution ! To-day he confines himfelf to mea- fures only. No penal example is to be left to the fucceflbrs of the Duke of Grafton. To-morrow, I prefume, both men and meafures will be for- given. The flaming patriot, who fo lately fcorched us in the meridian, finks temperately to the welt, and is hardly felt as he defcends. I comprehend the policy ..> endeavouring to communicate to Mr Oliver and Mr Sawbridge a {hare in the repioaches with, which he fuppofes me to have loaded him. My memory fails me, if I have mentioned their names with d'frefpect ; unlefs it be reproachful to acknowledge a fincere refpedl for the cluraler of Mr Sawbridge^ and not O F J U N I U S. 297 not to have queflioned the innocence cf Mr Oli- vet's intentions. It feems I am a partifan of the great leader of the oppofition. If the charge had been a reproach, it mould have been better fuppbrted. I dul not intend to make a public declaration of the refpect I bear Lord Chatham.- I well knew what unwor- thy conclulions would be drawn from it. But I am called upon to deliver my opinion ; and furely it is not in the little cenfure of Mr Home to deter me from doing fignal juftice to a man who, I con- fefs, has grown upon my efleem. As for the com- mon, fordid views of avarice, or any puipofe of vulgar ambition, I queftion whether the applaufe of^}tir;ius would be of fetvice to Lord Chatham. My vote will hardly recommend him to an incrcafe of his penfion, or to a feat in the cabinet. But if his ambition be upon a level with his underftand- ing ; if he judges of what is truly honourable for himfelf, with the fame fuperior genius which ani- mates and direts him to eloquence in debate, to wifdom in decifion, even the pen of Junius {hall contribute to reward him. Recorded honours (hall gather round his monument, and thicken over him. It is a foiid fabric, and will fupport the lau- rels that adorn it. I am not converfant in the lan- guage of panegyric. Thefe praifes are extorted from me ; but they will wear well, for they have been dearly earned. My deteftation of the Duke of Grafton is not founded upon his treachery to any individual : though I am willing enough to fuppofe, that, in public affairs, it would be impoffihle to defert or betray.Lord Chatham, without doing an eflential injury to this country. My abhorrence of the Duke arifes from an intimate knowledge of his charaler; and from a thorough conviction that Ins bafenefs has been the caufe of greater mifchief to 298 LETTERS to England, than even the unfortunate ambition of Lord Bute. The fhortening the duration of parliaments is a fubjel on which Mr Home cannot enlarge too warr^ly ; nor will I queftion his fincerity. If I did not profefs the fame' fentiments, I fhould He fhamefully inconfiftent with myfelf. It is unne- ceflary to bind Lord Chatham by the written for- mality of an engagement. He has publicly decla- red himfclf a convert to Triennial Parliaments ; and though I have long been convinced, that this is the only poflible refource we have left to pre- ferve the fubilantial freedom of the conftitutipn, I do not think we have a right to determine againft the integrity of Lord Uockingham or his friends. Other meafures may undoubtedly be fupported in argument, as better adapted to the diforder, or more likely to be obtained. Mr~Horne is well a flu red, that I never was the champion of Mr Wilkes. But though I am not obliged to anfwer for the firmnefs of his future adherence to the principles he profeffes, I have no reafon to prefume that he will hereafter difgrace them. As for all tTiofe imaginary cafes which Mr Home fo petulantly urges againft me, I have one plain, honeft anfwer to make to him. "Whenever Mr Wilkes fhall be convicted of foiiciting a pen- fion, an embafiy, or a government, he muft de- part from that fituation, and renounce that cha- radler, which he affumes at prefent, and which, in my opinion, intitle him to the fupport of the pub- lic. 'By the fame at, and at the fame moment, be will forfeit his power of mortifying the King; and though he can never be a favourite at St James's, his bafenefs may adminifter a folid fatif- falion to the royal mind. The man I fpeak of has not a heart to feel for the frailties of his fel- low-creatures. It is their virtues that afilicl, it is their vices that confole, him. - I O J U N t U S. $90 I give every pofiible advantage to Mr Home, when I take the facts he refers to for granted. That they are the produce of his invention, feems highly probable; that they are exaggerated, I have no doubt. At the worft, 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 againft the extremity of diftrefs. How fhameful is it, in a man who has lived in friendship with him, to reproach him with fail- ings too naturally connected with defpair ! Is no allowance to be made for banifhment and ruin ? Does a two years imprifonment make no atone- ment for his crirr.es? The refentment of a prieft is implacable. No fufferings can loftcn, no peni- tence can appeafe, him. Yet he himfelf, 1 rhink, upon his own fyiiem, has a multitude of political oiFences to atone for. I will not infill upon the naufeous detail, with which he fo long difgufled the public. He feems to be afhamed of it. But what excufe will he make to the friends of the conftitution for labouring to promote this confum- fnately bad man to a ftation of the higheft national trud and importance? Upon what honourable motives did he recommend him to the livery of London for their reprefentative ; to the ward of Faringdon for their alderman \ to the county of Miridlefex for their knight ? Will he affirm, that, at that time, he was ignorant of Mr Wilkes's fo- Jicitations to the miniftry ? That he fhould fay fo, is indeed very nc'ceflary for his own juflifica- tion j but where will he find credulity to believe him? In what fchool this gentleman learned his ethics I know not. His logic feems to have been ftudied under MrDyfon. That miferable pamphleteer, by dividing the only precedent in point, and taking s much of it as failed his purpofe, had reduced his argument upon the Middlefex election to fome- thing 300 LETTERS thing like the (hape of a fyllogifm. Mr Horns has conducted himfelf with the fame ingenuity and candour. I had affirmed, that Mr W I.Ikes would preferve the public favour, ft as long as he 11 ftood forth againft a miniftry and pa.liament " who were doing every thing they could to en- t{ ilave the country, and as long as he was a thorn " in the King's fide." Yet, from the exui'ing triumph of Mr Home's reply, one would think that I had refted my expectation, that Mr Wilkes would be fupported by the public upon the fingle condition of his mortifying the King. This may be logic at Cambridge or at the Treafury ; but among men of fenfe and honour, it is folly or vil- lainy in the extreme. I fee the pitiful advantage he has taken of a Tingle unguarded expreflion, in a letter not in- tended for the public. Yet it is only the exprcf- Jion that is unguarded. I adhere to the true mean- ing of that member of the fentence, taker, rately as he takes it; and now, upon the coolcil deliberation, reafTert, that, for the purpofes I re- ferred to, it may be highly meritorious to the public, to wound the perfonal feelings of the So- vereign. It i> not a general proportion, nor is it generally applied to the chief magiftrate of this or any other conltuution. Mr Home knows as well as I do, that the beft of Princes is not difpleafe*! with the abufe which he fees thrown upon his oftenfible minifters. It mr.kes them, I prefume, more properly ihe objects of his royal compaffion j neither does it efcape his fagacity, that the lower they are degraded in the public efteem, the more-fubmiffively they muft depend upon his fa- vour for protection. This I affirm, upon the moft folernn conviction, and the moil certain knowledge, is a leading maxim in the policy of the clofet. It is unneceffary to purfue the argument any far- ther. 3 Mr O F J U N I U S. 3t Mr Home is now a very loyal fubjeft. He la- ments the wretched (late of politics in this coun- try ; and fees, in a new light, the weaknefs and folly of the oppofition. Whoever^ or whatever, is Sovereign } demands the refpeft and fupport of the people *; it was not fo when Nero Jiddled -while Rome "was burning. Our gracious Sovereign has had wonderful fuccefs in creating new attachment* to his per/on and family. He owes it, I prefume, to the regular fyftem he has purfued in the my- ftery of conversion. He began with an experi- ment upon the Scotch ; and concludes with con- verting Mr Home. What a pity it is, that the Jews mould be condemned by Providence to wait for a Mefliah of their own ! The prieflhood are accufed of mifinterpreting the fcriptures. Mr Home h?.s improved upon his profeilion. He alters the text, and creates a refu- table dolrine of his own. Such artifices cannot long delude the underftanding of the people ; and, without meaning an iadecent comparifon, I may venture to foretel, that th-e Bible and Junius will be read, when the commentaries of the Jefuits are forgotten. JUNIUS. LETTER LV. TO THE PRINTER OF THE PU BLIC AD VtRTlSER. SIR, AUG. 26.. 1771. T^HE enemies of the people, having now no* * thing better to object to my friend Junius t ate at laft obliged to quit his politics, and to rail at him for crimes he is not guilty of. His vanity and impiety are now the perpetual topics of theif abufe. I do not moan to leflcn the force of fuch charges, (fuppofing they were true) ; but to fhow C c that * The very fclibquy of Lord Suffijlk before he paffcd ihe Ru- bicon. 3*2 LETTERS that they are not founded. If I admitted the pre*- miffes, I fhould readily agree in all the confequen- ces drawn from them. Vanity indeed is a venial error; for it ufually carries its own punifhment with it: but if I thought Junius capable of ut- tering a difrefpe&ful word of the religion of his country, I fliould be the firft to renounce and give him up to the public contempt and indignation. As a man, I am fatisfied that he is a Chriftian up- .on the moft fincere conviction : as a writer, he would be grofsly inconfrftent with his political .principles, if he dared to attack a religion efta- blifhed by thofe laws which it feems to be the purpofe of his life to defend. Now for the proofs. Junius is accufed of an impious allufion to the holy facrament, where he fays, that if Lord Wey- mouth be denied the cup, there -will be no keeping him \vithinthepaleofthcminiftry. .Now, Sir, I affirm, that this paffage refers entirely to a ceremonial in the Roman-Catholic church, which denies the cup to the laity. It has no manner of relation to the Proteftant creed4 and is in this country as fair an object of ridicule as tranfubjiantiation, or any other part of Lord Peter's hillory in the Tale of the Tub. But Junius is charged with equal vanity and im- piety, in comparing his writings to the holy fcrip- ture. The formal proteft he makes againft any fuch comparifon avails him nothing. It becomes necefTary, then, to (how that the charge Jeftroys itfelf. If he be vain, he cannot be impious. A vain man does not ufualiy compare himfelf to an object which it is his defign to undervalue. On the other hand, it he be impious, he cannot be vain ; for his impiety, if any, nmft confift in his endeavouring to degrade the holy fcriptures by a comparifon with his own contemptible writings. This would be fo>!y indeed o^ the grolicil rature; but where lies the vanity ? 1 fhall now be tuld, ' air, OF J U N I IT S. 3*3 Sir, what you fay is plaufible enough ; but ftill t( you mud allow that it is fhamefully impudent " in Junius to tell us that his works will live as " long as the Bible." My anfwer is, Agreed; but firft prove that he has faid fo. Look at his words, and you will find, that the utmoft he experts is, that the Bible and Junius will furvive the commen- taries of the Jefuits ; which may prove true in a fortnight. The moft malignant fagacity cannot (how that his works are, in his opinion, to live as long as the Bible. Suppofe I were to foretel, that Jack and Tom would furvive Harry does it fol- low that Jack muft live as long as Tern ? I would 1 only illuftrate my meaning, and proteft againft the lead idea of profanenefs. Yet this is the way in which Junius is ufually anfwered, arraigned, and convicted, Thefe can- did critics never remember nny thing he fays in honour of our holy religion ; though it is true, that one of his leading arguments is made- to reft. upon the internal evidence which the purejl of all re- ligions carries with it* I quote his words ; and conclude from them, that he is a true and hearty Chriftian, in fubftance, not in ceremony; though poflibly he may not agree with my Reverend Lords the Biihops, or with the head of the Church, that prayers are morality t or that kneeling is religion. PHILO JUNIUS. LETTER LVI. FROM THE REVEREND MR HORNE TO JUNIUS, AUG. 1 7. 1771. T Congratulate you, Sir, on the recovery of your wonted ftyle, though it has coft you a fortnight. I compaflionate your labour in the compofition of your letters, and will communicate to you the fe- cret of my fluency. Truth needs no oinament ; C c 2 and. 3 o 4 LETTERS and, In my opinion, what (he borrows of the pen- cil is deformity. You brought a pofitive charge againfl me of cor- ruption. I denied the charge, and called for your proofs. You .replied with abufe, and reafferted your charge. I called again for proofs. You re- ply again with abufe only, and drop your accufa- tion. In your fortnight's letter there is not one word upon the fubjedt of my corruption. I have no more to fay, but to return thanks to you for your condefcenfion y and to a grateful public and hone/I miniftry for all the favours they have conferred upon me. The two latter, I am fure, will never refufe me any grace I {ball folicit; and fmce you have pleafed to acknowledge, that you told a deliberate lie in my favour out cf bounty, and as a charitable donation, why may I not expect that you will hereafter (if you do not forget you ever mentioned my name with difrefpecl:) make the fame acknowledgment for what you have faid to my prejudice? This fccond recantation will perhaps be more abhorrent from your difpofition ; but (hould you decline it, you will only afford one inore inftance how much eafier it is to be generous than juft, and that men are fometimes bountiful who are not honeft. At all events, I am as well fatisfied with your panegyric as Lord Chatham can be. Monument I (hall have none ; but over my grave it will be faid, in your own words, " Home's Jituation did " not correffond "with his intentions *." JOHN HORNE. * The epitaih would not be ill fuitcd to ihc charaftfi ; at the Vr.O. it is but tqu'.vjc.l. L E T- OF J U N I U S. LETTER LVII. TO HIS GRACE THE DUKE OF GRAFTON. MJT LORD, SEPT 28. 1777, nnHE people of England are not apprifed of the * full extent of their obligations to you. They have yet no adequate idea of the endlefs variety of your character. They have feen you diflin- guifhed and fuccefsful in the continued violation of thofe moral and political duties, by which the little as well as the great focieties of life are col- lected and held together. Every colour, every character, became you. With a rate of abilities, which Lord Weymouth very juflly looks down, upon with contempt, you have done as much mif- ohief to the community as Cromwell would have done, if Cromwell had been a coward; and as much as Machiavel, if Machiavel had not known that; an appeaianceof morals and religion are ufeful in focitty. To a thinking man, the influence of the Crown will, in no view, appear fo formidable, as when he obferves to what enormous fuccefTes if has fafely conducted your Grace, without a ray of real underftanding, without even the pretenfions* to common decency or principle of any kind, or a = fingle fpark of perfonal refolution. What muft' be the operation of that pernicious influence, (for ' which our Kings have wifely exchanged the nuga-- lory name of prerogative), that, in the higheft itations, can fo abundantly fjpply the abfcnce of. virtue, courage, and abilities, and qualify a man to be the mimiter of a greaf nation, whom a pri- vate gentleman would be afhamed and afraid to admit into his family ! Like the univerfal pafs port of an ambaffador, it fuperfedes the prohibi- tion of the laws, banifhes the flaple virtues of the- country, and introduces vice and folly trium- phantly into all the departments of the ftate. O~ C c 3 thtr 3o6 LETTERS thcr princes, befides his Majefty, have had the means of corruption within their reach ; but they have ufed it with moderation. In former times, corruption was confidered as a foreign auxiliary to government, and only called in upon extraor- dinary emergencies. The unfeigned piety, the fan&ified religion, of George the Third, have taught him to new-model the civil forces of the (late. The natural refources of the crown are no longer confided in. Corruption glitters in the van ; - collects and maintains a ftanding army of merce- naries, and at the fame moment impoverifhes and enflaves the country. His Majefty's predeceflbrs (excepting that worthy family from which you, my Lord, are unqueftionably defcended) had fome generous qualities in their compofition, with vices, I confefs, or frailties, 4n abundance. They were kings or gentlemen, not hypocrites or priefts. They were at the head of the church, but did not know the value of their office. They faid their prayers without ceremony -, and had too little pricftcraft in their underftanding, to reconcile the fan&imonious forms of religion with the utter de- itruclion of the morality of their people. My Lord, this is fac~t, not declamation With ail your partiality to the houfe of Stuart, you muil confefs, that even Charles the Second would have blufhed at that open encouragement, at thofe ea- ger, meretricious carefles, with which every fpe- cies of private vice and public prostitution is re- ceived at St James's. The unfortunate houfe of Stuart has been treated with an afperity which, if comparifon be a defence, feems to border upon injultice. Neither Charles nor his brother were qualified to fupport fuch a fyftem of meafures as would be necefTary to change the government and fubvert the conftitution of England. One of them was too much in earned in his pleafures the other in his religion. But the danger to this country would O F J IT N I U S. 37 would ceafe to be problematical, if the crown {hould ever defcend to a Prince, whofe apparent fimplicity might throw his fubjects off their guard, who might be no libertine in behaviour, who {hould have no fenfe of honour to reftrain him, and who, with juft religion enough to impofe up- on the multitude, might have no fcruples of con- fcience to interfere with his morality. With thefe honourable qualifications, and the decifive advan- tage of fituation, low craft and falfehood are all the abilities that are wanting to deflroy the wif- dom .of ages, and to deface the nobleft monu- ment that human policy has erected. I knowfucb a man : My Lord, I know you both ; and with the blefling of God (for I too am religious), the people of England ihall know you as well as I do. I am not veiy fure that greater abilities would not in effect be an impediment to a defign, which feems at firft fight to require a fuperior capacity^ A better underllanding might make him fenfible of the wonderful beauty of that fyftem he was en- deavouring to corrupt. The danger of the attempt- might alarm him. The meannefs and intrinfic worthleffnefs of the object, (fuppofing he could attain it), would fill him with fhame, repentance, and difguft. But thefe are fenfations which find no entrance into a barbarous contracted heart. In fome men, there is a malignant paffion to deftroy the works of genius, literature, and freedom- The Vandal and the monk find equal gratification in it. Reflections like thefe, my Lord, have a general relation to your Grace, and infeparably attend you in whatever company or fituation your charac- ter occurs to us. They have no immediate con- nection with the following recent fact, which I lay before the public, for the honour of the heft of Soveieigns, and for the edification of his people. JRy 3 o& LETTERS A prince, (whofe piety and felf-denial, one would think, might fecure him from fuch a mul- titude of worldly neceflities), with an annual re- venue of near a million fterling, unfortunately wants money. The na\vy of England, by an equal- ly ftrange concurrence of unforefeen circumitan- ces, (though not quite fo unfortunately for his Majefty), is in equal want of timber. The world knows in what a hopeful condition you delivered the navy to your fucceffor, and in what a condi- tion we found it in the moment of diftrefs. You were determined it fhould continue in the fitua- tion in which you left it. It happened, however, very luckily for the privy-purfe, that one of the a- bove wants promifed fair to fupply the other; Our religious, benevolent, generous Sovereign, has no objection to felling his own timber to his own admi- ralty to repair his own fhips, 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 reprefcntation from the admiralty of the extraordinary want of timber for the indil- penfable repairs of the navy, the furveyor-general was tlirecle i to make a furvey of the timber in all the royal chaces and forefts in England. Having obeyed his orders with accuracy and attention, he reported, that the fineit timber he had anywhere m.t with, and the properefl: in every refpecl: for the purpofes of the navy, was in IVhittlebury Fo- refty of which your Grace, I think, is hereditary ranger. In confequence of this report, the ufual warrant was prepared at the treafury, and deliver- ed to the furveyor, by which he or his deputy were authorifed to cut down any trees in Whittle" bury Fire/I which (hould appear to be proper for the purpoies above-mentioned. The deputy, be- ing informed that the warrant was finned and de- livered, to his principal in London, crones the country O F J U N I U S. 309 country to Northamptonfhire, and with an offi cious zeal for the public fervice begins to do his duty in the foreft. Unfortunately for him, he had not the warrant in his pocket. The o-verfight was enormous ; and you have punifhed him for it accordingly. You have infilled, that an ati*<* t ufeful officer fhould be difmiffed from his plac You have ruined an innocent man and his family. In what language (hall I addrefs fo black, fo cowardly, a tyrant ; thou worfe than one of the Brim/wicks, and all the Stuarts i To them who know Lord North, it is unneceffary to fay, that he was mean and bafe enough to fubmit to you. This, however, is but a fmall part of the jfal. After ruinii.g the furveyor's deputy for a&ing without the warrant, you attacked the war- rant itfelf. You declared that it was illegal ; and fwore, in a fit of foaming frantic paflion, that it never fhould be executed. Youaffcrted upon your honour, that in the grant of the rangerfhip of Whittlebury Foreft, made by Charles the Second (whom, with a modefty that would do honpur to Mr Rigby, you are pleafed to call your anceftor) to one of his baftards, (from whom I make no doubt of your defcent), the property of the tim- ber is veiled in the ranger. I have examined the original grant ; and now, in the face of the pub- lic, contradict you dire&ly upon the fadl. The very reverfe of what you have aflerted upon your honour is the truth. The grant, exprefsly^ and by a particular clanfe t referves the property of the timber for the ute of the crown. In fpite of this evidence, in defiance of the reprefentations of the admiralty, in perfecl. mockery of the noto- rious dillrefies of the English navy, and thofe equally preffing and almoft equally notorious ne- ceffities of your pious Sovereign, here the matter refts. The lords of the treafury recal their war- rant ; the deputy-furveyor is ruined for doing his duty | 3 v> LETTERS duty; Mr John Pitt (whofe name I fuppofe is offensive to you) fubmits to be brow-beaten and infulted; the oaks keep their ground; the King is defrauded, and the navy of England may perifti for want of the heft and fined timber in the ifland. And all this is fubmitted to to appeafe the Duke of Grafton ! to gratify the man who has involved the King and his kingdom in confufion and di- ftrefs, and who, like a treacherous coward, defert- ed his Sovereign in the midft of it ! There has been a ftrange alteration in your doc- trines, fince you thought it advifeable to rob the Duke of Portland of his property, in order to ftrengthen the intercft of Lord ^^'s"fon-in-law before the laft general election. Nullum tempits occurrit regi, was then your boafted motto, and the cry of all your hungry partifans. Now, it feems, a grant of Charles the Second to one of his baftards is to be held facred and inviolable ! It muft not be queftioned by the King's fervants, nor fubmitted to any interpretation but your own. My Lord, this was not the language you held> when it fuited you to infult the memory of the glorious deliverer of England from that detefted family, to which you are flill more nearly allied in principle than in blood. In the name of de- cency and common fcnfe, what are your Grace's merits, either with King or miniftry, that fliouli intitle you to afTume this domineering authority over both ? Is it the fortunate confanguinity you claim with the houfe of Stuart? Is it the fccret correfpondence you have for fo many years carried on with Lord Bute, by the afliduous affiftance of your cream-coloured parafite t Could not your gallantry find fufficient employment for him in thofe gentle offices by which he firft acquired the tender friendship of Lord Harrington ? Or is it only that wonderful fympathy of manners which fubfifts between your Grace and one of your fu- O F J U N I TJ S. 31* periors, and does fo much honour to you both ? Is the union of Bli/ll and Black George no longer a romance? From whatever origin your influence in this country arifes, it is a phenomenon in the hiftory of human virtue and underftanding. Good men can hardly believe the faft. Wife men are unable to account for it. Religious men find ex* ercife for their faith ; and make it the laft effort of their piety, not to repine againft Providence. JUN1US. LETTER LVIII. ADDRESSED TO THE LIVERY OF LONDON. GENTLEMEN, SEPT. 30. 1771. IF you alone were concerned in the event of the preftnt election of a chief magiftrate of the metropolis, it would be the higheft prefumption in a ftranger to attempt to influence your choice, or even to offer you his opinion. But the fitua- tion of public affairs has annexed an extraordi- nary importance to your resolutions. You can- not, in the choice of your magiftrate, determine for yonrfelv es only. \ ou are going to determine upon a point in which every member of the com- munity is interefted. I will not fcruple to fay, that the very being of that law, of that right, of that conftitution, for which we have been fo loilg contending, is now at (lake. They who would enfnare your judgment tell yop, it is a common, ordinary cafe, and to be decided by ordinary pre- cedent and piaclice. They artfully conclude from moderate peaceable times, to times which are net moderate, and which ought not to be peaceable. While they foli< it your favour, they irfift upon a rule of rotation which excludes all idea of elee tion. i,u me be honoured with a few minutes of your attention. 5 i2 LETTERS attention. The queftion, to thofe who mean fair- ly to the liberty of the people, (which we all pro- fefs to have in view), lies wirhin -a very narrow compafs. Do you mean to defert that juft and honourable fyftem of meafures which you have hitherto purfued, in hopes of obtaining from par- liament, or from the crown, a ful! redrefs of paft grievances, and a fecurity for the future ? Do you think the caufe defperate, and will you declare that you think fo to the whole people of England? If this be your meaning and opinion, you will aft confidently with it in choofing Mr Nafb. I pro- fefs to be unacquainted with his private character. But he has afted as a magiftrate, as a public man. As fuch I fpeak of him. I fee his name in a proteft againft one of your remonftrancrs to the crown. He has done every thing in his power to deftroy the freedom of popular elections in the city, by publifhing the poll upon a former occa- fion; and I know in general, that he has dillin- guifhed himfclfjby flighting and thwarting all thofe public meafures which you have engaged in with the greateft warmth, and hitherto thought moft wor- thy of your approbation. From his paft conduct, what condufion will you draw, but that he will aft the fame part as Lord Mayor which he has in- variable afted as Alderman and Sheriff? He can- not alter his conduct without confelfing that he never acted upon principle of any kind. I fhould be forry to injure the character of a man, who perhaps may be honed in his intention, by fuppo- fiiig ir pojjlble that he can ever concur with you in any political meafure or opinion. If, on the other hand, you mean to perfeverc in thofe refolutions lor the public good, which, though not always fuccefsful, are always honour- able, your choice will naturally incline to thofe men who (whatever they be in other refpefts) are moll likely to co-operate with you in the great 3 purpofes OF JU. NIUS. 313 purpofes which you are determined not to relin- quifh: -The queftion is not of what metal your inftruments are made, but -whether they are adapt- ed to the "work you have in hand. The honours of the city, in thefe times, are improperly, becaufe ex- cluilvely, called a reward. You mean not merely to pay, but to employ. Are Mr Crc/Jy and Mr Sawbridge likely to execute the extraordinary as well as the or- dinary duties of Lord Mayor? Will they grant you. common-halls when it ihall be necefiary? Wilt they go up with remonftrances to the King? Have they firmnefs enough to meet the fury of a venal houfe of commons? Have they fortitude enough not to fhrink at irnprifonment ? Have they fpirit enough to hazard their lives and for- tunes in a conteft, if it fhould be neceflary, with a proftituted legiflature ? If thefe queftions can fairly be anfwered in the affirmative, your choice is made. Forgive this paffionate language. I am unable to correct it. The fubjeft comes home to us all. It is the langunge of my heart. J U N I U S. LETTER LCL TO THE PRINTER OF THE P U BLIC AD VERTISER* SIR, OCT. 5. 1771. "VTO man laments more fmcerely than I do, the * : unhappy differences which have arifen among the friends of the people, and divided them from, each other. The caufe undoubtedly fuffers a$ well by the diminution of that ftrength which union carries along with it, as by the feparate lofs of perfonal reputation which every man fuftains when his character and conduct are frequently held forth in odious or contemptible colours. Thefe differences are only advantageous to the com- mon enemy of the country. The hearty friends D d of 3 T 4 LETTERS of the caufe are provoked and difguftecl. The lukewarm advocate avails himfelf of any pretence to relapfe into that indolent indifference about every thing that ought to intereft an Englifhrnan, io unjuftly dignified with the title of moderation. The falfe, infidious partifan, who creates or foments the diforder, fees the fruit of his dif- honeft induthy ripen beyond his hopes, and re- joices in the promife of a banquet, only delicious to fuCh an appetite as his own. It is time for thofe who really mean the Caufe and the People, who have no view to private advantage, and who have virtue enough to prefer the general good of the community to the gratification of perfonal a- nimofities it is time for fuch men to interpofe. Let us try whether thefe fatal diflentions may not yet be reconciled; or, if that be impracticable, let us guard at leaft againft the worft efYefts of di- vifion, and endeavour to perfuade thefe furious partifans, if they will not confent to draw toge- ther, to be feparately ufeful to that caufe which they all pretend to be attached to. Honour and honefty muft not be renounced, although a thou- fand modes of right and wrong were to occupy the degrees of morality between Zeno and Epicurus^ The fundamental principles of Chriftianity may Hill be preferved, though every zealous fe&ary adheres to his own exclufive doctrine, and pious rcclefiaflics make it part of their religion to per- 1'ecute one another. The civil conititution too, that legal liberty, that general creed which every Englifhman profefTes, may dill be fupported, tho' "Wilkes, and Home, and Townfliend, and Saw- bridge, (hould obftinately refufe to communicate; and even if the fathers of the church, if Savile, Richmond, Camdcn, Rockingham, and Chatham, fhould difagree in the ceremonies of their politi- cal \vorfhip, and even in the interpretation of tests in Magna Charta. I fpeak to the peopls O F J U N I U S. 3 r$ people as one of the people. Let us employ thefe men in whatever departments their various abili- ties are beil fuited to, and as much to the ad van- tage of the common caufe as their different incli- nations will permit. They cannot ferve us, with- out eflentially ferving themfelves. If Mr Nafb be elected, he will hardly venture, after fo recent a mark of the perfonal efteein of his fellow-citizens, to declare himfelf immediately a courtier. The fpirit and activity of the fherifrs, will, I hope, be fufficient to counteract any Qnifter intentions of the Lord Mayor, In collifion with their virtue, perhaps he may take fire. It is not neceflary to exact from Mr Wilkes the virtues of a Stoic. They were inconfiflent with themfelves, who, almoft at the fame moment, reprefented him as the bafeft of mankind, yet feemed to expect from him fuch inftances of for- titude and felf-denial as would do honour to an apoille. It Is mn however flattery to fay, that he is obftinate, intrepid, and fertile in expedients. That h has no poflible refource, but in the pu- blic favour, is, in my judgment, a confulerable re- commendation of him. I wi(h that every man who pretended to popularity were in the fame predicament. I wifh that a retreat to St James's were not fo eafy and open as patriots have found it. To Mr Witkes there is no accefs. However he may be mifled by paflion or imprudence, I think he cannot be guilty of a deliberate treachery to the public. The favour of his countiy conftitutes the ihield which defends him againil a thoufand dag- gers. Defertion would difarm him. I can more readily admire the liberal fpirit and integrity, than the found judgment, of any man who prefers a republican form of government, in this or any other empire of equal extent, to a mo- narchy fo qualified and limited as ours. I am convinced, that neither is it in theory the wifeft D d 2 fyftera 3 i6 LETTERS fyflem of government, nor pra&icable In this country. Yet, though I hope the Englifh con- ftitution will for ever preferve its original mo- narchical form, I would have the manners of the people purely and ftriclly republican. I do not mean the licentious fpirit of anarchy and riot. I mean a general attachment to the common-weal, diftindt from any partial attachment to perfons or families; an implicit fubmiiTion to the laws only f and an affeclion to the magiftrate, proportioned to the integrity and wifdom with which he diftri- butes juflice to his people, and adminifters their affairs. The prefent habit of our political body appears to me the very reverfe of what it ought to be. The form of the conftitution leans rather more than enough to the popular branch ; while, in effect, the manners of the people (of thofe at leaft who are likely to take a lead in the country) incline too generally to a dependence upon the crown. The real friends of arbitrary power com- bine the fafts, and are not inconfiftent with their principles when they flrenuoufly fupport the un- warrantable privileges afTumed by the Houfe of Commons. In thefe circumftances, it were much to be defired, that we had many fuch men as Mr Sawbridge to reprefent us in parliament. I fpeak from common report and opinion only, when I Impute to him a fpeculative predilection in favour of a republic. In the perfonal conducl and man- ners of ihe man, I cannot be miftaken. He has fhown himfelf poflefled of that republican firmnefs which the times require ; and by which an Eng- 3ifh gentleman may be as ufc fully and as honour- ably diftinguifhed, as any citizen of ancient Rome^ of Athens, or Lacedemon. Mr Townfhend complains, that the public gra- titude has not been anfwerable to his deferts. It is not difficult to trace the artifices which have fuggefled to him a language fo unworthy of his under OF J U N I U S. 31,7 undeTilanding. A great man commands the af- fections of the people. A prudent man does not complain when he has loft them. Yet they are far from being loft to Mr Townfhend. He has treated our opinion a little too cavalierly. A young man is apt to rely too confidently upon himfelf, to be as attentive to his miftrefs as a polite and pafiionate lover ought to be. Perhaps he found her at firftloo eafy a conqueft. Yet, I fancy, fhe will be ready to receive him whenever he thinks proper to renew his addrefles. With all his youth, his fpirit, and his appearance, it would be inde- cent in the lady to folicit his return. I have too much refpect for the abilities of Mr Horne, to flatter myfelf that thefe gentlemen will ever be cordially re-united. It is not, however, unreafonable to expect, that each of them fhould act his feparate part with honour and integrity to the public. As for the differences of opinion upon fpeculative queftians, if we wait until they are re/- conciled, the action of human affairs muft be fuf- pended for ever. But neither are we to look for perfection in any one man, nor for agreement among many. When Lord Chatham affirms, that the authority of the Britiih legiflature is not fu- preme over the colonies in the lame fenfe in which it is fupreme over Great Britain ; when Lcrd Cambden fuppofes a neceflity, (which the King is to judge of), and, founded upon that neceflity, at- tributes to the crown a legal power (not given by the act itfelf) to fufpend the operation of an act: of the legiflature Lliften to them both with dif- fidence and refpedt, but without the fmalleft de- gree of conviction or affent. Yet, I doubt nor,, they delivered their real fentiments ; nor ought they to be haftily condemned. I too have a claim to the candid interpretation of my country^ when I acknowledge an involuntary, compulfive aflent to one very unpopular opinion. I lament I> but whether the defendant *' c be guilty or innocent, is not matter for four '* confideration." Clothe it in what language you will, this is the fum total of Lord Mansfield's doc- trine. If not, let Zeno (how us the difference. But it feems, the liberty of the prefs may be abu- fed> and the abnfe of a valuable privilege is the cer- tain means to lofe it. The jirjl I admit : but let the abufebe. fubmitted to a jury; a fufficient, and indeed the only legal and conftttutional check up- OF J U N I U S. 327 on tbe licence of the prefs. The fecond I flatly deny. In direct contradiction to Lord Mansfield^ I affirm, " that the abufe of a valuable privilege *' is not the certain means to lofe it." If it were, the Englifli nation would have few privileges left ; for where is the privilege that has not, at one time or other, been abufed by individuals. But it is falfe in reafon and equity, that particular abufes fhould produce a general forfeiture. Shall the community be deprived of the protection of the laws, becaufe there are robbers and murderers ? Shall the community be punifhed, 'oecaufe indi- viduals have offended ? Lord Mansfield, fays fo, confidently enough with his principles; but I won- der to find him fo explicit. Yet, for one concef- fion, however extorted, I confefs myfelf obliged, to him : The liberty of the prefs is after all a va- luable privilege. I agree with him oioit heartily, and will defend it againfl him. You afk me, What juryman was challenged by Lord Mansfield ? I tell you his name is Benfon* When his name was called, Lord Mansfield or- dered the clerk to pafs him by. As for his rea- fons, you may aik himfelf, for foe alligned none : but I can tell you what all men thought of it. This Benfon had been refractory upon a former jury, and would riot accept of the law as delivered by Lord Mansfield ; but had the impudence to pretend to think for himfelf. But you, it feems, honed Zena, know nothing of the matter. You never read Juniits's letter to your patron : You never heard of the intended inltrutlions from the city to impeach Lord Mansfield : You never heard by what dexterity of Mr Patcrfon that meafure was prevented. How wonderfully ill fome people are informed I Junius did never affirm, that the crime of fedu- cing the wife of a mechanic or a peer, is not the fame, taken in a moral or religious view. What E e i he 326 LETTERS ha affirmed, in contradi&ion to the levelling prin- ciple fo lately adopted by Lord Mansfield, wag, that the damages Jbould be proportioned to the rank nnd fortune of the parties ; and for this plain rea- fon, (admitted by.every other judge that ever fat in Weftminfter-hall), becaufe, what is a compen- fation or penalty to one man, is none to another. The fophiftical diftin&ion you attempt to draw between the pcrfon injured and the perfon inju- ring, is Mansfield all over. If you can once efta- blifli the propofition, that the injured party is not intitled to rectivelarge damages, it follows pretty plainly, that the party injuring (hould not be com- pelled to pay them ; confequently the King's bro- ther is effectually fcreened by Lord Mansfield's dolrine. Your reference to Nathan and David come naturally in aid of your patron's profefled Xyftem of jurifprudence. He is fond of introdu- cing into the court of King's-bench any law that contradifts or excludes the common law of Eng- land } whether it be canon, civil, jus gentium, or Levitical. But, Sir, the Bible is the code of our religious faith, not of our municipal jurifprudence ; and though it was the pleafure of God to inflict a particular pum'Qiment upon David's crime (taken as a breach of his divine commands), and to fend his prophet to denounce it, an Englifh jury have nothing to do either with David or the prophet. They confider the crime only as it is a breach of order, an injury to an individual, and an offence to fociety ; and they judge of it by certain pofi- tive rules of law, or by the practice of their an- ceftors. Upon the whole, the man after God's fwn heart is much indebted to you for comparing him to the Duke of Cumberland- That his Royal Highnefs may be the man after Lord Mansfield's own heart, feems much more probable-, and you, I think, Mr Zeno, might fucceed tolerably well in the chara&er of Nathan. The evil deity, the prophet, OFJUNIUSr 32* prophet, and the royal finner, would be very pro- per company for one another. You fay Lord Mansfield did not make the com* miflioners of the Great Seal, and that he only ad- vifed the King to appoint. I believe Junhis meant no more ; and the diftinclion is hardly worth dif- puting. You fay he fid not deliver an opinion upon Lord Chatham's appeal. I affirm that he did y direftly in favour of the appeal. This is a point of fact, to be determined by evidence only. But you af- fign no reafon for his fuppofed filence, nor for his defiring a conference with the judges the day be* fore. Was not all Weftminfter-hall convinced that he did it with a view to puzzle them with fome perplexing queftion, and in hopes of bring- ing fome of them over to him ? You fay the com- miflioners were very capable of framing a decree for them/elves. By the faft, it only appears> that they were capable of framing an illegal one j which, I apprehend, is not much to the credit either of their learning or integrity, We are both agreed, that Lord Mansfield ha& inceflantly laboured to introduce new modes of proceeding in the court where he prefides ', but you attribute it to an honeft zeal in behalf of inno- Cnce oppreffed by quibble and chicane. J fay,, tflat he has introduced nc-w law (oo r and removed the landmarks eftablifhed by former decifrons. I fay, that his view is to change a court of common law into a court of equity, and to bring every thing within the arbitrium of a pratorian court. The public muft determine between us. But now for his merits. Fir/}, th.cn, the eflablifliment of the judges in their places for life, (which you tell us was advifed by Lord Mansfield), was a concefliort merely to catch the people. It bore the appear- ance of 'a royal bounty, but had nothing real in it. The judges \vere already for life, excepting in tke e 3 cafg 330 LETTERS cafe of a demife. Your boafted bill only provides, tkat it (hall not be in the power of the King's fuc- cefibr to remove them. At the beft, therefore, it is only a legacy, not a gift, on the part of his pre- fent Majefty, fince for himfelf he gives up no- thing. That he did oppofe Lord Camden and Lord Northingtoh upon the proclamation againft the ex- portation of corn, is moft true, and with great abi- lity. With his talents, and taking the right fide of fo clear a queftion, it was inipofuble to fpe-ak ill. His motives are not fo eafily penetrated. They who are acquainted with the ftate of politics at that period, will judge of them fomewhat differ- ently from Zeno. Of the popular bills, which you fay he fupported in the houfe. of Lords, the moft material is unqueftionably that of Mr Grenville y for deciding contefled elections. But I mould be glad to know upon what poflible pretence any member of the Upper Houfe could oppofe fuch a bill after it had pafl'ed the houfe of commons ?\ do not pretend to know what fhare he had in promo- ting the other two bills i but I am ready to give him all the credit you defire. Still you will find, that a whole life of deliberate iniquity is ill atoned for, by doing now and then a laudable action up- on, a mixed or doubtful principle. If it be unwor- thy of him, thus ungratefully treated, to labour any longer for the public, in God's name Jet him retire. His brother's patron (whofe health he once was anxious for) is dead; but the fon of that un- fortunate prince furvives> and, I dare fay, will be ready to receive him, PHILO JUNIUS. LET- O F J U N I U S. LETTER LXII. TO AN ADVOCATE IN THE CAUSE OF THE PEOPLE. SIR, OCT. 18. 1771. YOU do not treat Juntas fairly. You would not have condemned him fo haftily, if you had ever read Judge Fqfter's argument upon the legality of prefling feamen. A man who has not read that argument, is not qualified to fpeak accurately upon the fubjecl. In anfwer to'ftrong facls and fair reafoning, you produce nothing but a vague comparifon between two things which have little or -no refemblance to each other. General war- rants, it is true, had been often iflued ; but they had never been regularly queftioned or refilled until the cafe of Mr Wilkcs. He brought them to- trial ; and the moment they were tried, they were declared illegal* This is not the cafe of Prefs- "warrants' They have been complained of, que- ftioned, and refilled in a thoufand inftances } but ftill the legillature have never interpofed, nor has there ever been a formal decifion againfl them ia any of the fuperior courts. On the contrary, they have been frequently recognifed and admitted by parliament ; and there are judicial opinions given in their favour by judges of the fird character. Under the various circumflances ftated by Junius t he has a right to concludeyir himfelf> that there is no remedy. If you have a good one to propofe, you may depend upon the afliftance and applaufe of Junius. The magiilrate who guards the liberty of the individual, deferves to be commended. But let him remember, that it is alfo his duty to pro- vide for, or at leaft not to hazard, the fafety of the community. If in the cafe of a foreign war, and the expectation of an invafion, you would ra- iher keep your fleet in harbour, than man it. by preflfing 331 LETTERS prefling fcamen who refufe the bounty, I have done. You talk of difbanding the army with wonder- ful eafc and indifference. If a wifer man held fuch language, I fhould be apt to fufpecl his fin- cerity. As for keeping up a 'much greater number of feamen in time of peace, it is not to be done. You will opprefs the merchant, you will diftrefs trade, and deftroy the nurfery of your feamen. He muft be a miferable ftatefman, who voluntarily by the fame aft increafes the public expence, and leflcns the means of fupporting it. PHILO JUNIUS. LETTER LXIII. OCT. 22. 1771. A Friend of Junius defires it may be obferved, (in anfwer to A Barrijler at Law), i wo, That the fa& of Lord Mansfield's having ordered a juryman to be patted by (which poor Zeno never heard of) is now formally admitted. When Mr Sen/on's name was called, Lord Manf- ^V/Jwas obferved to flufh in the face, (a fignal of guilt not uncommon with him,) and cried out, Pafs him by. This I take to be fomething more than a peremptory challenge. It is an unlawful command^ without any reafon afligned. That the counfel did not refift, is true ; but this might hap pen either from inadvertence, or a criminal com- plaifance to Lord Mansfield. You Barriflcrs are too apt to be civil to my Lord Chief Juitice, at the expence of your clients. ido, Junius did never fay that Lord Mansfield had dejiroyed the liberty of the prefs. "That his " Lordfhip has laboured to deftroy^ that his doc- trine is an attack upon the liberty of the prefs, that O F J U N I U $. 333 " that it is an invafion of the right of juries," are the propofitions maintained by Junius. His opponents never anfwer him in point, for they ne- ver meet him fairly upon his own ground. ^tio, Lord Mansfield's policy, in endeavouring to fcreen his unconftitutional dodtrines behind an acl: of the legiflature, is eafily underftood. Let every Englifhman (land upon his guard ; the right of juries to return a general verdift, in all cafes whatfoever, is a part of our conilitution. It ftand* in no need of a bill, either enabling or declaratory to confirm it. 4fil him. The truth of the mat- ter is plainly this. When Lord Mansfield has fuc- Cecdcd in his fchcme of changing ,i court of com- mon la~w to a court of equity, he will h ive it in his power to do injuftice whenever he thinks proper. This, though a wicked purpofe, is neither abfurd nor unattainable. 6tO) The laft paragraph relative to Lord Cba,- thams caufe cannot be anfwered. It partly refers to facls of too fecret a nature to be afcertained, and partly is unintelligible. But Junius thinks he has much greater rea- fon to complain, that he is never affifted by thofe who are able to afllft him ; and that almoll the whole labour of the prefs is thrown upon a fingle hand, from which a difcuffion of every public qurftion whatfoever is unreafonably expe&ed. He is not paid for his labour, and certainly has a right to choofe his employment. As to the Game Laws, he never fcrupled to declare his opinion, that they are a fpecies of the Forrft Laius ; that they are oppreflive to the fubjecl j and that the fpirit of them is incompatible with legal liberty: That the penalties imposed by thefe laws bear no proportion to the nature of the offence ; that the mode of trial, and the degree and kind of evidence necef- fary to convicl, not only deprive the fubjeft of all the benefits of a trial by jury, but are in them- felves too iummary, and to the laft degree arbi- trary and oppreflive ; That, in particular, the late i, acts OF J UNI US. 337 acts to prevent dog-ftealing, or killing game be- tween fun and fun, are diftinguifhed by their ab- furdity, extravagance, and pernicious tendency. If thefe terms are weak or ambiguous, in what language can Junius exprefs himfelf? It is no excufe for Lord Mansfield to fay, that he happened to be abfent when thefe bills pafled the houfe of Lords. It was his duty to be prefent. Such bills could never have pafled the houfe of commons without his knowledge. But we very well know by what rule he regulates his attendance. When that order was made in the houfe of Lords in the cafe of Lord Pomfret, at which every Englifhman fhudders, my honeft Lord Mansfield found himfelf, by mere accident, in the court of King's Bench : . Otherwife he would have done wonders in de- fence of law and property ! The pitiful evafion is adapted to the character. But Junius will never juftify himfelf by the example of this bad man. The diftinlion between doing -wrong, and avoid" ing to do right) belongs to Lord Mansfield. Junin? difclaims it. LETTER LXV. TO LORD CHIEF JUSTICE MANSFIELD. Nov. 2. 1771. AT the interceffion of three of your country- men, you have bailed a man who, I prefume, is alfo a Scotchman, and whom the Lord Mayor of London had refuted to bail. I do not mean to* enter into an examination of the partial, finifter motives of your conduct; but, confining myfelf ftriclly to the fact, I affirm, that you have done that which by law you were not warranted to do. The thief was taken in the theft ; the ftolea goods were found upon him, and he made no de- fence. In thefe circumftances, (the truth of which 2 F f you 338 L ' E T T E R S you dare not deny, becaufe it is of public notriety\ it could not (land indifferent whether he was guil- ty or not, much lefs could there be any prefump- tion of his innocence ; and, in thefe circumftan- ces, I affirm, in contradiction to YOU, LORD CHIEF JUSTICE MANSFIELD, that, by the laws of England, he was not bailable. If ever Mr Eyre ihould be brought to trial, we (hall hear what You have to fay for yourfelf 5 and I pledge myfelf, be- fore God and my country, in proper time and place, to make good my charge againfl you. JUNIUS. LETTER LXVI. TO THE PRINTER OF THE PUBLIC ADVER- TISER. Nov. 9. 1771. TrUNIUS engages to make good his charge againil J Lor d Chief Jujlice Mansfield fome time before the meeting of parliament, in order that the hoofe of commons may, if they think proper, make it one article in the impeachment of the faid Lord Chief Jujlice. LETTER LXVII. TO HIS GRACE THE DUKE OF GRAFTON. Nov. 27. 1771. WHAT is the reafon,-my Lord, that when al- moft every man in the kingdom, without diftinclion of principles or party, exults in the ri- diculous defeat of Sir James Lowther; when good and bad men unite in one common opinion of that baronet, and triumph in his diftrefs, as if the event (without any reference to vice or virtue) were in- tcxeiling to human nature ; your Grace alone fliould O F J U N I U S. 339 fiiould appear fo miferably deprefTed and afflicted? In fuch univerfal joy, I know not where you will look for a compliment of condolence, unlefs you appeal to the tender, fympathetic forrows of Mr Bradfhaw. That cream-coloured gentleman's tears, affecting as they are, carry confolation with them. He never weeps but, like an April fliower, with a lambent ray of funfhine upon his countenance. From the feelings of honed men upon this joyful occafion, I do not mean to draw any conclufion to your Grace. 7hey naturally rejoice when they fee a fignal inftance of tyranny. re fitted with fuccefs; of treachery expofed to the derifion of the world; an infamous informer defeated, and an impu- dent robber dragged to the public gibbet But, in the other clafs of mankind, I own I expected to meet the Duke of Grafton. Men who hav no regard for juftice, nor any fenfe of honour, feem as heartily pleafed with Sir James Lowther's well- deferred punifhment, as if it did not conftitute an example againft themfelves. The unhappy Baro- net has no friends, even amojig thofe who refemble him. You, my Lord, are not reduced to fo de- plorable a ftate of dereliction. Every villain in the kingdom is your friend j and, in compliment to fuch amity, I think you fhould fuffer your dif- mal countenance to clear up. Befides, my Lord>. I am a little anxious for the confiftency of your character. You violate your own rules of deco- rum, when you do not infult the man whom you have betrayed. The divine juftice of retribution feems now to have begun its progrefs. Deliberate treachery entails punifhment upon the traitor. There is no poffibility of efcaping it, even in the highefl rank to which the confent of fociety can exalt the mean- eft and worft of men. The forced, unnatural u,. nion of Luttrell and Middlefex was an omen o another unnatural union, by which jadefeafible F f 2 infamy 340 LETTERS infamy is attached to the houfe of Brunfwick. If one of thefe ad/ts was virtuous and honourable, the beft of Princes, I thank God, is happily rewarded for it by the other. Your Grace, // has beenfaid, had fome fhare in recommending Colonel Luttrell to the King ; or was it only the gentle Bradfhaw who made himfelf anfwerable for the good beha- viour of his friend? An intimate connexion has long fubfifted between him and the worthy Lord Irnham. It arofe from a fortunate fimilarity of principles, cemented by the conftant mediation of their common friend Mtfs Davis*. Yet I confefs I fhould be forry that the oppro- brious infamy of this match fhould reach beyond the family. We have now a better reafon than ever * There is a certain family in this country, on which nature feems to have entailed an hereditary bafenefs of difpofition. Ai far as their hiftory has been known, the fon has regularly impro- ved upon the vices of his father, and has taken care to tranfmit them pure and undiminifhed into the bofom of his fuccefior. la the fenate, their abilities have conSncd them to thofe humble, for- did feivicts in which the fcavengers of the miniftry are ufually em- ployed. Hut, in the memoirs of private treachery, they ftand firft nd unrivalled. The following (lory e recorded for the CH- riofity of the fact, and fhould he given to the public as a warning to every honed member of fociety. The prefent Lord Irnham, who is now in the decline of life, lately cultivated the acquaintance of a younger brother of a family with which he had lived in fome degree of intimacy and friendship. The young man had long been the dupe of a moff unhappy attach- ment to a common proftitute. His friends and relations forefaw the confcquences of this connection, and did every thing that de- pended upon them to fave him from ruin. But he had a friend in JLord Irnham, whole advice rendered all their endeavours ineffec- tual. This hoary letcher, not contented with the enjoyment of his friend's miftrcfc, was bafe enough to take advantage of the paf- fions and -folly of a young man, and perfuaded him to marry her. lie defcended even to perform the office of father to the proftitnte. He gave her to his friend, who was on the point of leaving the Kingdom, and the next night lay with her himfelf. Whether the depravity of the human heart csn produce any thing moie bafc and detcllable than this fad, mult be left unde- ' termincd until the fon fhall arrive at the father's age and expe- rience. O F J U N I U S. 341 ever to pray for the long life of the bed of Princes, and the welfare of his royal iffue. I will not mix any thing ominous with my prayers;' but let par- liament look to it A Luttrell fhall never fucceed to the crown of England. If the hereditary vir- tues of the family deferve a kingdom, Scotland will be a proper retreat for them. The next is a moft remarkable inftance of the goodnefs of Providence. The juft law of retalia- tion has at laft overtaken the little contemptible tyrant of the North. To the fon-in-law of your deareft friend the Earl of Bute you meant to tranf- fer the Duke of Portland's property ; and you ha- ftened the grant with an expedition unknown to the Treafury, that he might have it time enough to give a decifive turn to the election for the coun- ty. The immediate confequence of this flagitious robbery was, that he loft the election which you meant to infure to him, and with fuch fignal cir- cumftances of fcorn, reproach, and infult, (to fay- nothing of the general exultation of all parties), as (excepting the King's brother-in-law Col. Lut- trell, and old Simtn his father -in-law) hardly evcj fell upon a gentleman in. this country. In the event, he lofes the very property of which he thought he had gotten pofiefiion,. and after an ex- pence which would have paid the value of the land in queftion twenty times over. The form* of villainy, you fee,, are neceffary to its fuctefs^ Hereafter you will act. with greater circumfpection,. and not ciiive fa directly to your object. Tofnatc/r a grace beyond the reach oi cocnitton treacheiy, is an exception., not a rule. And now, my good Lord, does not your con- fcious he-:- inform you, that the juftice of retri- bution beg'-:.; to operate, and that it miy foon ap- proach your pcrfon ? Do you think that Jun^s has renounced the Middlefex election v- or that the King's timber (hall be rei'ulcd to the Royal Ff 3 Kavy 342 LETTERS Navy with impunity ? -or that you (hall hear no more of the fale of that patent to Mr Hine, which you endeavoured to fkreen by fuddenly dropping your profecution of Samuel Vaughan, when the rule againft him was made abfolute ? I believe indeed there never was fuch an inftance in all the hiftory of negative impudence. But it (hall not feve you. The very funfhine you live in is a pre- lude to your difiblution. When you are ripe, you fhall be plucked. JUNIUS. P. S. I beg you will convey to our gracious ma- tter my humble congratulations upon the glorious fuccefs of peerages and penfions, fo lavifhly diftri- buted as the rewards of Irifh virtue. LETTER LXVIII, TO LORD CHIEF JUSTICE MANSFIELD. JUN. 21. T HAVE undertaken to prove, that when, at the " interceflion 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 circumftances of being taken in the faEl^ with the ftolen goods upon him, and making no defence > is not bailable by the laws of England. Your learn- ed advocates have interpreted this charge into a denial that the court of King's-bench, or the jud- ges of that court during the vacation, have any greater authority to bail for criminal offences than a juftice of peace. With the inftance before me,. I am fuppofed to queftion your power of doing wrong, and to deny the exigence of a power at the fame moment that I arraign the illegal exer- cife of it. But the opinions of fuch men, whe- ther wilful in their malignity, or fincere in their" Ignorance, are unworthy of my notice. You, Lord, O F J U N I U 3, 243 Lord Mansfield, did not underftand me fo; and, I promife you, your caufe requires an abler defence. I am now to make good my charge againft you. However dull my argument, the fubjedl of it is in- terefting. I {hall be honoured with the attention of the public, and have a .right to demand the at- tention of the legiflature. Supported as I am by the whole body of the criminal law of England, I have no doubt of eftablifhing my charge. If, on your part, you fhould have no plain, fubftantial de- fence, but ihould endeavour to fhelter yourfelf un* der the quirk and evafion of a pralin"ng lawyer, or under the mere infulting aflertion of power without right, the reputation you pretend to is gone for ever; you (land degraded from the refpel and authority of your office, and are no longer, de jure, Lord Chief Juftice of England. This letter, my Lord, is addrefled, not fo much to you, as to the public. Learned as you are, and quick in ap- prehenfion, few arguments ate neceflary to fatisfy you, that you have done that which by law you, were not warranted to do. Your confcience al- ready tells-you, that you have finned againft know- ledge, and that whatever defence you make cont- radicts your own internal conviction. But other men are willing enough to take the law upon truft. They rely upon your authority, becaufe they are too indolent to fearch for information j or, conceiving that there is fome myftery in the laws of their country which lawyers only are qua- lified to explain, they diftruft their judgment, and voluntarily renounce the right of thinkingfor them- felves. With all the evidence of hiftory before them, from Trefillian to Jefferies, from Jefferies to Mansfield, they will not believe it poffible that a learned judge can aft in direct contradiction to thofe laws which he is fuppofed to have made the ftudy of his life, and which he has fworn to ad- faithfully. Superftition is certainly not 344 LETTERS the chara&eriftic of this 'age. Yet fome men are bigotted in politics who are infidels in religion. I do not defpair of making them afhamed of their credulity. The charge I brought againft you is exprefled *in terms guarded and well confidered. They do not deny the ftridr, power of the judges of the court of King's Bench to bail in cafes not bailable by a juftice of peace, nor replevifable by the com- mon writ, or ex officio by the fheriff. I well know the practice of the court, and by what legal rules it ought to be directed. But, far from meaning to foften or diminifh the force of thofe terms I have made ufe of, I now go beyond them, and affirm, I. That the fuperior 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 affent of the legiflature to this power is merely negative,- and that it is not fupported by any pofitive provifion in any ftatute whatfoever If it be, produce the ftatute. II. Admitting that the judges of the court of King's Bench are veiled with a difcretionary power to examine and judge of circumftances and alle- gations which a juftice of peace is not permitted to confider, I affirm that the judges, in the ufe and application of that difcretionary power, are as ftric~Uy bound by the fpirit, intent, and meaning, as the juftice of peace is by the words, of the le- giflature. Favourable circumftances, alleged be- fore the judge, may juftify a doubt whether the prifoner be guilty or not ; and, where the guilt is doubtful, a prefumption of innocence (hould, in general, be admitted. But, when any fuch pro- bable circumftances are alleged, they alter the (late and condition of the prifoner. He is no longer that all- but-convicted felon whom the law intends, and who by law is not bailable at all. If O F J U N I U S. 345 no circumftances whatfoever are alleged in his fa- vour j if no allegation whatfoever be made to leflen the force of that evidence which the law annexes to a poGrive charge of felony, and parti- cularly to the fact of being taken "with the maner ; I then fay, that the Lord Chief Judice of England has no more right to bail him than a juitice of peace. The difcretion of an Englifh judge is not of mere will and plcafure \ it is not arbitrary ; it is not capricious ; but, as that great lawyer, (whofe authority I wifli you refpe&ed half as much as I do) truly fays*, " Difcretion, taken as it tf ought to be, is, difcernere per legem quid fit jitf- " turn. If it be not directed by the right line of " the law, it is a crooked cord, and appeareth to' tf be unlawful." If difcretion were arbitrary in the judge, he might introduce whatever novelties he thought proper. But, fays Lord Coke, " No- * velties, without warrant of precedents, are not " to be allowed ; fome certain rules are to be fol- " lowed ; Qiticquidjudicis authoritati fuhjicitur t (< novitati non fubjicitur " and this found dolrine is applied to the Star chamber, a court confelTedly arbitrary. If you will abide by t-he authority of this great man, you {hall have all the advantage of his opinion, wherever it appears to favour you. Excepting the plain exprefs meaning of the legif- lature, to which all private opinions muft give way, I defire no better judge between us than Lord Coke. III. I affirm, that, according to the obvious in- difputable meaning of the legiflature, repeatedly exprefled, a perfon pofnively charged with feloni- oitjly ft eating, and taken in flagrant e d<'lifto> with the ilolen goods upon him, is not bailable. The law confiders him as differing in nothing from a convift, but in the form of conviction; and (what- ever a corrupt judge may do) will accept of no fe- curity * 4 Inf. 4 r. 66. 34 6 LETTERS curity but the confinement of his body within four walls. I know it has been alleged in your favour, that you have often bailed for murders, rapes, and other manifeft crimes. Without quef- tioning the fact, I (hall not admit that you are to be juftified by your own example. If that were a protection to you, where is the crime, that, as a judge, you might not now fecurely commit? But neither mall I fuffer myfelf to be drawn afide from my prefent 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 inveftigate a queftion of law, de- mands fome labour and attention ; though very little genius or fagacity. As a practical profef- fion, the ftudy of the law requires but a moderate portion of abilities. The learning of a pleader is ufually upon a level with his integrity. The in- difcriminate defence of right and wrong contracts the understanding, while it corrupts the heart. Subtlety is foon miftaken for wifdom, and impu- nity for virtue. If there be any inftances upon record, as fome there are undoubtedly, of genius and morality united in a lawyer, they are diftin- guiflied by their fingularity, and operate as excep- tions. I muft folicit the patience of my readers. This is no light matter; nor is it any more fufceptible of ornament, than the conduct of Lord Mansfield is capable of aggravation. As the law of bail, in charges of felony, has 'been exactly afcertained by acts of the legiflature, it is at prefent of little confequence to inquire how it flood at common law before the ftatute of Weflminfter. And yet it is worth the reader's attention to obferve, how nearly, in the ideas of our anceftors, the circumftance of being taken ivitb the mancr approached to the conviction of the OF J U N I U S. 347 felon*. " It fixed the authoritative ftamp of ve- " rifimilitude upon the accufation ; and, by the " common law, when a thief was taken -with the 41 maner (that is, with the thing ftolen upon him, tf in manu} he might, fo detected JJagrante deliElo, " be brought into court, arraigned and tried, with* " out indiftment; as, by the Danifh law, he might " be taken and hanged upon the fpot, without ac- " cufation or trial." it will foon appear that our ftatute-law, in this behalf, though lefs fummary in point of proceeding, is directed by the fame Tpirit. In one inftance, the very form is adhered to. In offences relating to the foreft, if a man was taken with vert, or venifonf, it was declared to be equivalent to indictment. To enable the reader to judge for himfelf, I fhall flate, in due order, the feveral ftatutes relative to bail in cri- minal cafes, or as much of them as may be mate- rial to the point in queftion, omitting fuperfluour words. If I mifreprefent, or do not quote with fi- delity, it will not be difficult to detecl me. The ftatute of Weftminfter the firftf, in 1275, fets forth, that " Forafmuch as fheriffs and others, " who have taken and kept in prifon perfons de- " tested of felony, and incontinent have let out " by replevin fuch as were not replevifable, becaufe " they would gain of the one party and grieve the " other-, and forafmuch as, before this time, it " was not determined which perfons were reple- " vifable, and which not^ it is provided, and by " the King commanded, that fuch prifoners, &c. " as be taken -with the maner, &c. or for manifejl <( offences, fhall be in no wife replevifable by the f( common writ, nor without writ." Lord Coke, * Blactflonc, 4. ;o3- f I Ed. III. cap. 8. and 7 Rid. \\.cap. 4. \ " Vldetifr que /<; Jliitute de maiaprife ne'Jl que reberful del comett u ley:' Bro. Maii-p <5i. I " There arc three points to he confidercd in the conftruHort' *^ of all remedial ftatu'.es ; the old law, the mifch;cf, and the remedy ; 34 3 L E T T E R. S Coke in his expofition of the lad part of this quo- tation, accurately diftinguifhes between replevy by the common writ, or ex cfficio> and bail by the King's Bench. The words of the ftatute certain- ly do not extend to the judges of that court. But, befides that the reader will foon find reafon to think that the legiflature, in their intention, made no difference between bailable and replevifable y Lord Coke himfelf (if he be underftood to mean nothing but an expofition of the ftatute of Weft- minfter, and not to ftate the law generally) does not adhere to his own diftinction. In expounding the other offences which, by this ftatute, are de- clared not replevifable> he conftantly ufes the words not bailable. " That outlaws, for inftance, are ' not bailable at all; that perfons who have ab- * jured the realm, are attainted upon their own " confeflion, and therefore not bailable at all by tf law; that provers are not bailable-, that no- ' torious felons are not bailable* The reafon why the fuperior courts were not named in the ftatute of Wcftminfter, was plainly this, " becaufe an- c ciently moft of the bufmefs touching bailment ' of prifoners for felony or mifdemeanours, was " performed by the {h^riffs, or fpecial bailiffs of liberties, either by writ, or virtute officii * j" confequently the fuperior courts had little or no opportunity to commit thofe abufes which the fta- tute imputes to the fheriiTs. With fubmiffion to Dr Blackftone, I think he has fallen into a con- tradiction ; which, in terms at leaft, appears ir- reconcileable. After enumerating feveral offences not bailable, he aflerts, without any condition or limitation whatfoever f, 352 LETTERS without tight, and a daring violation of the whole Englifh law of bail. The aft of the 3 1 ft of Charles the Second (com- monly called the Habeas Corpus aft] particularly declares, that it is not meant to extend to treafon or felony plainly and fpecially exprefied in the warrant of commitment. The prifoner is there- fore left to feek his habeas corpus at common law; and fo far was the legiflature from fuppofing that perfons (committed for treafon or felony plainly and fpecially expreffed in the warrant of'commit- ment) could be let to bail by a fingle judge, or by the whole court, that this very al provides a re- medy for fuch perfons, in cafe, they are not in- dicled in the courfe of the term or fdlions fub- fequent to their commitment. The law neither fuffers them to be enlarged before trial, nor to be imprifoned after the time in which they ought regularly to be tried. In this cafe the law fays, M It (hall and maybe lawful to and for the judges " of the court of King's Bench, and juftices of t( oyer and terminer, or general gaol delivery, and " they are hereby required, upon motion to them < made in open court, the laft day of the term, feffion, or gaol-delivery, either by the prifoner " or any one in his behalf, to fer at liberty the ** prifoner upon bail ; unlefs it appear to the jud- *< ges and juftices, upon oath made, that the \vit- " nelfes for the king could not be produced the *' fame term, feffions, or gaol-delivery." Upon the whole of this article, I obferve, I. That the provifion made in the firft part of it, would be, in a great meafure, ufelefs and nugatory, if any fingle judge might have bailed the prifoner ex ar- kitrio during the vacation; or if the court might have bailed him immediately after the commence- ment of the term -or feffions. 2. When the law fays, It f!:a! I and may be lawful to bail for felony under particular circumilances, we rnuft prefume, that OF J U N 1 U S, js$ that before the paffing of that acl, it was not law- ful to bail under thofe circumftances. The terms- ufed by the legiflature are enaftingi not declarator ry. 3. Notwithstanding the party may have been imprifoned during the greatefl part of the vaca* tion, and during the whole fefiion, the court are exprefsly forbidden to bail him from that fefllon to the next, if oath be made that the whnefies for the King could not be produced that fame term or feffions. Having faithfully Mated the feveral acts of par- liament relative to bail in criminal cafes, it may- be ufeful to the reader to take a fhort hiftorieal review of the law of bail, through its various gra- dations and improvements. By the ancient common law, Before and fince the Conqueft, all felonies were bailable, till mur- der was exeepted by ftatute ; fo that perfons might" be admitted to bail, before conviction, almofl ire every cafe. The ftatute of Wdtminder fays, that before that time, it had not been determined; which offences were replevifable, and which were not, whether by the common writ de homine replc^ giando, or ex officio by the fheriff. It, ia very re- markable, that the abufes arifing from this unli- mited power of replevy, dreadful as they were,, and deftrudtive to the peace of foci ety,. were not corrected or taken notice of by the legiflature, un- til the commons of the kingdom had obtained' a hare in it by their reprefentatrves ; but the houfe of commons had fcarce begun to exift, when thefe formidable nbufcs were cocreeled by the ftatute of Weftminfter. It is highly probable, that the mifchief had been feverely felt by the people, al- though no remedy had been provided for it by the Norman Kings or Barons. " The iniquity of the " times was fo great*, as it even forced the " fubje&s to forego that, which was in accou-pjt G g 3 ** a * SJ&K, bj- ^Y. Eaziu, I if*.. 3JT4 LETTERS * a great liberty, to ftop the courfe of a growing " mifchief." The preamble to the ftatutes, made by the firft parliament of Edward the Firft, affigns the reafon of calling itf, " becaufe the people " had been otherwife entreated than they ought " to be, the peace lefs kept, the laws lefs ufed, *' and offenders lefspuni/bed, than they ought to be, '* by reafon whereof the people feared lefs to of- u fend :" and -the firft attempt to reform thefe various abufes, was by contracting ths power of replevying felons.- For above two centuries following, it does not appear that any alteration was made in the law ef bail, except that being taken ivith vert or veni- fsn was declared to be equivalent to indictment. The legiflature adhered firmly to the fpuit of the ftatute of Weftminfter^ - The ffatute of 2yth of Edward the Firft, directs the juftices of affi-ze to inquire and punifh officers bailing fuch as were not bailable. As for the judges of the fupericr courts, it is probable, that in thofe days they thought themfelves bound by the obvious intent and meaning of the legifhture They confidereil not fo much to what particular perfons the prohi- bition was addreffed, as what the thing was which the legiflature meant to prohibit ; well knowing, that in law, quando aliquid prohibetur, prohibetur et omne y per quod devenitur ad illud. " When any ' thing is forbidden, all the means by which the * fame thing may be compared or done, are e- * qually forbidden." By the ftatute of Richard the Third, the power of bailing was a little enlarged. Every juftice of peace was authorifed to bail for felony j but they were exprefsly confined to perfons arrefted on ligfrt fufpicion; and even this power, fo limited, was found to produce fuch inconveniences, that, in three years after, the legiflature found it neceilary to. | Padismeutary. Hiftory, i. 8* O F J U N I U S. 35:5 to repeal it. Inftead of trufting any longer to 9 fmgle juftice of peace, the at of qd Henry Vli, repeals the preceding aft, and directs, '* that no " prifoner (of thofe who are mainpernable by the '* law} fhall be let to bail or mainprife by lefs " than two juftices, whereof one to be of the ' quorum." And To indifpenfably neceflary was this provifion thought for the adminiftration of juftice, and for the fecurity and peace of focietj*, that at this time an oath was propofed by the King, to be taken by the knights and ef quires of his houfehold, by the members of the houfe of com- mons, and by the peers fpiritual and temporal, and accepted and fworn to quafi una voce by them all ; which, among other engagements, binds them " not to let any man to bail or mainprife, " knowing and'deeming him to be a felon, upon ' your honour and worfliip. So help you God and all faints*." In about half a century, however, even thefe .provifions were found, infufficient. The al of Henry the Seventh was evaded, and the legislature once more obliged to interpofe. The aft: of ift and 2d of Philip and Mary, takes away entirely from the juftices all power of bailing for offences declared not bailable by the ftatute of Weftmin* fter. The illegal imprifonment of feveral perfons who had refufed to contribute to a loan exacted by Charles the Firft, and the delay of the habeas cor- pus, and fubfequent refufal to bail them, confti- tuted one of the firfl and mod important grievan- ces of that reign. Yet when the houfe of com- mons, which met in the year 1628, refolved upon meafures of the moft firm and ftrenuous refift- ance to the power of imprifonment afTumedbythe King or privy-council, and to the refufal to bail the party on the return of the habeas corpus, they did * Parliamentary Hiftory, ii. 419. 35 6 LETTERS did exprefsly, in all their refolutions, mnke an ex- ception of commitments, where the caufe of the reftraint was expreffed, and did by law juftify the commitment. The reafon of the diftin&ion is, that whereas, when the caufe of commitment is exprefled, the crime is then known, and the of- fender mufl be brought to the ordinary trial ; if, on the contrary, no caufe of commitment be ex- preffed, and the prifoner be thereupon remanded, it may operate to perpetual imprifonment. Thrs conteft with Charles the Firft produced the aft of the i6th of that king ; by which the court of King's Bench are direfted, within three days after the return to the habeas corpus, to examine and determine the legality of any commitment by the King or privy-council, and to do what tojujlice /ball appertain, in delivering, bailing, or remand- ing the prifoner. Now, it feems, it is unneceffa- ry for the judge to do what appertains to juftice. The fame fcandalous traffic, in which we have feen the privilege of parliament exerted or relaxed, to gratify the prefent humour, or to ferve the im- mediate purpofe, of the crown, is introduced into the adminiftration of juftice. The magiftrate, it feems, has now no rule to follow, but the dictates of perfonal enmity, national partiality, or perhaps the moil proftituted corruption.. To complete this hiftorical inquiry, it only re- mains to be obferved, that the habeas corpus act of 3 [ft of Charles the Second, fo Juftly confidered as another Magna Charta of the kingdom*, " ex- " tends only to the cafe of commitments for fuch . criminal ch.irge, as can produce no inconve- < nience to public juftice by a temporary enlarge- mem of the prifoner." 80 careful were the le* giflature, at the very moment when they were pro- viding for the liberty of the fubjecr,, not to fur- uifh any colour or pretence for violating or eva- ding * Blackftone, iv. 137. O F J U N I U S. 357 ding the eftablifhed law of bail in the higher cri- minal offences, But the exception, ftated in the body of the act, puts the matter out of all doubt. After directing the judges how they are to pro- ceed to the discharge of the prifoner upon recog- nizance and furety, having regard to the quality of the prifoner and nature of the offence, it is ex- prefsly added, " unlefs it (hall appear to the faid *' Lord Chancellor, &c. that the party fo commit- " ted is detained for fuch matters or offences, for f the which, BY THE LAW, THE PRISONER is 11 NOT BAILABLE." When the laws, plain of themfelves, are thus illuftrated by facts, and their uniform meaning eftablifhed by hiftory, we do not want the autho- rity of opinions, however refpectable, to inform our judgment, or to confirm our belief. But I am determined that you {hall ha,ve no efcape. Au- thority of every fort (hall be produced againft you, from Jacob to Lord Coke^ from the dictionary to the claflic. In vain {hall you appeal from thofe upright judges whom you difdain to imitate, to thofe whom you have made your example. With one voice they all condemn you. f To be taken with the maner, is where a thief, " having ftoien any thing, is taken with the fame " about him, as it were in his hands, which is " called flagrante defifjo. Such a criminal is net t( bailable by laiv" Jacob, under the -word Maner. " Thofe who are taken with the maner are ex- c< eluded, by the {latute of Weftminfter, from " the benefit of a replevin." Hawkins, P. C. ii. 98. tl Of fuch heinous offences, no one, who is no- *' torioufly guilty, feems to be bailable by the in- *' tent of this ftatute." Ditto, ii. 99. " The common practice and allowed general " rule is, that bail is only then proper where it ftandi 358 LETTERS " Hands indifferent, whether the party were guil- r< ty or innocent." -.Ditto, ditto. " There is no doubt, but that the bailing of a " perfon, iuho is not bailable by law, is punifhable, u either at common law as a negligent efcape, or " as an offence againft the feveral ftatutes relative ." to bail." Ditto, 89. " It cannot be doubted, but that neither the " judges of this, nor of any other fuperior court " of juftice, are ftriftly within the purview of " that ftatute; yet they will always, in their dif- " cretion, pay a due regard to it, and not admit " a perfon to bail, who is exprefsly declared by '* it irreplevifable, -without fome particular circum- " fiance in his favour ; and therefore it feems dif- " ficult to find an inftance, where perfons, at- " tainted of felony, or notorioufly guilty of trea- ** fon or manflaughter, &c. by their own confef- " fion, or otberivife, have been admitted to the " benefit of bail, without fome fpecial motive to the court to grant it." Ditto, 1 14- " If it appears that any man hath injury or * c wrong by his imprifonment, we have power to tf deliver and difcharge him ; if otherwife, be is *< to be remanded by us to prifon again." LordCh. t( J. Hyde, State Trials, vii. 1115. fl The ftatute of Weftminfter was efpecially for " direclion to the Sheriffs and others; but to fay " courts of juftice are excluded from this ftatute, * f I conceive it cannot be." Attorney General. Heath, Ditto, 132. " The court, upon view of the return, judgeth " of the fuiliciency or infufficiency of it. If they " think the prifoner in law to be bailable, he is ; ' committed to the Marflial and bailed ; if not, 41 he is remanded." Through the whole debate, | the objection on the prut of the prifoner was, I that no caufe of commitment was exprefled in the | warrant; but it was uniformly admitted by their i " counfel^ j O F J U N I U S. 359 counfel, that if the caufe of commitment had been exprefled for treafon or felony, the court would then have done right in remanding them. The Attorney-General having urged, before a committee of both houfes, that, in Beckwith's cafe and others, the lords of the council fent a letter to the court of King's Bench to bail, it was re- plied by the managers of the houfe of commons, that this was of no moment; * for that either " the prifoner was bailable by the law, or not bail- ff able. If bailable by the law, then he was to f( be bailed without any fuch letter; if not bail- " able by the law, then plainly the judges could c< not have bailed him upon the letter, without " breach of their oath, which is, that they are to " dojujlice according to the law, &c. State Trials, vii. 175. " So that in bailing upon fuch offences of the <* higheft nature, a kind of difcretion, rather than " a conftant law, hath been exercifed, when it " (lands -wholly indifferent in the eye of the court, " whether the prifoner be guilty or not." Selden t St. Tr. vii. 230. I. <{ I deny that a man is always bailable when " imprifonment is impofed upon him for cufto- * dy." Attorney-General Heathy ditto, 238. By thefe quotations from the State Trials, though otherwife not of authority, it appears plainly, that in regard to bailable or not bailable, all parties agreed in admitting one propofition as incontro- vertible. " In relation to capital offences, there are efpe- t( cially thefe als of parliament that are the com- ** mon landmarks* touching offences bailable or " not bailable." Hale, ii. P. C. 127. The enu- meration includes the feveral acls cited in this paper. Perfons * It has been the fludy of Lord Mansfield to remuvc laud- marks. 3 6o LETTERS " Perfons taken with the manoeuvre are not " bailable, bccaufe it \sfurtnmmanifejlum" Hale t ii. P. C. 133. " The writ of habeas corpus is of a high nature: " for if perfons be wrongfully committed, they " are to be difcharged upon this writ returned $ " or, if bailable, they are to be bailed ; if not " bailable^ they are to be committed." Hale, ii. P.C. 143. This doclrine of Lord Chief-Juftice Hale refers immediately to the fuperior courts from whence the writ ifTues. " After the return is filed, " the court is either to discharge, or bail, or ccm- < f mil him, as the nature of the caufe requires." ffale, ii. P. C. 146. < If bail be granted ether-wife than the law al- * lo-uieth, the party that alloweth the fame (hall be fined, imprifoned, render damages, or forfeit ' his place, as the cafe mall require." Selden by ,/V. Bacon y 182. This induces an abfolute neceffity of expref- <* fing, upon every commitment, the reafon for " which it is made ; that the court, upon a ha- " beas corpus, may examine into its validity, and, ** according to the circutnftances of the cafe, may * difcharge, admit to bail, or remand the prifo- ' ner." Blackftone t iii. 133. " Marriot was committed for forging indorfe- ments upon bank-hills, and upon a habeas cor- tf pus was bailed, becaufe the crime was only a " great mifdtrmeanor; for though the forging " the bills be felony, yet forging the indoriement " is not." Salkeld, i. 104. " Appell de Mahem, &c. ideo ne fuit lefle a " bail'e, nient plus que in appell de robbery ou " murder; quod nota, et que in robry et murder ' le partie n'eft bailhble." Bro Mainpr\fe y 67. " The intendment of the law in bails is, ^itod '* Jlat indifferenter, whether he be guilty or no; fl but when he is convict by verdict or coufefTion, 2 then O F J U N I U S. 3 6i < then he mufl be deemed in law to be guilty oF " the felony, and therefore not bailable at all'* Coke, ii. Injl. 1 88. iv. 178. " Bail is quandoftat indiffercnter^ and not when " the offence is open and manifeft." ii. Inft. 189. * In this cafe, nan flat indifferent er whether he '* be guilty or no ; being taken with the Maner t ' that is, with the fhing ftolen, as it were in his hand." Z>. D. " If it appeareth that this imprifonment be juft " and lawful, he_/Z>a//be remanded to the former gaoler ; but if it (hall appear to the court that " he was imprifoned againft the law of the land,. " they ought, by force of this ftatute, to deliver " him j if it be doubtful and under confederation, " he may be bailed." ii. Inft. 55. It is unneceffary to load the reader with any- farther quotations. If thefe authorities are not deemed fufficient to eftablifh the doctrine main- tained in this paper, it will be in vain to appeal to the evidence of law-books, or to the opinions of judges. They are not the authorities by which Lord Mansfield will abide. He afTumes an arbi- trary power of doing right ; and if he does wrong, it lies only between God and his confcience. Now, my Lord, although I have great faith in the preceding argument, I will not fay that every minute part of it is abfolutely invulnerable. I am too well acquainted with the practice of a certain court, directed by your example, as it is governed by your authority, to think there ever yet was an argument, however conformable to law and reafon, in which a cunning quibbling attorney might not difcover a flaw. But, taking the whole of it to- gether, I affirm, that it conflitutes a mafs of de- monftration, than which nothing more complete or-fatisfa&ory can be offered to the human mind. How an evalive, indirect reply will (land with your reputation, or how far it will anfwer % , in H h point 362 LETTERS point of defence, at the bar of the houfe of Lords, is worth your confideration. If, after all that has been faid, it fhould ftill be maintained, that the court of King's Bench, in bailing felons, are exempted from all legal rules whatfoever; and that the judge has no direction to purfue but his private affections, or mere unqueftionable will and pleafure; it will follow plainly, that the diftinc- tion between bailable and not bailable^ uniformly expreffed by the legiflature, current through all our law-books, and admitted by all gur great law- yers without exception, is in one fenfe a nuga- tory, in another a pernicious diftinclion. It is nugatory, as it fuppofes a difference in the bail- able quality of offences, when, in effect, the di- ftin&ion refers only to the rank of the magiftrate. It is pernicious, as it implies a rule of law, which yet the judge is not bound to pay the leaft regard to ; and impreffes an idea upon the minds of the people, that the judge is wifer and greater than the law. It remains only to apply the law, thus ftated, to the fa 61 in queftion. By an authentic copy of the Mittimus it appears, that John Eyre was committed for felony, plainly and fpecially exprefled in the warrant of commitment. He was charged be- fore Alderman Halifax, by the oath of Thomas Fielding, William Holder, William Payne, and William Nam, ior felonioujly ftcaling eleven quires of writing-paper, value fix (hillings, the property of Thomas Beach, &c. By the examinations up- on oath of the four perfons mentioned in the mit- timus, it was proved, that large quantities of pa- per had been miffed, and that eleven quires (pre- vioufly marked from a fufpicion that Eyre was the thief) were found upon him. Many other quires of paper, marked in the fame manner, were found at his lodgings ; and after he had been fome time in Wood-ftreet Compter, a key was found in his room O F J U N I U S. 363 room there, which appeared to be a key to the clofet at Guildhall, from whence the paper was ftolen. When aflced what he had to fay in his de- fence, his only anfwer was, I hope you will bail me. Mr Holder, the clerk, replied, That is impof- fible. There never -was an injlance of it, when the ftolen goods were found upon the thief. The Lord Mayor was then applied to, and refufed to bail him. Of all thefe circumftances it was your duty to have informed yourfelf minutely. The fact was remarkable ; and the chief magiftrate of the city of London was known to have refufed to bail the offender. To juftify your compliance with the folicitations of your three countrymen, it mould be proved that fuch allegations were offered to you, in behalf of their aflbciate, as honeftly and bonajide reduced it to a matter of doubt and in- difference whether the prifoner was innocent or guilty. Was any thing offered by the Scotch trium- virate that tended to invalidate the pofitive charge made againft him by four credible witneffes upon oath ? Was it even infinuated to you, either by himfelf or his bail, that no felony wa-s commit- ted ; or that he was not the felon ; that the fto- len goods were not found upon him ; or that he was only the receiver, not knowing them to be ftolen ? Or, in fliort, did they attempt to pro- duce any evidence of his infanky ? To all thefe queftions I anfwer for you, without the lead fear of contradiction, positively NO. From the mo- ment he was arrefted, he never entertained any hope of acquittal ; therefore thought of nothing but obtaining bail, that he might have time to fet- tle his affairs, convey his fortune into another country, and fpend the remainder of his life in comfort and affluence abroad. In this prudential fcheme of future happinefs, the Lord Chief Ju- ftice of England moft readily and heartily concur- red. At fight of fo much virtue in diftrefs, your H h 2 natural 164 LETTERS natural benevolence took the alarm. Such a man as Mr Eyre, ftruggling with adverfity, muft always be an interefting fcene to Lord Mansfield. Or was it that liberal anxiety, by which your whole life has been diftinguifhed, to enlarge the liberty of the fubjedl ? My Lord, we did not want this new inftance of the liberality of your principles. We already knew what kind of fubjects they were for whofe 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 impu- nity. You bound a felon, notoriouflyjworth 30,000!. in the fum of 300!. With your natural turn to equity, and knowing as you are in the doctrine of precedents, you undoubtedly meant to fettle the proportion between the fortune of the felon and the fine, by which he may compound for his fe- lony. The ratio now upon record, and tranfmit- ted to pofterity under the aufpices of Lord Mans- field, is exaclly one to a hundred. My Lord, with- out intending it, you have laid a cruel reftraint upon the genius of your countrymen. In the warmeft indulgence of thtir paffions, they have an eye to the expence ; and if their other virtues fail us, we have a refource in their ceconomy. By taking fo trifling a fecurity from John Eyre, you invited and manifeftly exhorted him to efcape. Although, in bailable cafes, it be ufual to take four fecurities, you left him in the cuftody of three Scotchmen, whom he might have eafily fa- tisfied for conniving at his retreat. That he i!id not make ufe of the opportunity you induftrioufly gave bin?, neither juftifies your conducl, nor can it be any way accounted for but by his exceflive and monftrous avarice. Any other man but this bofom-friend of three Scotchmen, would gladly have facrificed a few hundred pounds, rather than to fubmit to the infamy of pleading guilty in open court. It is poffible indeed that he might have flattered OF J U N I U S. 3<>5 flattered himfelf, and not unrjeafonably, with the hopes of a pardon. That he would have been pardoned, feems more than probable, if I had not directed the public attention to the leading ftep you took in favour of him. In the prefent gentle reign, we well know what ufe has been made of the lenity of the court and of the mercy of the crown. The Lord Chief Juflice of England accepts of the hun- dredth part of the property of a felon taken ia the fact, as a recognizance for his appearance. Your brother Smyths browbeats a jury, and forces them to alter their verdict, by which they had found a Scotch fergeant guilty of murder ; and though the Kennedies were convicted of a moft deliberate and atrocious murder, they ftill had a claim to the royal mercy. They were faved by the chaflity of their connections. They had a fi- fter ; 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 feen in the company of finners ; but it was his gracious pur- pofe to convert them from their fins. Another man, who in the ceremonies of our faith might give leiTons to the great enemy of it, upon differ- ent principles keeps much the fame company- He advertifes for patients, collects all the difeafes of the heart, and turns a royal palace into an ho- fpital for incuraBles. A man of honour has no ticket of admiffion at St James's. They receive him like a virgin at the MagdaJene's ; Go thou and do tike-wife. My charge againft you is now made good. I fhall however be ready to anfwer or to fubmit to fair objections. If, whenever this matter fhall be agitated, you fuffer the doors of the houfe of Lords to be fhut, I now proteft, that I fhall confi- der you as having made no reply. From that mo- ment, in the opinion of the world, you will (land felf-convicted. Whether your reply be quibbling H h 3 and 3 6<5 LETTERS and evafive, or libegal and in point, will be mat- ter for the judgment of your peers ; but if, when every poffible idea of difrefped: to that noble houfe (in whofe honour and juftice the nation implicitly confides) is here molt folemnly difclaimed, you ihould endeavour to reprefent this charge as a con- tempt of their authority, and move their Lordftiips to cenfure the publisher of this paper, I then affirm that you fupport injufticeby violence, that you are guilty of a heinous aggravation of your offence, and that you contribute your utmoft influence to pro- mote on the part of the higheft court of judicature a pofitive denial of juftice to the nation. LETTER LXIX. TO THE RIGHT HON. LORD C^MDEN. MY LORD, I TURN with pleafure from that barren wafte, in which no falutary plant takes root, no verdure quickens, to a character fertile, as I willingly be- lieve, in every great and good qualification. I call upon you, in the name of the Englifh nation, to ftand forth in defence of the laws of your country, and to exert, in the caufe of truth and juftice, thofe great abilities with which you were intruded for the benefit of mankind. To afcertain the fads fet forth in the preceding paper, it may be necef- fary to call the perfons mentioned in the mittimus to the bar of the houfe of Lords. If a motion for that purpofe fhould be rejected, we fhall know what to think of Lord Mansfield's innocence. The legal argument is fubmitted to your Lordfhip's judgment. After the noble ftand.you made againft Lord Mansfield upon the queftion of libel, we did expect that you would not have fuffered that mat- ter to have remained undetermined. But it was faid that Loid Chief Juftice WiJmot had been pre- vailed O F J U N ITJ S. 367 vailed upon to vouch for an opinion of the late Judge Yates, which was fuppofed to make againft you; and we admit of the excufe. When fuch deteftable arts are employed to prejudge a queftion of right, it might have been imprudent, at that time, to have brought it to a decifion. In the pre- fent inftance, you will have no fuch oppofition to contend with. If there be a judge, or a lawyer of any note in Weftminfter-hall, who fhall be da- ring enough to affirm, that, according to the true intendment of the laws of England, a felon, taken with the matter, in flagrante deliElo, is bailable ; or that the difcretion of an Englifh judge is merely arbitrary, and not governed by rules of law; I {hould be glad to be acquainted with him. Who- ever he be, I will take care that he fhall not give you much trouble. Your Lordfhip's character af- fures me that you will affume that principal part, which belongs to you, in fupporting the laws of England againft a wicked judge, who makes it the occupation of his life to mifinterpret and pervert them. If you decline this honourable office, I fear it will be faid, that, for fome months part, you have kept too much company with the Duke of Grafton. When the conteft turns upon the in- terpretation of the laws, you cannot, without a formal furrender of all your reputation, yield the pod of honour even to Lord Chatham. Confider- ing the fituation and abilities of Lord Mansfteld, I do not fcruple to affirm, with the moft folemn appeal to God for my fincerity, that, in my judg- ment, he is the very worft and moft dangerous man in the kingdom. Thus far I have done my duty in endeavouring to bring him to punifhment. But mine is an inferior, minifterial office in the temple of juftice: I have bound tlie victim, and dragged him to the altar. J U N I U S. THE 3 <58 LETTERS r T~'HE Reverend Mr John Home having, with * his ufual veracity and honeft induftry, cir- culated a report that Junius, in a letter to the Supporters of the Bill of Plights, had warmly de- clared himfelf in favour of long parliaments and rotten boroughs, it is thought neceflary to fubmit to the public the following extract from his letter to John Wilkes, Efq; dated the 7th of September 1771, and laid before the Society on the 24th of the fame month. c< WJTH regard to the feveral articles, taken " feparately, I own I am concerned to fee, that " the great condition which ought to be the Jim " qua non of parliamentary qualification, which " ought to be the bafis (as it aflfuredly will be the " only fupport) of every barrier raifed in defence " of the conflitution, I mean a declaration upon ft oath to fosrten the duration of parliaments, is re- c< duced to the fourth rank in the efteem of the " fociety , and, even in that place, far from be- " ing infilled on with firmnefs and vehemence, " feems to have been particularly flighted in the '* exprefiion, Youfoall endeavour to re/lore annual tf parliaments .' Are thefe the terms which men, " who are in earneft, make ufe of, when the fa- " lus reipublica is at (lake? I expected other lan- ft guage from Mr Wilkes. Befides my objection " in point of form, I difapprove highly of the tc meaning of the fourth article as it (lands. When- < { ever the queftion fliall be ferioufly agitated, I ' will endeavour (and if I live will afiuredly at- * tempt it) to convince the Englifh nation, by ar- ' guments to my underftanding unanfwerable, < c that they ought to infift upon a triennial, and " banifh the idea of an annual parliament " .... I am convinced, that, if fhortening the '* duration of parliaments (which in effect is keep- *' ing the rep'refentative under the rod of the con- " foment) O F J U N I U S. 369 " ftituent) be not made the bafis of our new par- " liamentary jurifprudence, other checks or im- " provements fignify nothing. On the contrary, " if this be made the foundation, other meafures " may come in aid, and, as auxiliaries, be of con- " fiderable advantage. Lord Chatham's projedt, " for inftance, of increafing the number of knights " of (hires, appears to me admirable " As to cutting away the rotten boroughs, I am " as much oft'ended as any man at feeing fo many " of them under the direct influence of the crown, " or at the difpofal of private perfons. Yet, I " own, I have both doubts and apprehenfions in " regard to the remedy you propofe. I fhall be " charged, perhaps, with an unufual want of po- " liticai intrepidity, when I honeftly confefs to " you, that I am ftartled at the idea of fo exten- " five an amputation. In the firft place, I quef- " tion the power, de jure y of the legiflature to t( disfranchife a number of boroughs, upon the ff general ground of improving the conftitution. ' There cannot be a dodirine more fatal to the li- ft berty and property we are contending for, than ' that which confounds the idea of zfupreme and " an arbitrary legiflature. I need not point out ' to you the fatal purpofes to which it has been, *< and may be, applied. If we are fincere in the (t political creed we profefs, there are many things ' which we ought to affirm cannot be done by <( King, Lords and Commons. Among thefe I a quelHon or two put thereupon to the advocates for privilege, ib. To the Duke of Grafton, 265 that his Majefty would in vain have looked round the king- K k doi INDEX. dom for a character fo confummate as his Gract'a, 266 that his Grace did not negled the magistrate while he flattered the man, 267 that he has merit in abun- dance to recommend him to the fovereign, 268 that he ha? never formed a friendfhip which has not been fatal to the object of it, 270 the fcrvices he has done his matter have been faithfully recorded, ib. his Grace's re-appointtnent to a feat in the cabinet, how announced to the public, 271 the Duke is the pil- low on which Junius propofes to reft all his refent- inents, 273 To the Rev. Mr Home, 276 from Mr Home's own letters he is fuppofed to have fold him- felf to the miniftry, ib. In order to gratify his per- fonal hatred to Mr Wilkes, that he facrificed the caufe .of the country as far as was in his power, 277 when the public expected difcoveries, highly intereft- ing to the community, from Mr Home, what a piti- ful detail was produced, ib. he has fo little power to do mifchief, that it is much to be queftioned if the miniftry will adhere to the promifes they may have made him, 278 To the Rev. Mr Home, 292 if any coarfe expreffions have ei'caped Junius, he agrees they are unfit for his pen, but that they may not have been improperly applied, ib. upon Mr Home's terms there is no danger in being a patriot, 295 by what gentle degrees his perfecuting zeal has foftened into moderation, 296 an high encomium on Lord Chatham, 297 what excufe can Mr Home make for labouring to promote fuch a confummately bad man as Mr WMkes to a ftation of fuch truft and im- portance, 299 the bed of princes not difpleafed with the abufc thrown upon his oitenfible minifters, 300 To the Duke of Graftoi;, 305 that he has done as much mifchief to the community as Cromwell would have done had he been a coward, ib. the en- ormous excels through whkh court- influence has fafcly conducted hia Grace without a ray of real un- derftanding, ib. it is like the univerfal paflport of an ambafTador, ib. his Majcfty in want of money and the Navy in want of timber, 308 a warrant made out for cutting down any tr<"ce in Whittlebury Porcft, of which the Duke -is hereditary ranger, ib. hia INDEX. 3*7 Ms Grace's behaviour on this occafion, 309 To the Livery of London, 311 that the election of their chief magiflrate was a point in which every member of the community was iuterefted, .ib. the qutffion to thofe who mean fairly to the liberty of the people lies within a very narrow compafs, 312 Mr Nafb'ij character confidered as a magiftrste and a public man, ib. he cannot alter his conduct without coirfef- fmg that he never acled upon principle of any kind, ib. To the printer of the Public Advertifer, 313 . Junius laments the unhappy differences which have arifen among the friends of the people, ib. the inff- dious partizan who foments (he diforder, fees the fruit of his induftry ripen beyond his hopes, 314 that Mr Wilkes has no rtfource but in the public favour, 315 that Mr Sawbridge has fhown himfelf pofTefled of that republican firmnefs which the times require, 316 the right of prcffing founded originally upon a ne- ceffliy which (uperfedes all argument, 318 the de- Cgna of Lord Mansfield fubtle, effectual, and fecure, $i we fhould not rejeft the fervices or friendfhip of any man becaufe he differs from us in a particular opinion, 320 patriotifm, it feems, may be impro- ved by tranfplanting, 321 Juniua defended in three material pftints, 334 charges Lord Mansfield with doing what was illegal in bailing Eyre, 337 engages to make good his charge, 338 To the Duke of Grafton, ib. the rniferable deprefiion of his Grace when almoft every man. in the kingdom was exulting in the defeat of Sir James Lowther, 339 that he violates his own rules of decorum when he does not infult the man whom he has betrayed, ib. -To Lord Chief- Juftice Mansfield, 342 Juniua undertakes to prove the charge againft his Lordfhip, ib. ;hat the fuperior power of bailing for felony claimed by the court of King's- Bench, has only the negative afient of the legifldture, 344 that a perfon pofitively char- ged with fdonioufly itealing, and taken with the Ro- len goods upon him, is not bailable, 345 authori- ties quoted to fupport this opinion, 346 the feveral flatutea relative to bail in criminal cafes dated in due order, 347- the law as ftated applied to ihs cafe of K k 2 Johu* 388 INDEX. John Eyre, who was committed for felony, 362 To the Right Hon. Lord Camden, 365 Junius calls upon his Lordfhip to ftand forth in defence of the Jaws of his country, 366 extract of a letter from Junius to Mr tVilkes, 367. L. Ligonier, Lord, the army taken from him much againft his inclination, 47. JLo.-.J';]!, city of, has given an example in what manner a king of this country fhould be addrtffed. Littery, the word way of raifing money upon the peo- P lc . 33- Loyalty, what it i?, 29. Luttrell Mr. patronized by the Duke of Grafton with fuccefs, 71 the aflcrtion, that two-lhirds of the na- tion approve of his admifiion into parliament, canriOt be maintained nor confuted by argument, 85 the appointment of, invades the foundations of the lawi themfelves, 91 a ftrain of proftitution in his charac- ter admired for its fingularhy, 221. Lynn, burgcfles of, re-eleft Mr Walpole after being ex- pelled, 97. M. M' Quirk, the King's warrant fox his pardon, 62 the . pardoning of him much blamed, and the rcafons al- leged for fo doing refuted, 64. Manilla ranfom difhonourably given up, 45 the mini- fters faid to be dcfirous to do juftice in this affair, but their efforts io vain, 53. Mansfield, Lord, extrads from his fpeech in the court of King's-Bench, in regard to the offtr of money made by Vaughan to the Duke of Grafton for the reverfion of a place, 17 l a tribute paid by Junius to his Scotch fincerity, 224 that his Lordfhip had fome original attachments which he took every opportunity to ac- knowledge, ib. is charged with reviving the maxims of government of bis favourite family, 225 that he follows an uniform plan to enlarge the power of the crown, ib. that he labours to contract the power of the jury, 226, 228 that inftead of pofitive rules-by which I N D E X: 389, which a court fhoiijd be determined, He has introdu- ced his own unfettled notions of equity, 226, 329 his conduft in regard to Bingley's confinement and releafe, 227 his charge to the jury in cafes of libel- contradids the higheil legal authorities, 229 his Lordmip reminded of the name of Benfon, 231- eharged with doing much mifchief to this country as a minifter, ib. the fufpicious applaufe given by him to Lord Chatham, 326 the doftrine he delivers to a jury, ib. his reafons for challenging a juryman, 327 accufed of endeavouring to fcreen the King's bro- ther, 328 charged by Junius for bailing a man not bailable by the laws of England, 337. Meafures and not men, the common cant of affc&ed mo- deration, 141 a quotation from Pope on this fub- jca, ib. RliJdli'fey:, the ele&ion for, attended with one favourable confequence for the people, 72 the qucllion in this affair is, Whether by the law of parliament expuHion alone creates a difqualification, 95 33 a faft highly injurious to the rights of the people, and as a prece- ' cent one of the moft dangerous, 119. Minijlfrsy to be acquainted with the merit of, we need only obferve the condition of the people, 30 the 1 inifconduft of, has produced a fudden and extraordi- nary change within thtfe few years in Great Britain, 31 the condufl and character, not the defcription of minuter?, the caufe -of national calamities, 45 the m'rrfter who by corruption* invades "the freedom of* tUction, and the ruffian who by open ^violence de- ftroys ihat freedom, embanked in the fame bottom, 62 he is the tenant of the day, and has no interest in the inheritance, 208. JModcJlus charges Junius with abfurdity in his writing?,' 151 cannot uiltinguiOi between a farcafm and a con- tradiction, 152 is accufed of misquoting what Ju- nius fays of "confcience, and making the fentence ri- diculous by making it his own, 153. Mufgra-t, Dr. his firmnefs and integrity on his exami- natioo before the houfe of commons, 215. 390 I N D E X. N. Naflj Mr. his behaviour as a magiftrate and a public man, coafidered, 312. Nation, w.hen the fafety of it ia at fiake, fufpicion ia a fufficient ground for inquiry, 30. North, Lord, Chancellor of the Exchequer, 32 ia warned to think ferioufly before he increafes the pub- lic debt, ib the palm of miuifterial firmnefs tranf- ferred to his Lordfhip, 196 his boafted firmnefs and confiftency, 205 had the means in his poflefiion of reducing all the four per cents at once, 217 had the honour of rewarding Mr Luttrcll's fervices, 220 is called upon by Juuius to tell who advifed the King to appoint Colonel L'Jttrell Adjutant-General of the ar- my of Ireland, 222 that he fhall not have time to new-model the Irifh army, 323 perhaps only the blind inftrument of Lord Bute and the Princefs Dow- ager, ib. Noye, Mr Attorney-general, hia opinion of the privilege of the Loufe.of commons to commit for contempt,. 261. O. Ol& AW/deftined to be the ruin of the houfe of Stuart, 84 does not deny that Corfica has been facrificed to- tbe French, 87. P. Parfons, Ann, miftrefs i the Duke of Grafton^ 74 led into public by his Grace, and placed at the head of his table, 82 handed through the opera-houfe in prefence of the Queen by the firft Lord of the Trea- fury, 86. Parties, the idea of uniting does not produce the falu- tary fffeds intended thereby, 31. People, fubmiflion of a free, a compliance with laws which they themfelves have enaftcd, 29 in reading the hiftory of, how we become interefted in their caufe, ib. an impartirl adminiftration of jufllce the firmelt bond to engage their affections to government, 37. Pfrcj, Earl, placed at the head of a regiment, 51 aid. INDEX. 39* de-camp to the King, and had the rank of'colonel before he had the regiment, 55. Philc-Junms to the printer of the Public Advertifer, 82 that the Duke of Grafton's friends, in the conteft with Junius, are reduced to the general ''charge of fcurrility and falfehood, ib. the truth of Junius's fafta of importance to the public, ib. a reviial and confe- deration of them as they appeared in letter xif. ib. Another letter of his to the printer of the Public Advertifer, 84 that in the whole courfe of the Duke of Grafton'a life there is a ftrange endeavour to unire contradictions, ib,- a violation of public decorum (hould never be forgiven, 86 the Duke of Grafton'a conduct in this refpetf, ib. his Grace has always fome reafon for deferting his friends, ib. To the printer of the Public Advertifer, 99 the objections of G. A. to Junius's ftate of the queftion as To the Middlefex eledion confidered, ib. To the printer of the Public Advertifer, 107 lhat a correfpondent of the Si James's Evening Poll mifunderltood Junius, ib. that it appears evident that Dr Blackitone never once thought of his Commentaries when fpeaking in the houfe of commons, until the contradiction was urged, 108 Philo-Jjnius defends Junius'a conftruc- tion of the vote againll Mr WalpoSe, M; charges the miiuitry with introducing a new fyftem of logic, which he calls argument againrl fact, 123 To the printer of the Public AJvertifer, 151 that he is al- fured Jimius will ntver defcend to a difpute with fuch a writer as Modeftus, ib. an examination of the in- Hances brought to fupport the charge of Junius being an Irishman, ib. kc. that Modeftus misquotes what Junius fays of confcience, and makes the femence ri- diculous by making it hi* own, 153 To the printer of the Public Advertifer, 243 that Anti-Junius tri- umphs in having, as he fuppofes, cut off an outpoil of Junius, ib. that Junius does not fpcak of the Spa- uifh nation, but the Spanifh court, as the natural ene- mies of England, ib. if it were not the refpe& he bears the minilter, he could name a man who, with- out one grain of underftanding, can do half as much, as Oliver Cromwell, 24533 to a fccrct fyilem in the clout, 392 INDEX. clofet, that this can only be determined by appear- ances, ib. the queries put by Anti-Junius can be only anfwered by the miniftry, ib. To the printer of the public Advertifer, ib. -that thofe who object to detached parts of Junius's laft letter do not mean fairly, or have not considered the fcope of his argu- ment, 257 that Junius does not expert a dhTolution of parliament will deftroy corruption, but will be a terror and check to their fucceflbrs, ib. To the printer of the Public Advertifer, 258 Juniu&'s con- ftrudlion of the vote, declaring Mr Walpole's incapa- city, ib. a quotation from a traft of Lord Summers to fupport this conflrudb'on, 259 if this conftruc- tion be admitted, the advocates of the houfe of com- mons mud be reduced to the nectffity of maintaining one of the grofieft abfurdities, 259 that the houfe of commons certainly did not forefce one effect pro- ceeding from their vote about .the M'ddlefex election, 1260 To the printer of the Public Advertifer, ib the doftrine of Junius concerning the power of the commons to commie for contempt not new, ib. taliy exactly with the opinions of Attorney-general Noye and Sir Edward Coke, 261 To the printer of the Public Advertifer, 301 th< vanity and impiety of Junius are become the perpetual topics of abufe, ib. the proofs brought to fupport fuch charges confi- dered, 302 the charge of vanity and impiety proved to deftioy itfelf, ib. To the printer of the Public Advertifcr, 323 that Junius's inclination leads him to treat Lord Camden with particular refpeft and can- dour, ib. that his Lordfhip overfliot himfclf in af- ferting the proclamation againft exporting corn was- legal, 374 To Zeno, 325 -that the fophiftry of this author's letter in at&nce of Lord Mansfield is adapt- ed to the character he defends, ib. the fufpicious applaufe given by his Lordfhip to the man he detefts, 326 his doftriae as delivered to a jury, ib. his challenging a juryman, 327 is accufed of endea- "vouring to fcreen the King's brother, 32$ and in- cefiantly labouring to introduce new modes of pro- ceeding in the court where he prefides, 329 To an Advocate in the Caufe of the People, 331 the dif- 3 ferer.ce INDEX. 393 ference betwixt general-warrants and prefa-warrants dated and explained, ib. Pope Mr. extract of a letter of bis to Dr Arbuthnot> 141. S. Sawbridge Mr. has fhown himfclf poffefied .of that re- publican firmnefs which the times require, 316. Shelburne, Lord, applied to in regard to the Manilla ranfom, 53. Sommers t Lord, a quotation from his traft upon the Rights of the People", 1 1 8. Stamp-aft, made and repealed, 34. Starlingr Solomon, apothecary, his opinion in regard to the death of Clarke, who received a blow at the Brent- ford eiedion, 62, State, the principal departments of, when improperly bellowed, the caufe of every mifchicf, 31. T. Toiunfend Mr. complains that the public gratitude has not been equal to his deferts, 316. Touchet Mr. in his mod profperoua fortunej the fame man *8 at prefent, 272. u. Vattgkan Mr. fends propofals to the Duke of Grafton, 1 66 his offers to the Duke amounted to a high mifdemeanor, 170 a profecution commenced againft him, 171 -the matter folemnly argued in the court of King's-Bench, ib. Junius doeejuftice to this in- jured man, 195. W. Jfafton, Edward, a letter to him fro* Junius, 68 quo- tations from his pamphlet in defence of the pardoning M'Qnirk, with remarks, 69. Walpolc Mr. his cafe fuppofed to be ftn'Aly in point to prove expulfion creates incapacity of being re-eleftcd, 109 the vote of expulfion as exprefied in the votes, 1 16 remarks upon its meaning and extent, 117 the election was declared void, 1 19. 394 INDEX.' Weytnouth, Lord, appointed one of the fecretaries of ftate, 36 nominated to Ireland, 133. Whittlsbury foreft, the Duke of Grafton hereditary ran- ger of, 308 the right to the timber claimed by his Grace, 309. Wilkes Mr. his conduct often cenfured by Junius, 67 fuffered to appear at large, and to canvafs for the city and county, with, an outlawry hanging over him, 70 - his fituation and private character gave the ministry advantages over him, 72 it is perhaps the greateft misfortune of his life that the Duke of Grafton had fo many compenfations to make in the clofet for h.'s former fnendrtvp with him, 77 faid more than mo- derate men would juftify, 177 hardly ferious at firfr, he became an enthufiaft, ib. commiffions Mr Tho- mas Walpole to folicit a penfion for him, iS8 cornea over from France to England, where he gets two hundred pounds from the Duke of Portland and Lord Rockingham, ib. Woollafton Mr. expelled, re-elcde-J, and admitted into the lame parliament, 120 the public left to deter- mine whether this be a plain matter of fad, 123. Y. Tatet, Mr Juftlce, quits the court of 227. N UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. 50m-7,'69(N296s4) 0-120 CA 508. A2 1786 A nnn nnn m-i