Pass DAs-g Book Jl /^i3 .THE LETTERS OF JUJ '' STAT NOMINIS umbra/' M I J NEW-YORK: i 'CBLISHED BY D. HUNTING T Mr. Edward Weston - . 49 o bis Grace the Duke of Grafton, 5f> o his Grace the Duke of Grafton, 64 nilo Junius to the Printer of the Public Advertiser, 60 hilo Junius to the Printer of the Public Advertiser, 62 ) his Grace the Duke of Grafton, 65 IG. 3 the Printer of the Public Advertiser, ... 70 17. Ihilo Junius to the Printer of the Public Advertiser, 75 1». To Sir William Blackstone, Solicitor General to her Majesty, 71 19. Philo Junius to the Printer of the Public Advertiser, 82 20. Junius to the Printer of the Public Advertiser, . 88 21. To the Priuterof the Public Advertiser, ... 95 22. Philo Junius to the Printer of the Public Advertiser, 9S 23. Juuius to the Duke of Bedford, 99 'M. Sir William Draper to Junius, . 107 25. Junius to Sir William Draper, ....... 109 26. Sir William Draperto Junius, IH 27. Junius to the Printer of the Public Advertiser. . 115 28. To the Priuter of the Public Advertiser, . . . ]]8 29. Philo Junius to the Printer of the Public Advertiser, 119 30. J unius to the Printer of the Public Advertiser, . ]23 yl. Philo Junius to the Printer of the Public Advertiser, 128 33. Junius to the Printer of the Public Advertiser, . 131 a3. To his Grace the Duke of Grafton, . . . . 133 a^l. To his Grace the Uuke of Grafton, . ... 133 3.'». To the Printer ofthe Public Advertiser, . . , 137 3C. To the Dule u( Grafton, ......... ]5l -07. To the Printer of the Public Advertiser, ... 158 3«. To the Printer of the Public Advertiser, . . . ]e2 ;>3 To the Printer of the Public Advertiser, . . . 168 iv eOliTENTS. 40. To Lord North, . . . • 4k To the Right Hon. Lord Mansfield, 42. To the Printer of the Public Advertiser, . . . 43. Philo Junius to the Printer of the Puhlic Advertise 44. Junius to the Printer of the Public Advertiser, . 45. Philo Junius to the Printer of the Public Advertise: 46. Philo Junius to the Printer of the Public Advertisei 47. Philo Junius to the Printer of the Public Advertisei 48. Philo Junius to the Printer of the Public Advertise 49. Junius to the- Duke of Grafton 60. To his Grace the Duke of Grafton, .51. From the Rev. Mr. Home to Junius, . . . . .'>2. Junius to the Rev. Mr. Home, .^3. From the Rev. Mr. Home to Junius 54. Junius to the printer of the Public Advertiser, . 55. Philo Junius to the Printer of the Public Advertise 56. The Rev. Mr. Home to Junius, 67. Junius to his Grace the Duke of Grafton, . . . 53, Addressed to the Livery of London, 69. To the Printer of the Public Advertiser, . . . 60. Philo J unius to t he Printer of the Public Advertisei 61. Philo Junius to Zeno, . . : 62. Philo Junius to an Advocate in the cause of th people, S3. Observations by a Friend of Junius in answer to Barrister at Law, , • • 64. Declaration in behalf of Jimius 65. Junius to Lord Chief Justice Mansfield, . . . 66. Junius engages to make good bis charge against Lord Mansfield, 67. Junius to the Duke of Grafton 68. To Lord Chief Justice Mansfield, 69. To the Right Hon. Lord Camden, . . . . DEDICATION TO THE ENGLISH NATION. OEDiCATE to you a collection of letters, xrritten by f yourselves, for the common benefit of us all. They 1 never have grown to this size, without 5"our contin- incouragenient and applause. To me they originally nothing but a healthy sanguine constitution. Under care they have thriven. To you they are indebted hatever strength or beauty they possess. When kings ninisters are forgotten, when the force and direction rsonal satire is no longer understood, and when mea- are only felt in their remotest consequences, this will, I believe, be found to contain ptinciples wor- > be transmitted to posterity. When you leave the un- red hereditary freehold to your children, you do but our duty. Both liberty and property are precarious, 3 the po<:ering resistance. One precedent creates another, soon accumulate, and constitute law. What yester- <■; fact, to day is doi-trine. Examples are supposed ii'v the must dangerous measures; and, where they suit exa.Ttly, the defect is supplied by analogy. Be d, that the laws which protect us in our civil rights, •ut of the, constitution, and they must fall or flourish This is not the cause of faction, or of party, or individual, hut the common interest of every "ma« ain. Alth«u2.hthe king should continue to support hi« t system of government, the period is not very dis- it which you will have the means of retiress in your iwer. It may he nearer, perhaps, than any of us ex- and I would "^arn you to be prepared for it. The ay possible be advised to dissolve the present par- t a year or two before it expires of course, andpre- e a new election, in hopes of taking the nation by sur- If such a measure be in agitation, this very cau- ay defeat or prevent it. uiot doubt that yo« will unanimously assert the free- f electiOQ, aud vindicate your exclusive right to o BEDICATION. clioose 5'our representatives. But other questions .have been started, on which your determination should he equal- ly clear and unanimous. Let it be impressed upon your minds, hit it he instilled into your children, that the liber- ty of the press is the palladimn of all the civil, political, and religious rights of an Englishman : and that the ri^ht of juries to return a general verdict, in all cases whatso- Bver, is an essential part oyjur constitution, not to be controlled or limited by the judges, nor, in any shape, questionable by the legislature. The power of king, lords, and commons, is not an arbitrary po\Yer.* They are the trustees, not the owners, of the estate. The fee-siraple is in us. They cannot alienate, they cannot waste. When ve say that the legislature is supreme, we mean, that it is th'e highest power known to the constitution ; that it is the highest in corajiarifon with the other suh'ordinate powers established by the laws. In this sense, the word svprcme is relative, nbt absolute. The power of the legislature is limited, not only by the general rules of natural justice, and the welfare of the community, but by the forms and principles of our particular constitution. If this doctrine i)e not true, we must admit, that king, lords, and commons, have no rule to direct their resolutions, but merely their own will and pleasure. Theymiaht unite the legislative and executive power in the same hands, and dissolve the constitution by an act of parliament. But I am persuaded you will not leave it to the choice of seven hundred per- sons, notoriously corrupted by the crown, whether seven millions of their equals shall be freemen or slaves? The certamly of forfeiting their own rights, when they sacri- fice those of the nation, is no check to a brutal, dege- nerate mind. Without insisting upon the extravagant con- cession made to Harry the Eighth, there are instances, in * This positive denial of an arbitrary power being vested ; in the legislature, is not, in fact, a new doctrine. When the ^ tarl q/'Lindsey, in Ike year 1675, brousht a bill into the house ^ nf lords. To prevent the dangers which might arise from persons disatlectedto government, by nhich an oathand pe- nalty was to be iviposed upon the members of' both hoiises, it was ajfirmed in a protest, signed byiwenty-Viree 'ay peers, (my i lords the Ushops mere not accustomed io protest,) " That the i qniviltgf of sitting and voting in parliament, was an honouA tJiey had by birth, and aright so inherent in them, and insi pa- rable frorn them, that nothing could take it away, but what by the law of the land must withal take away their lives, and corrupt their blood.^^ These noble peers (whose names are a reproach to their posterity) have, in this instance, solemnly de- nied the power of parliament to alter tht constitution. Under H particular proposition, they have asserted a geji.tral trythy in nMch ivery man in JUngland is ConcwteU* BEDICATIOK 7 II tory of other countries, of a formal, deliberate sur- er of the public liberty into the handb of the sovereign. ngland does not share the same fate, it is because ■•>. lave better resources than in the virtue of either house :■! • arliaracnt. ;ai(l that the liberty of the press is the valladiurn oT^M lights, and that the right of the juries to return a ?e- I vcrdjct IS part of your constitution. To preserve Avlioie system, you must correct your legislature I res-ard to any influence of the constituent over the act of the representative, there is little diiierence een a seat m parliament for seven years, and a seat '' ' t\ ^ . P'"°^Pect of your resentment is too rei»te • 'I' ilthough the last session of a septennial parliamlw be ly employed in courting the favour of the people '^ ..rLl^ ' at this rate, your representatives have six e rlor offence, and hut one for atoflftnent. A death-bed •itance seldom reaches to restitution. If you reflect in the changes of administration, -which have marked laced the present rei^n, although your warmest ,' Jiave, in their turn, been invested with the law- umawful authority of the crown; andthough other T improvements have been held forth to the oeo- . that no one man in office has ever promoted or . V IhL ^^' ^"^ ^'^^^.t*?""'? the duration of parliament ; 4r sfm-P Vhf °"f "^'1 the opposition to this mea^ >er since the septennial act passed, has been con- , "inlirf" «« ,^he part of government. You can! K conclude, without the possibility of a doubt that . rn'"'Th-' t.^?/''^'^"^d^tion of tL undueTnauence •ronn. Ihis intluence answers every purnose of ■y power to the crown, with an ex^ense^aEd oppJes e people, whkh would be unnecessary in aSar- ernment. The best of our ministersfind it the :1 most compendious mode of conductin " thl uLiT'^l'- ^^^^ '^"^^^y ^viU soon be in you? ■ en th/o "' i'^^'' >'"" ^''a" "''ten be reminded of it en the opportunity presents itself, you n^ect to dn • oXtryTStr^ toposteriy,to"lS:an3?S . !*h/k' ^ ^"'ii' iiave one conso at on left in com JUNIUS, PREFACE. Thf, enconragement given to a multitisde of spi mangled publications of the Letters of J univs, per me, that a complete eciidon, corrected and impioi the author, will be favourably received. The print ieadiiy acquit me of any view to my own profit. 1 take this troublesome task merely to serve a man v deserved well of me, and of the public; and who, > account, has been exposed to an expensive, tyr; proijijcution. For these reasons, I give to Mr. Sampinn fVoodfall, and to him alone, my right, intere pro;>ei'ty, in these letters, as fully arid completely intents and purposes^as an author can possibly com property in his own works to another. This edition contains all the letters of Jtuiius, Ph niiis, and of Sir fVilliavi Draper and Mr. Home to . with their re.'pective dates, and according to the o which they appeared inthe Public Advertiser. Tl ii iary part of /"/i i/o Jim/jawas indispensably necesi defend or explain particular pass&ges in Junius, in ' to plausilile ol.je sed to lie distinguished, seems to require that soi erii'us slifiuld be said in their defence. I am nokn prolession, nor do I preitnri to be more deeply re every English gentleman should be in the laws of hi try. If, there'ore, the principles I maintain an ronstitutirnal, IshallifHt think myself answered, ■ J should be convicted of a mistake in terms, oro( Tilving the Jiin' True, my good lord ; but ■who is to determine upon the motion .' Is not the court- still to decide whether judgment shall be entered up or not ! and is not the defendant this way as effectually de- prived of judgment by his peers, as if he were tried in a court of civil law, or in the cliambers of the inquisition? It is you, my lord, who then try the crime, not the jury. As to the probable effect of the motion in arrest of judg- ment, I shall only observe, that no reasonable man would be so ea^er to possess himself of the invidious power of in- flicting punishment, If he were not predetermined to make use of it. Again, we are told tha^ -be judge and jury have a distinct office; that the jury is to find the fact, and the judge to de- liver the law. Dc'jure, respondent jitdices, de-facto juraii. The db-ttm is true, tTiough not in the sense given to it by Lord aiansfield. The jury are undoubtedly to determine the fact, tliatis, whether the defendant did, or did not, commit t!ie critng charged against him. The judge pro- nounces the sentfhce annexed by law to that fact so found ; and if, in the course of the trial, any question of law arises, both the counsel and the jury must, of necessity, appeal to the judge, and leave it to his decioion. An exception or pica in bar may be allowed by the court; but, when issue is ^ioed. aad the jury have received their charge, it is not PREFACE. 13 possible, in the nature of things, for them to separate the law from the fact, unless Ihey Ihink proper to return a special verdict. It has also been alleged, tlat, although a common jury are sufficient to determine a plain matter of fact, they. are not qualified to comprehend the meaning, or to judge of tl\e tendency of a seditious libel. In answer to this objectiou (which, if well founded, would prove nothing as to tise strict ri^ht of returning a general verdict)*! might safely deny the truth of the assertion. Englishmen, ofthat rank from which juries are usually taken, are not so illiterate as (to serve a particular purpose) they are now represented. Or, admitting the fact, let a special jury be summoned in all cases of difliculty and importance, and the objection is removed. But the truth is, that, if a paper, supposed to be a lilel upon government, be so obscurely worded, that twelve common men cannot possibly see the seditious meaning and tenlency of it, it is in erlect no libel. It cannot intlame the minds of the people, nor alienate their artections from goveninient; for they no more understand what it means than if it were published in a language un- known to them. Upon the whole matter, it appears, to my understand- ing, clear, beyond a doubt, that if, in any future prosecu lion for a ^^edilious libel, the jury should bring in a verdict of acquittal, not warranted by tlie evidence, it will be owing to the false^BB a! surd doctrines laid down by Lord Mansfield. DisgusBfc at the odious artifices njade use of by the Judge to misTead and perplex them.fflrirded against his sophistry, and convinced of the false.oo't of his asser- tions, they may, perhaps, determine to th'^art his detesta- ble purpose, and Vefeat him at any rate. To Mm, at least, they will do subdantial justice. Whereas, if the w'lole charge laid in the information be fairly and bonestlj' sub- mi-ted to the jury, there is no reason whatsoever to pre- Bime that twelve men, upon their oaths, will no^Jfecide impartiallv between t'le ting and the c.efendant. flno nu- meroio instances, in our state trials, of verdicts ret nver- ed for the king, '-ufliciently refute the false and scami^ilous imputations thrown out by the aheitors of Lord ATan-r.eld, upon the integrity ot juries. But eyen admi*'ing the sup- position, tiiat, in times of univerial discontent, arising from the notorious mal-admini.strationof puiilic alVairs, a seditious writer should escape punishment, it makes no- thing aj^ainst my general argument. If juries are fallible, to what other tribunal shall we appeal ' if juries cannot Eai'ely be tra-^ted, i=ha»l we unite the cilices of judge and jury, so wisely
  • ided by the constitution, and trust im- plicitly^ Lord »'an3iield? .\.re the judges o{ the court of King'.Twncb nir e likelv to be unbia^^ed and imrartial than twelve yeuinen, burgesses, or gentlemen, taken indif- (ei eatly ft-ofli the country at large! Or, in gligrt, skali tUpre 34 PREFACE. be no decision, until we have instituted a tribunal from which no possihle al>u?e or incrmvenience whatsoever can arise? If I am not grossly mistaken, these questions carry a decisive answer along with them. Having cleared the freedom of the press from a restraint equally unnecessary and illegal, I return to the use which has been made of it in the present puMication. National reflections, I confess, are not justified in the- ory, nor upon any general principles. To know how well they are deserved, and how justly they have been applied, we must have the evidence of facts before us. We must be conversant Avith the Scots in private life, and observe their principles of acting to us, and to each other; the cha- racteristic prudenclfe, the selfish nationality, the indefati- gable smile, the persevering assiduity, the everlasting pro- fession of a discreet and moderate resentment. If the in* stance were not too important for an experiment, it might not be amiss to confide a little in their integrity. Without any abstract reasoning upon causes and eifects, we shall Eoon be convinced, by experience, that the Scots, trans- planted from their own country, are always a distinct and separate body from the people who receive them. In other settlements, they only love themselves : in England, they cordially love themselves, and as cordially bate their neighbours. For the remainder of their good qualities I mu.st appeal to the reader's observation, urdess he will ac- cept of my Lord Barrin^ton'% ajthcrrffen a letter to the \d.ic Lord Mckpinbc, published by fimFLee ; he expresses himself with ?bruth and accuracy not very common in his Iordshii)'s lucuT'raticns. "And t ockburn, like viost of his covnirymcv, is as abject to thc>?e above him, as he is insolent to those below him." I am far from meaning to impeach the articles of the iinior. If the true spirit of those arti- cles were religiously achered to, we should not see such a multitude of Scotch commoners in the lower house, as re- pres«flBjatives of English boroughs, while not a single Scotch torougWs ever represeqtedby an Englishman. We should rot see English peerages given to Scotch ladies, or to the elder sons of Scotch peers, and the number of sixteen doubled and trebled by a scandalous evasion of the act of union. If it should ever be thought advisable to dissolve an act, the violation or observance of which is invariably directed by the advantage and interest of the Scots, I shall say very sincerely with Sir Edward Col e,* " When poor England stood alone, and had not the access of another king- dom and yet had more and as potent enemies as it now hath, yet the king of England prevailed." Some opinion oTay now be expected from me, upon a point of equal delicacy to the writer, and hazard to thMU-inter. When the character of the chief magistrate is in tPlestion, * FaTliame7Uarti Hislori/y vol. yii. p. 450. PREFACE. ;j 2iore iinust be understood than may be saft-Iy expressed. If it be really a part of our coastitution, and not a mere dictum of the law, t/int tke king can do no wrong, it is not the only instance, in the wisest of human institutions, ■where theory is at variance with practice. That the sove- reign of this country is not amenable to any form of trial tnown to the laws, is unquestionable. But exemption from punishment is asin.f^iilar privilege annexed to the roy- al character, and no way excludes the possibility of de- serving it. How long, and to what extent a king of Eng- land may be protected bylhe forms, when he violates the spirit of the constitution, deserves to be considered- A mistake in this matter proved fatal to Charles and his son. For my own (>art, far from thinking that the king can do no wrong, far from suttering myself to be deterred or impos- ed upon by the language of forms, in opposition to the sub- stantial evidence of truth, if it were my misfortune to live under the inauspicious reign of a prince, whose whole life was employed in one base contemptible struggle with the free spirit of his people, or in the detestable cmleavooRto corrupt their moral principles, I would not scruple to de- clare to him, " Sir, you alons are the author of the great- est wroi;g to your sul^jects and to yourself. Instead of reigning in the hearts of your people, insteadof command- ing their lives and fortunes through the medium of their aiVections, has not the strength of the crown, whether in- fluence or prerogative, been uniformly exerted for eleven yea s together, to support a narrow pitiful system oi go- vernment, which defeats itself, and answers no one pur- pose o! real power, profit, or personal satisfaction to you 7 With the greatest miappropriated revenue of any prince In Europe, have we not seen you reduced to such vile and sordid distresses, as would have conducted any other man to a prison ? With a great military, and the greatest naval power in the known world, have not foreign nations re- peatedly insulted you with impunity? Is it not n;j|^rious, that the vast revenues, extorted from the la!>out and in- dustry of your subjects, and given to you to do honour to yourself and to the nation, are di-ssipated in corrupting their representatives! Are you a prince of the house of Hanover, and do you exclude all the leading whig families from j'our councils ? Do you profess to govern according to law, and i,s it consistent with that profession, to impart -your confidence and ad'ection to those men only who, though now perhaps detached from the desperate cause of the Pre- tender, are marked in this country by an hereditary at- tachment to high and arbitrary principles of government? Are you so infatuated as to take the sense of your people from the representation of ministeis, or from the shouts of a mob, notoriously hired to suiTound your coach, or sta- tioned at a theatre? And if you are in reality, that public man, that king, that magistrate, whicli these questions sup- pose you to be, ia it aoy aaswef to your peoiJle to say, IS rHEFACE. That amon* your domestics you are good-humoured: tbart to one lady you are faithful : that to your children you are indulgent ? Sir, the man who addresse.? j'ou in these terms is your best friend. He would willingly hazard his life in defeuce of your title to the crown ; and, if power be your object, wiU still show you how possible ills for a King of England, by the noblest means, to be the most absolute prince in Europe. You have no enemies, sir, but those who persuade you to aim at power without right, and who think it flattery to tell you, that the character of king dis- solves the natural relation between guilt and punishment." I cannot conceive that there is a heart so callous, or an understanding so depraved, as to attend to a discourse of this nature, and not to feel the force of it. But where is the man, among those who have access to the closet, reso- lute and honest enough to deliver it? The liberty of the \>Tcss is our only resource. It will command an audience, "ivhen every honest man in the kingdom is excluded This glorious privilege may be a security to the king, us well as a .Resource to. his people. Had there been no star-cham- ber, there would have been no rebellion against Charles the First. The constant censure and admonition of the prees would have corrected his conduct, prevented a civil war, and saved him from an ignominious death. I am no friend to the doctrine of precedents, exclusive of right; though lawyers often tell us, that whatever has been once done, may lawfully be done again. I shall conclude this jire/ace v'ith a quotation applicable to the suliject, from a foreign ■writer,* whose essay on the English constitution I beg leave to recommend to the public as a performance, deep, solid, and ingenious. " In short, whoever considers what it is that constitutes the moving principle of what Ave call great atVairs, and the invincible sensibility of man to the opinion of his fellow- creatures, will not hesitate to affirm, that if it were possi- ble fop. the liberty of the press to exist in a despotic go- vernment, and (what is not less diificult) for it to exist without changing the constitution, this liberty of the press would alone form a counterpoi.se to the power of the prince. If, for example, in an empire of the east, a sanctuary could le found, which, rendered respectable by the ancient reli- gion of the people, might ensure safety to those whoshould bring thither their observations of any kind ; and that, from thence, printed papers should issue, which, under a certain seal, might be equally respected; and which, in their dai- ly appearance, sho'ild examine and freely discuss the con- duct of the cadis, the bashaws, the vizir, the divan, and the sultan himself: that would introduce immediately some de- gree of liberty." * Mens U lit de Lohne. LETTERS OF JUNIUS. LETTER I. Addressed to the Printer of the Public Advertiser, Sir, Janu.vry2I, 1760. The submission of a free people to the executive autijority of govcrninent, is no more than a compli- ance with laws which they themselves have enacted. While the national honour is firmly maintained abroad, and while j(i?tice is i'mpartially administer- ed at home, the obedience of the subject will be vo- luntary, cheerful, and I might almost say, unlimited. A generous nation i.* grateful even for the preservation of its rights, and willingly extends the respect due to the offiee of a good prince into an affection for his person. Loyalty, in the heart and understanding of an Englishman, is a rational attachment to the guar- dian of the laws. Prejudices and passion have some- times carried it to a criminal length, and, whatever foreigners may imagine, we know that Englishmen have erred as much in a mi.-taken zeal for particular persons and families, as they ever did in defence of what they thought most dear and interesting to them- selves. It naturally fills us with resentment to see' such a temper insulted and abused. lu reading the history of a free people, whose right? have been invaded, we are interested in their cause. Our own feelings tell us how long they ought to have«*bmitted, and at what moment it would have been iR^chery to them- selves not to have resisted. How much warmer will be our resentment, if experience should bring the fatal example home to ourselves! The situation of this country is alarming enough to rouse the attention of every man^who pretends to a concern for the public M'elfare. Appearances justify suspicion ; and when thesafetj^ oflft nation is at stake, BU.spicion is a just ground of inquiry. Let us enter 18 JUNIUS. into it with candour and- decency. Respect is due to the station of ministers j and, if a resolution must at last be taken, there is none so likely to be supported with firmness, as that which has been adopted with moderation. The ruin or prosperity of a state depends so much upon the administration of its government, that, to be acquainted with the merit of a ministry we need only observe the condition of the people. If we see them obfdient to the law?, prosperous in their industry, united at home, and respected abroad, we may rea- sonably presume that their afFiirs are conducted hy men of experience, abilities, and virtue. If, on the contrary, we see an universal spi'it of distrust and dissatisfaction, a rapid decay of trade, dissensioiisin all part? of the empire, and a total loss of respect in the eyes of foreign powers, we may pronounce, without hesitation, that the government of that country is weak, distracted, and corrupt The multitude in all countries, aic patient to a certain point. Ill usage may rouse their iudij2;nation, and hurry them into excesses ; but the orijinal fault is in government. Perhaps there never was an instance of a change, in the circumstances and temper of a whole nation, so sudden and extraordinary as that which tlie miscon- duct of ministers has within these few years produced in Great Britain. Wlien our gracious sovereign as- cended the throne, we were a flourishing and a con- tented people. If the personal virtues of a king could have ensured the happiness of his subjects, the scene could not have altered so entirely as it has done. The idea of nn, ting all parties, of trying all characters, and distributing the offices of state by rotation, was gra- cious and benevolent to an extreme, though it has not yet produced the many salutary effects which were intended by it. 2^ say nothing of the wisdom of such a plan, it undoujJPply arose from an unbounded good- ness of heart, in which folly had no share. It was not a capricious partiality to new faces -, it was not a na- tural turn for low intrigue; nor was it the treacherous amusement of double and triple negotiations. No, sir, it arose from a continued anxiety, in the purest of all possible hearts, for the general welfare Unfortunate- ly for us, the everA has not been answerable to the 4iesigR. After a i^pid succeesion of changes, we arc JUNIUS. 19 redijred to that state whiclj hardly any change can mend. Yet there is no extremity ot distress which, of itself, ought to reduce a great nation to despair. It is not the disorder, but the physician : it is nqfl|| ca- sual concurrence of calamitous circumstancegplt is the pernicious hand of government which alone can make a whole people desperate. Without much political sagacity, or any extraordi- nary depth of (^ervation, we need only mark hov^ the principal dejfertments of the state are bestowed, and look no further for the true cause of every mis- chief that befalls us. The* finances of a nation, sinking under its debts and expenses, are committed to a young nobleman al- ready ruined by play. Introduced to act under the auspices of Lord Chathum, and left at the head of af- fairs by that nobleman's retreat, he became minister by accident; but deserting tbe principles and profes- sions which gave him a moment's popularil^y, we see him, from fvery honourable engagement to the public, an apostate by design. As for business, the world j'ct knows nothing of his talents or resolution ; unless a wayward, wavering inconsistency be a mark of ge- nius, and caprice a demonstration of spirit. It may be said, perhaps, that it is liis grace's province, as surely it is his passion, rather to distribute than to save the public money ; and that while Lord North is Chan- cellor of the Exchequer, the first Lord of the Treasu- ry may be as thought less and extra vaga nt as })<• pleases. IJiO[)e, however, lie will not rely too much on tiie fer- tility of Lord North's genius for finance; his lordship is yet to give nsthefirstproof of hisabilitif\'j. It may be candid to suppose, that he has hitherto voluntarily concealed his talents ; intending, perhaps, to astonish the world, when we least expect it, with a knowledge of trade, a choice of expedients, and a depth of re- * The Duke of Grafton took the office of Secretary of State, ivith an engagement to suppoj-tthe Marquis oi' Kock- hi<:;ham's administration. He rebi.2ned, however, in a little time, under pretence that he could not act without l^ord Chatham, nor hear to see Mr. Wilkes abandoned : but that under Lord Chatham he would act in any office. This was tbe sijrnal of Lord Rockingham's dismission When Lord Chatham came in, the Duke got possession of the treasury^ Reader, mark the consequenceJ 20 JUNIUS. sources, equal to the necessities, and far beyond t]i© hopes of his country. He must now exert the whole power of his capacity, if he would wish us to forget, thatJ^nce he has been in office, no plan has been forialf, no system adhered to, nor any one important measure adopted for the relief of public credit. ^ If his plan for the service of the current year be not irrevo- cably fixed on, let me warn him to think seriously of consequences before he venture^to increase the public debt. Outraged and oppressed as we are, this nation will not bear, after a six years' peace, to see new millions borrowed, without an eventual diminu- tion of debt, or reduction Oi interest. The attempt might rouse a spirit of resentment which might reach beyond the sacrifice of a minister. As to the debt upon the civil list, the people of England expect, that it will not be paid without a strict inquiry how it was incurred. If it must be paid by Parliament, let me advise the Chancellor of the Exchequer to think of gome better expedient than a lottery. To support aa expensive war, or in circumstances of absohite necessi- ty, a lottery may perhaps be allowable ; but, besides that it is at all times the very worst way of raising money upon the people, I think it ill becomes the royal dignity, to h ive the debts of a King provided for like the repairs of a country bridge or a decayed hospital. The management of the King's affairs ia the House of Commons, cannot be more disgraced than it has been. A leading minister* repeatedly called down for absolute ignorance, ridiculous mo- tions ridiculously withdrawn, deliberate plans discon- certed, and a week's preparation of graceful oratory lost in a moment, give us some, thnngh not adequate ideas of Lord Nortli's Parliam'-ntary abilities and in- fluence. Yet, before he had the misfortune of being Chancellor of the Exchequer, he was neither an object of derision to his enemies, nor of melancholy pity to his friends. A series of inconsistent measures has alienated the colonies from their duty ns subjects, and from their natural affections to their common country. When. Mr. Grenville was placed at the head of the treasury, be felt the impossibility of Great Britain's supporting * Tbis bappeaeci fre(j[uejitly to poor LorU NortB, JUNIUS. 21 luch an establisliment, as her former successes had made indispensable, and at the same time of giving an)' sensible relief to foreign trade, and to the weight of the public debt. He thought it equitable, that those parts of the empire wliicb had benefited most by the expenses of the war, should contribute something to the expenses of the peace, and he had no doubt of the constitutional ri^ht vested in parliament to raise the contritiutinu. But, unfortunately for this country, Mr. Greuville was at any rate to be distressed, be- cause he was minister ; and Mr. Pitt* and Lord Cam- den were to be the patrons of America, because they were in opposition. Theirdeclaration gave spirit and argument to the colonies; and while, perhaps, they meant no more than the ruin of a minister, they, ia eflfect, divided one half of the empire from the other. Under one administration the stamp-act is made; under the second it is repealed; under the third, in spite of all experience, a new mode of taxing the colo- nies is invented, and a question revived which ought to have been buried in oblivion. In these circum- stances a new office is estvibiished for the business of the plantations, and the Earl of Hilsborough called forth, at a most critical season, to govern America. The choice, at least, announced to us a man of supe- rior capacity and knowledge. Whether he be so or not, Jet his despatches, as far as they have appeared, let his measures, as far as they have operated, deter- mine for him. In the former we have seen strong assertions witliout proof, declamation without argu- ment, and violent censures without dignity or mode- ration ; but neither correctne.'^sin the composition, nor judgment ifi the design. As foi- his measures, let it be, remembered, that he was called upon to conciliate and unite; and that, when he entered into office, the most refractory of ihe colonies were still disposed to proceed by the constitutional methods of petition and remon- strance. iSince that period they have been driven into excesses little short of rebellion. Petitions have been hindered from reaching the throne ; and the continuance of one of the principal assemblies rested * Yet Jiinii/s ba.s been called the partisaa of Lord Chat- ham ! 22 JtlNlUS. upon an arbitrary condition,* which, considering the temper they wrre in, it was impossible Ihey should comply with ; and which would have availed nothing, as to the general question, if it had been complied with. So violent, and I believe I may call it, so un- constitutional, an exertion of the prerogative, to say nothing of the weak, injudicious terms in wiiich it was conveyed, gives us as humble an opinion of his Lord- ship's capacity, as it does of hi? temper and modera- . tion. While we are at peace with other nations, our military force may, perhaps, be spared to support the Earl of H ilsborough's measures in \mf rica. Whene- ver that force shall be necessarily withdrawn or di- minished, the disniission of such a minister will neither console us for his imprudence, nor remove the settled resentment of a people, who, complaining of an act of the legislature, are outraged by an unwarrantable stretch of prerogative, ^nd, supporting their claims by argument, are insulted with declamation. Drawing lots would be a prudent and reasonable method of appointinff the officers of state, compared to a late disposition of the Secretary'? office. Loril Rochford was acquainted with the affairs and temper of the southern courts; Lord Weymont'i was equally qualified for either department,! by what unaccoimta- hle caprice has it happened, thnt tlie latter, who pre- tends to no experience whatsoever, is removed to the most important of the two departm.-nts, and the for- mer, b.y preference, placed in an office where his ex- perience can be of no upe to him ? Lord Weymouth had distinguished iiim?elf, in his first employment, by a spirited, if not judicious, conduct. He had animat- ed the civil magistrate beyond the tone of civil au- thority, and had directed the operations of t!ie army to more than military execution. Recovered from the errors of his youth, from the distraction of play, and tlie bewitching smiles of Burgundy, behold him exerting the whole strength of his clear, unclouded faculties, in the service of the crown. It was not the * That they should retract one of their resolutions, andj erase tneenlrv of it. t It wa'* pretended that the Earl of Rochford, while am- bassBfior in France, had quarrelle'l with the Duke of Choi- seul ; an -I that, therefore, he was appointed to the Northern Department, oat of compliment to the French minister. JUNIUS. 23 \f>'it ofniiclnight excessc?, nor ignorance of the laws, uoi- the furious spirit of the hoiire of Bedford ; no, sir, wh'^n this respectable minister interposed his authori- ty )etweon the magistrate and the people, and signed Ui mandate, on vvnich, for aught lie knew, the lives or honsands depended, he (Kd it from the deliberate notion of his heart, supported b^ the best of his rf ;ment. : has lately been a fashion to pay a compliment '. he bravery and generosity of the commander, in liaf,* at the expense of his understanding. They • > love him least, make no question of his courage, le his friends dwell chiefly on the facility of his losition. Admitting him to be as brave as a total ence of all feeling and reflection can make him, ' us see what sort o"f merit he derives from the re- • inder of his character. If it be generosity to ac- • .nulate, in his own person and family, a number of i rative employments ; to provide, at the public ex- {! se, for every creature that bears the nameof Man- .' s; and, neglecting the merit and services of tlie ' : of the army, to heap promotions upon his favonr- and dependants ; the present conunander in chief he most genprous man alive. Nature has been • ring other gifts to this noble lord; but where '■■ tl\ and fortune are united, we expect tiie noble ' ie and independence of a man of spirit, not the .• t'ile humiliating complaisance of a courtier. As 'i- che goodness of his heart, if a proof of it be taken iioiithe facility of never refusing, what conclusion ^\'.M we draw from the indecency of never perform- » ? And if the discipline of the army be in an> de- !^) e preserved, what thanks are due to a man, whose (;Ace3 notoriously confined to filling up vacancies, :\::ve degraded the office of commander in chief into •• iroker of commissions? rt'ith resppct to the navy, I shall only say that this ' intry is no highly indebted to Sir Edward HhavJcp, ' . it no expense should be spared to secure to hiic an ; nourable and affluent retreat. The pure and imnariial administration of j'ist ceis, ,; -rhaps, the firmest bond to secure a cheeifiil si!bmis- »n of the people, and to engage their affections to * Th« late Lord Grwiby. 24 JUNIUS. government. It is not sufficient that questions of pri- vate ri^^lit or wrong are justly decided, nor that judges are superior to the vileness of pecuniary corruption. JefFeries himself, when tlie court h^d no interest, was an upright judge. A court ol j;istice may he subject toanother sort of bias, more iinnortHutaud pernicious, as it reaches beyond the interest of individuals, and affects the whole community. A judge under the in- ftiienre of government may be honest enough in the decii-ion of private causes, yet a tiaitorto the public. When a victim is marked out by the ministry, this judge will offer himself to perform the sacrifice. Ke will not scruple to prostitute his dignity, and betray the sanctity of his office, whenever an arbitrary point is to be carried for jjovernment, or the resentment of a court to be gratified. These principles and proceedings, odious and con- temptible as they are, in effect are no less injudicious. A wise and generous people are roused by (H'e.ry ap- pearance of oppressive, unconstitiitional measures, whether those measures are supported only b\ the power of gnvernmf'ut, or masked, under the form of a court of justice.- Prudence and self preservation will oblige the most moderate dispositions, to m.^ke com- mon cause, even with a man whose conduct they cen- sure, if they see him persecuted in a way whicli the real spirit of the laws will not justify. The facts on whicii these remarks are founded are too notorious to require an application. Tlii>', sir, is the detail. In one view, behold a na- tion overwhelm.ed with debt; h.-r revenues wasted, her trade declining; the affections of her colonies alienated; the duty of the magistrate transferred tt) the soldiery ; a gallant army, which never fought un- willingly but agniust tht^ir fellow subjects, mouldering away for want of the direction of a man of commou abilities and spirit; and, in the last instance, the ad- ministration of justice become odious and suspected to the whole body of the people. This deplorable scene admits of but one addition : that we are govern- ed by counsels from which a reasonable man can ex- pect no remedy but poison, no relief but death. If, by the iiumediate interposition of Providence, it were possible for us to escape a crisis so full of ter- rar and despair, po'iterity will not believe the history JUNIUS. 25 rf the present times. They will either conclude that our dislre.eses wore imaginary, or that we had the jood fortune to be governed hy men of acknowledged integrity and wisdom: they wi 1 not believe it possi- ple, tliat their ancestors could have survived or re- covered from so desperate a condition, while a Duke 3f Grafton was prime minister, and a Lord North chancellor of the excliequer ; a Weymouth and a Hfillsborough secretaries of state; aGranby comman- der in cluef: and a Mansfield chief criminal judge of :he kingdom. JUiVlUS. LETTER II. To the Printer of the Public Advertiser. !iR, Januabt 26, 176S. The kin|?dom swarms with such numbers of feloni- nn? robbeis of private character and virtue, that no tionestor goodmsn is safe; especially as these coward- ly, base ass .ssins, stab in (he dark, without having tlic courng to sign their real names to their malevo- lent and wicked pioductinns. A writer, who" signs liimself Junius, in tlie Public Advertiser of the 21st instant, opens the deplorable situation of his country, in a very afteciiug n)anner. With a pompous parade Df his candour and dfct^ucy, he tells us, that we see dissensions in ail parts of the empire, an universal spirit of distrust and dissatisfaction, and a total loss of respect toward us in tlie eyes of foreign powers. But this writer, with all liis boasted candoiu-, has not told us the real cause of the evils he so pathetically Snumerates. I shall take the liberty to explain the jause for him. Junius, and such writers as himself, Dccasion all the miscliief complained of, by falsely and maliciou'^ly traducing the l)est characters intheking- dom : for when our deluded people at home, and foreiijriers abroad, read tlie poisonous and inflamma- tory libi'ls that are daily published with impunity, to i^ilify those who are any way di>tingi;ished by their 2;ood qualities and en'inent virtues; when they find io notice taken of, or reply given to these slanderous congues and pens, their conclusion is, that both the 20 J-UNIUJl ministers and the nation have been fairly tlescri-. and they act accordingly. I think it, therefore, duty of every good citizen to stand forth, and en vour to undeceive the public, when the vilest arts made use of to defame and blacken the brigl characters among us. An eminent author affiri to be almost as criminal to hear a worthy man duced, without attempting his jsistification, as t the author of the calumny against him. For ray part, I think it a sort of misprision of treason ag society. No man, therefore, who knows Lord G by, can possibly hear so good and great a chart most vilely abused, without a warm and just indi tion against this Junius, this high-priest of e malice, and all uncharitableness, wiio has endear ed to sacrifice our beloved commander in chief, a altars of his horrid deities. Nor is the injury do liis lordship alone, but to the v.hole notion, w may too soon feel the contempt, and consequentl; attacks, of our late enemies, if they can be ind to believe, that the person on whom the safety of 1 kingdoms so much depends, is unequal to his station, and destitute of those qualities which fo good general. One would have thought tha lordi^hip's services in the cause of his country, the battle of Culloden to his most glorious conch of the late wai', might have entitled him to con respect and decency at least ; but this uncandid decent writer, has gone so far as to turn one o most amiable men of the age, into a stupid, unfee and senseless being; possessed, indeed, of pen courage, but void of those essential qualities ^ distinguish the commander from the common sol A very long, uninterrupted, impartial (I will a most disinterested friendsliip) with Lord Gra gives me the riijht to affirm, that all Junius's asser are false and scandalous. Lord Granby's cou though of the brightest and most ardent kin amongst the lowest of his numerous good quali he vvac foimed to excel in war, by nature's liber to his mind as well as person. Educated and inst ed by his most noble father, and a most spii ib well as excellent scholar, the present Bishop of gor, he was trained to the nicest sense of honour, to the truest and noblest soi't of pride, that of s JUNIUS. 27 ing or suffering a mean action. A sincere love and :aclunent to his king and countrj*, and to tiieir >ry, first impelled him to the field, where he never Ined ought out honour. He impaired, through his unty, his own fortune; for liis bounty, whicli this iter would in vain depreciate, is founded upon the t)lest of the human affections ; it flows from a heart Iting to goodness; from the most refined humanity. n a man, who is described as unfeeling and void of ! lection, be constantly employed in seeking proper Injects, on whom to exercise tliose glorious virtues of • . npassiou atid generosity p The distressed officer, , - soldier, the widow, the orphan, and a long list be- o«, know that vanity has no share in his frequent it Ions; he gives, because he feels their distresses. . has he ever been rapacious with one hand, to be intifui witii the other. Yet this uncandid Junius :ald insinuate, that the dignity jf the commander dhief is degraded into the base^ice of a coramis- \ broker; that is, Lord Gr^i^y bargains for the ; of commissions; for it musniave this meaning, if IS any at all. But where is the man living who i istl|r charge his lordship with such mean^prac- ■' Vi hy does not Junius produce him ? Junius ;#hat he has no other means of wounding this . thun from some missile weapon, shot from an ii.e corner. He jeeks, as all such defamatory lers do, — spargcre voces ^vulgum ambiguas,- on i 1-e susjucion in the minds of thfi people. But I that my countrymen will be no longer imposed ', by artful and designing men, or by wretche?, bankrupts in business, m fame, and in fortune, ;i nothing more tlian to involve this country in tiie e common ruin with themselves. Hence ills, that ' are constantly aiming their dark, and too often !, weapons against those who stand forth as the rark of our national safety. Lord Granby was i-onspic'ious a mark not to be their object. He is attacked for being unfaithful to his promises and igemeuts. Where are Junius's proofs? Altiionglv uld give some instances where a breach of promise Id be a virtue, especially in the case of those wlio -Id pervert the open, upsuspecting moiaeiits of con- 28 JUNIUS. vivial mutli, into sly, in?idious applications for prefer- ment or party-systemn, and would endeavour to sur- prise a good man, who cannot bear to see any one leave him dissatisfied, into unguarded promises. Lord Granby's attention to his own family and relations is called selfish. Had he not attended to them, when fair and just opportunities presented lliemselves, I should have thought him unfeeling, and void of re- flection indeed. How are any man's friends or rela- tions to be provided for, but from the influence and protection of the patron ? It is unfair to suppose, that Lord Granby's friends have not as much merit as the friends of any other great man. If he is generous at the public expense, as Junius invidiously calls it, the public is at no more expense for his lordship's friends, than it would be if any other set of men possessed those offices. Tlie charge is ridiculous ! The last chargJbgainst Lord Granb}' i? of a most serious and alarnuri^nature indeed. Junius asserts, that the army is m^Kdering away, for want of the direction of a man of common abilities and spirit. The present coudilion of the army gives the^irecte.«t lie to his issrrtions. It was never upon a'^iore re- spectable footing with regard to discipline anc^ll the essentials that can form good soldiers. Jiord loonier delivered a firm and noble palladium of our gaieties into Lord Granby's hands, who has kept it in the same good order in which he received it. The strict- est care has been takeu to fill up the vacant commis- sions with such gentlemen as have tfce glory of tlieir ancestors to support as well as their own; and are doubly bound to the cause of their king and country, from motives of private pro[)erty, as well as public spirit. The adjutant-general, who has the immediate care of the troops after Lord Granby,i'^ an officer that would do great honour in any service in Europe, for hi- correct arrangements, good sense and discernment upon all occasions, and for a punctuality and precision which give the most entire satisfaction to all who are obliged to consult him. The reviewing generals, who ' inspect the army twice a year, have been selected' •with the greatest care, and have answered the ira-1 portant trust reposed in them in the most laudable] -manner. Their reports of the condition of the army, j are much more to be credited than those of Junius,J JUNIUS. 2& whom I do advise to atone for his shaniefol asper- «ions, by asking pardon of Lord Granby and the whole kingdom, whom he has offended by his abomi* nable scandals. In short, to turn Junius's own battery against him, I must assert, in his own words, " that he has given strong assertions without proof, decla- mation without argument, and violent censures with- out dignity or moderation." VV ILLIAM DRAPER, LETTER III. To Sir William Draper, Knight of the Bath. ,?1R, February 7, 1769. Your defence of Lord Granby does honour to the igoodness of your heart. You feel, as you ought to do, for the reputation of your friend, and you expre.ss yourself in the warmest language of your passions. In any other cause, I doubt not you would have cau- tiously weighed the consequences of committing your name to the licentious discourses and malignuit opi- nions of the world. But here, I presume, you thought it would be a breach of friendship to lose one moment in consulting your understanding ; as if an appeal to tlie public were no more than a military coup demain^ where a brave man has no rules to follow but the dictates of his courage. Touched with your genero- sity, I freely forgive the excesses into which it has #ed you ; and, far from resenting those terms of reproach, wliich, coii-ideiing that you are an advocate for de- ;orum, you have heaped upon me rather too liberal- ly, I place them to the account of an honest, unre- iecting indignation, in which your cooler judgment and natural politeness had no concern. 1 approve of the spirit with which you have given your name to :1^ public; and if it were a proof of any thing but j!-"piiit, I should have thought myself bound to follow v'our example. I should have hoped that even mjf lame might carry some authority with it, if 1 had not ieeu how very little weight or consideration a printed oaper receives even from the respectable signature of Sir William Draper. B 30 JUNIUS. You begin with a general assertion, that writer?, such as 1 am, are the real caupe of all the public evils we comphin of. And do you really think, Sir Wil- liam, that the licentious pen of a jiolitical writer is able to produce such important effects;^ A little calm reflection might have shown you, that national cala- mities do notarise from the description, hut from the real cliaracter and conduct of ministers. To have -ui)ported your assertion, you should have proved liiat the present ministry are unquestionably the best and brightest characters of the kingdom ; and that, if the affections of the colonies have been alienated, if /Corsica has been shamefully abandoned, if commerce languishes, if public credit is threatened with a new debt, and your own Manilla ransom most dishonoura- bly given up, it has all been owing to the malice of political writers, wlio will not suffer the best and br\;?h'est characters (liieaning still the present minis- try) to take a single right step, for the honour or interest of the nation. But it seems you were a little tender of coming to particulars. Your conscience insinuated to you that it would be prudent to leave the characters of Grafton, North, Hillsborougi), Wey- mouth, and Marisfield to shift for themselves; and truly, Sir William, the part you have undertaken is at least as much as you are equal to. Without disputing Lord Granby's courage, we are yet to learn in what articles of military knowledge na- ti.re has been so very liberal to his mind. If you have served with him, you ought to have pointed out some in * ant-es o" able disposition, and well-concerted en- terprise, whicli might fairly be attributed to his capa- city as a general. It is you, Sir William, wiio make yourfriend appear awkward and ridiculous, by giving him a laced suit of tawdsy qualifications, which nature ^ never intended hira to wear. I Vou say, he has acquired nothing but honour in the xield. Is the ordnance nothing? Are the blues no- thing? Is the command of the army with all the pa- tronage annexed to it nothing .f' Where he got these 7tothings I know not ; but you at least ought to have told us when he deserved them. As to his bounty, compassion, &c. it Avould have been but little to the purpose, thougii you had proved ail that you have asserted. I meddie with nothing i JUxVIUS. 31 but Ins character as commander in chief ; and though Jacquit him of the baseness of selling commissions, I Rill assert, tiiathis military cares have never extend- ed beyond the disposal of vacancies ; and I am justifi- ed by the complaints of the whole army, when 1 say, that, in this distribution, he consults nothing but par- lliment'ry interebts, or the gratification of bis imme- diate dependants. As to his servile submission to the reigning ministry, let me ask, whether he did not de- sert the cause of tlie whole army when he suffered Sir Jeffery Amherst to be sacririced, and what share he had in recalling that officer to the service? Did he not betray the just interest of the army in permitting; Lord Percy to have a regiment p And does he not, at this moment, give up all character and dignity as a gentleman, in receding from bis own repeated decla- rations in favour of Mr. Wilkes ? In the two next articles, 1 tliink, we are agreed. You candidly admit, that he often makes such pro- mises as it is a virtue in him to violate, and that no man is more assidious to provide for his relations at the public expense. 1 did not urge the last as an ab- solute vice in his disposition, but to prove tliat a careless disinterested SjArit is no part of his ci)aracter; and as to the other, i desire it may be remembered, that I never descended to the indecency of inquiring into his convivial hours. It is you. Sir VViliirim Dra- per, who have taken pains to represent your friend in ; the character of a drunken landlord, who deals out his promises as liberally as his liquor, and will suffer no man to leave his t ible either sorrowful or sober. None but an intimate friend, who must frequently have seen him in these unhappy disgraceful moments, could have described him so well. ; , The last charge, of the neglect of the army, is in- deed the most material of all. I am sorry to tell you, jSir William, that in this article your first fact i? fUse ; ■ and as there is nothing more painful to me than to give • a direct contradiction to a gentleman of your appear- -;ance, 1 could wish, that in your future publications, ;you would pay a greater attention to the truth of your premises, before you suffer your genius to hurry Eyou to a conclusion. Lord Li'jjonit r did not deliver lithe array (which you, in classical langi^age, are Jpkaaed W call a palladixim) into Lord Granby's I Jl 32 JUNIUS. hands. It was taken from him, much against his iii- cUn.ition, some two or three years before Lord Gran- by was commander in chief. As to the state of tTO army, I should be glad to know where you have re- ceived your intelligence. Was it in the rooms at Bath or atyour retreat at Clifton? The reports of the re- viewing general* comprehend only a few regiments in England, which, as they are immediately under the royal inspection, are perhaps in some tolerable order. But do you know any thing of the troops in the West Indies, the Mediterranean, and North America, to say nothing of a whole army absolutely ruined in Ireland i' Inquire a little into fact?, Sir \Villi;-im, before you publish your next^panegyric upon Lord Granby ; and believ^■ me, you will find there is a fault at head- quarters, which even the acknowledged care and abilities of the adj;itant-gi^neral cannot correct. Permit me now. Sir William, to address myself per- son illy to you, by way of thanks for the honour of your correspondence. You are by no means unde- serving of notice, and it may be of consequence even to Lord Granby, to have it determined, whether or no the man, who has praised him so lavishly, be him- self deserving of praise When you returned to Eu- rope, you zealously undertook the cause of that gallant army, by whose bravery at Manilla your own fortune had been established. You complained, you threat- ened, you even appealed to the public in print. By what accident did it happen, that, in the midst of all this bustle, and all these clamours for justice to your in- jured troops, the name of the Manilla ransom was suddenly buried in a profound, and, since that time, an uninterrupted silence ? Did the ministry suggest any motives to you, strong enough to tempt a man of honour to desert and betray the cause of his fellow sohliersi' Was it that blushing riband which is now the perpetual ornami^nt of your person;' Or, was it that regiment which you afterwards (a thing unore-r cedented among soldiers) sold to Colonel Gisbornep^ Or, was it that government, the full pay of which you are contented to hold, with the half-pay of an Irish colonel i^ And do you now, after a retreat not very like that of Scipio, iiresume to intrude yourself, nn- thoaght of, uncalled for, upon the patience of the IJublic i' Are your iatterics of the commander in cbifif %4 JUNIUS. 3fi directed to another regiment, which yoii may agaia dispose of on the same honourable terms ? We know your prudence, Sir William ; and I should be soi|[^ to stop your preferment. JUNIUS. LETTER IV. To Junius. ' Sir, • February 17, 1769. I RECEIVED Jiinius's favour last night; he is deter- mined to keep his advantage by the help of his mask : it is an excellent protection ; it has saved many a man from an untimely end. But whenever he will be honest enough to lay it aside, avow himself, and pro- duce the face which has so long lurked behind it, the world will be able to judge of his motives for writing such infamous invectives. His real naingjvill discover his freedom and independency, or his servility to a faction. Disappointed ambition, resentment for de- feated hopes, and desire of revenge, assume but too often the appearance of public spirit: but, be his de- signs wicked or charitable, Junius sliould leain, that it is possible to condemn measures without a barbarous and criminal outrage against men. Junius delights to mangle carcasses with a hatchet; his language and Instrument have a great connection with Clare-Mar- ;etj and to do him justice, he handles his weapon Biost admirably. One would imagine he had been taught to throw it by the savages of America. It is, therefore, high time for me to step in once more to shield my friend from this merciless weapon, although Imay be wounded in the attempt. But I must first ask Junius, by what forced analogy and construction, the moments of convivial mirth are made to signify, ittdecency, a violation of engagements, a drunken 'landlord, and a desire that evcvy one in company should be drunk likewise ! He must have culled all the flowers of St. Giles's and Billingsgate, to have jiroduced such a piece of oratorj/. Heie the hatchet descends with ten-fold vengeance: but alas ! it hurts no one but its ma>ter ! for Junius must not think to put words iuto my mouth, that sceai too foul evejj his o-ffa. |}r 34 JUNIUS. My friend's political engagements I Icnow nSF^ cannot pretend to explTin them, or assert their con- si|^iicy. I know notwlielher Junius be considerable ^rongli to belong to any party. If he .-hould be so, can he affirm, that he has always adhered to one set of men and measures ? U he sure that he has nover sided with those whom he was first hired to abuse? Has he never abused those he was hired to praise p To say the truth, most men's politics sit much too loosely about them. But, as my friend's military character was the chief object that engaged me in this controversy, to tliat I shall return. • Junius asks, what instances my friend has given of his military skill and capacity as a general ? when and where he gained his honour? When he deserved his emoluments? The united voice of the army which served under him, the glorious testimony of Prince Ferdinand, and of vanquished enemies, all Germany will teil him. Junius repeats the complaints of the ar- my against parliamentary influence. I love the army too well not to wish that such influence were less. Let Junius point out the time when it has not prevail- ed. It was of the least force in the time of that great man the late Duke of Cumberland, who, as a prince of the blood, was able, as well as willing, to stem a torrent wluch'would have overborne any private sub- ject. In time of war, this influence is small. In peace, when discontent and faction have the surest means to operate, especially in this country, and when, from a scarcity of public spirit, the wheels of government are rarelytnoved hut by the power and force of obliga- tions, its weight is always too great. Vet, if this in- fluence, at prtseut, has done no greater harm than the placing Earl Percy at the head of a regiment, I do not think that either the riglits or best interests of the army are sacrificed and betrayed, or the nation »mdone. Let me ask Junius, if he knows any one no- bleman in the army who iias had a regiment by seni- ority? I feel myself happy in seeing young noblemen of illustrious name and great property come among us. Tliey are an additional security to the kingdom from foreign or domes'tic slavery. Junius needs not to be told, that, should the time ever come, when this nation is to be defended only by those who have no- thing more to lose than their arms and their pay, its JUNIUS. 35 dano;or will be great indeed. ~ A happy mixture of men of quality with soldiers of rortnnp, is ahvays to ! be wished for. But the ninin point is still to bp. (-on- tended for; I mean the discipline and condition of ; the army ; and I must still maintain, though contra- , dieted by Jimiiis, that it never was upon a more re- ■ epectahle footing, astoall the essentials that can form good soldiers, than it is at present. Junius is forced to allow, that our army at hom&inay be in s >me tole- rable order ; yet, how kindly does he invite our late enemies to the iiivas-ion of Ireland, by assurino ihem, thatthe army in that kingdom istotally ruined ! (The colonels of that army are much obliged to him.) I have too great an opinion of the military t'llents of the Jord lieutenant, and of all their diligence and capaci- ty, to believe it. If, from some strange unaccounta- ■ ble fatality, the people of that kingdom cannot be in- duced to consult their own secui ity, by such an effecta- al augmentation, as may en ible the troops there to act Avith power and enrrgy, is the commander ia chief here to blame [' Or, is he to blame, because the troops in the Mediterranean, in tlip West Indies, in America, labour under great difficulties from the scarcity of men, which isbut too visible all over these kingdoms! Many of our forces are in climates unfa- vourable to British constitutions ; their loss is in pro- portion. Britain must recruit all these regiments from her own emaciated bosom ; or, more precariously, by catholics from Ireland. We are likewise subject to ' the fatal drains to the East ludios, to Senegal, and the alarming emigrations of our people to other coun- tries. Such depopulation can only be rei)aired by a ; long peace, or by some sensible bill of naturalization. I must now take the liberty of addresrina; Jimitis on : my own account. He is pleased to tell me, that he ; addresses himself to me personally : I shall be glad to see him. It is hh impersonality i\mt I complain of, and i his invisible attacks ; for, his dagger in the air is only ! to be regarded, because one cannot see the hand which holds it ; but, had it not wounded other people i more deeply than myself, I should not have obtruded : myself at all on the patience of the public. Mark how a plain tale shall put him down, and I transfuse the blush of my riband into his own cheeks. : Jimius tells me, that at my return, I zealously under- took the cause of the gallant army by whose braver/ 30 JUNIUS. at Manilla my own fortunes were established ; that i romplained ; that I even appealed to the public. I did so; I glory in having done so, as I had an un- doubted right to vindicate my own character, attack- ed by a Spanish memorial, and to assert the rights of my brave companions I glory, likewise, that 1 have jiever taken up my pen but to vindicate the injured. Junius asks, by what accident did it happen, that^ in the midst of all this bustle, and all the clamours for justice to the iujured troops, the Manilla ransom was suddenly buried in a profound, aud, since that time, an uninterrupted silence ? I will explain the cause to the public. 1 heseveral miuisters wholiave been em- ployed since that time, have been very desirous to do justice, from two most laudable motives : a strong in- clination to assist irijured bravery, and to acquire a %vell.deserved popularity to themselves. Their efforts have been in vain. Some w^re in tenuous enough to own, that they could not think of involving this dis- tressed nation in another war for our private concerns. In short, our rights for tiie present, arc sacrificed lo national convenience; and I must confess, that al- though I may lose five-and-tvrenty thousand pounds by their acquiescence to this breach of faith in the Spaniards, I think they are in tlie right to temporise, considering the critical situation of this country, con- vulsed in every part, by poison infused by anonymous!, wicked, and incendiary writers. Lord Shelburne will dome the justice to own, that in September last, 1 waited upon him with a joint memorial from the ndmiral, Sir S. Cornish, and myself, in behalf of our injured companions, Flis lordship was as frank upon the occasion as other secretaries haJ been before him. lie did not deceive us, by giving any immediate hopes of relief. Junius would basely insinuate, that my silence may have been purchased by my goveinment, by my blush- ing riband, by my regiment, by the r-ale of that regi- ment, and by half pay as an Irish colonel. His majesty was pleased to give me my govern- ment for my service at Madras. I had my first regi- ment in 17.57. Upon a\y return from Manilla, his majesty, by Lord Egremofit, informed me, that I should have the first vacant red riband, a?:' a reward for many services in an enterprise whio.h I had planned as well as executed. The Duke oi' Bedford aed Mr. JUNIUS. 37 'Grenville confirmed those assurances, many raontha before the Spaniards had protested the ransom bills, To accommodate Lord Clive, then going upon a most important service to Bengal, I waved my claim to the vacancy which then happened. As there was no other vacancy until the Duke of Graftoa and Lord Rpckingham were joint ministers, I was then honour- ed with the order ; and it is surely no small honour to me, that, in such a succession of ministers, they were all pleased to think that I had deserved it; in my favour they were all united. Upon the reductioa of the 79th regiment, which had served so gloriously in the East Indies, his majesty, unsolicited by me, gave me the 16th of foot as an equivalent. My mo- tives for retiiing, afterwards, are foreign to the pur- pose; let it suffice, that his majesty was pleased to approve of them.: they are such as no man can think indecent, who knows the shocks that repeated vicissi-^ tudes of heat and cold, of dangerous and sickly cli- mates, will give to the best constitutions, in a pretty long course of service. 1 resigned my regiment to Colonel Gisborne, a very good officer, for liis half Say, and 2001. Irish annuity : so that, according to imius, I have been bribed to say nothing more of the Manilla ransom, and to sacrifice those brave men, by the strange avarice of accepting 380Z. per annum, ami giving up 800/. ! if this be bribery, it is not the bribery of these times. As to my flattery, those who know me will jud^e of it. By the asperity of Junius's style, I cannot, mdeed, call him a flatterer, unless he can be as a cynic or mastiff: if he wags his tail, he will stil! growl and long to bite. The public will now judge of the credit that ought to be given to Junius's wri tings, from the falsities that he has insinuated witli respect to myself. WILLIAM DRAPER, LETTER V. To Sir William Draper, Knight of the Balk, Sir, February, 21, 1769^ I SHOULD justly be suspected of acting upon motive*^ of more thao coiumon enmity to Lord Granbyj if 1 b2- 83 JUNIUS. continned to give you fresh materials or occasion for writing in his defence. Individuals who hate, and the puolic who despise, have read yoiir letters, Sir William, with infinitely more satisfaction than mine. Unfortunately for him, his reputation, like that un- happy country to whicl) you refer me for his last mi- litary achievements, has suffered more by his friends than his enemies. In mercy to him, let us drop the subject. For my own part I willingly leave it to the public to determine, whether your vindication of your friend has been as able and judicious as it was cer- tainly well intended : and you, I think, may be satis- fied with the warm acknowledgments he already owes you, for making him the principal figure in a piece, in which, but for your amicable assistance, he might have passed without particular notice or distinction. In justice to your friends, let your future labours be confined to the care of your own reputation. Your declaration, that you are happy in seeing young noblemen come among us, is liable to two objections. With respect 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 made him richer ; and probal)ly at the ex- pense of some brave, deserving, friendless officer. The otlier concerns yourself. After selling the com- panions of your victoiy in one instance, and after selling your profession in the other, by what authori- ty do you presume to call yourself a soldier ! The plain evidence of facts is superior to all declarations. Before you were appointed to the 16th regiment, your complaints vvere a distress to government: from that moment you were silent. The conclusion is in- evitable. You insinuate to us, that your ill state of health obliged you to quit the service. The retire- ment necessary torepair a broken constitution, would have been as good a reason for not accepting, as for resigning, the command of a regiment. There is cer- tainly an error of the press, or an nffected obscurity in that paragraph, where you speiik of your bargain with Colonel Git^borne. Instf^ad of attempting to an- swer what I do not really understand, permit me to explain to the public what I really know. In ex- -M-AUgQ for your regiment, you accepted of a colonel's . JUNIUS. ^ half pay, (at least 220Z. a year) and an annuity of 200^ for your own and Lady Draper's life jointly. And is this the losing bargain, which you would rtpre- sent to us, as if you had given up an income of 8OOL a year for 380/. i' Was it decent, was it honourable, in a man who pretends to love the army, and calls himself a soldier, to make a traffi k of the royal fa- vour, and turn the highest honour of an active pro- fession into a sordid provision for himself and his family P It were unworthy of me to press you farther. The contempt with which the whole army heard of the manner of your retreat, assures me that, as your conduct was not justified by precedent, it will never be thought an example for imitation. The last and most important question remains. When you receive your half pay, do you or do you not, take a solemn oath, or sign a declaration upon your honour, to the following effect .f That you do not actually hold any place of piofit, civil or military, un- der his majesty. The charge which the question plainly conveys against you, is of so shocking a complexion, that I sincerely wish you may be able to answer it well ; not merely for the colour of your reputation, but for your own inward peace of mind. JUNIUS. LETTER VI. To Junius. Sir., February 27, 1769. I HAVE a very short answer for Junius's important question. I do not either take an oath or declare upon niy honour, that I have no place of profit, civil or military, vi^^fffi I receive the half pay as an Irish colonel. My most gracious sovereign gives it me a€ a pension : he was pleased to think I deserved it. The annuity of 200Z. Irish, and the equivalent for the half pay, together, produce no more than 380/. per annum, clear of fees and perquisites of office. I re- cpjve 167/. from my government at Yarmouth. Total 547/. per annum. My conscience i^ nuich at ease io these particulars ; my fricads Qced not blusii for me: 40 JUNIUS. Junius makes mncb and frequent use of interros^a- iiu?: they are arms that may be easily turned ag !! «* himself I could, by malicious interrogation, d;-. -jhthe peace of the most virtuous man in the kingdom. I couldtake the decalogue, andsaytoone man, Did you never steal p To the next, Did you never commit murder? And to Junius himself, wlio is putting; my life and^ conduct to the rack. Did you never " bear false witness against thy neighbour!'" Jufiius miist easily see, that, unless he affirms to the contiary, in his real name, some people, who maybe as ignorant of him as I am., will be apt to suspect hira of having deviated a little from the truth : there- ibre let Junius ask no more questions. Vou bite against a file : Cease, viper ! W. D. LETTER VII. To Sir William Draper, Knight of the Bath. Sn, MarchS, 17G9. An academical education has given you an unlimit- rd command over the most beautiful figuies of speech. Masks, hatchets, racks, and vipers, dance tlirough your letters in all the mazes of metaphorical confu- .«ion. These are the gloomy companions of a disturb- ed imagination: the melancholy madness of poetry, witl.o it the inspiration. 1 will not contend with you in joint of composition; you are a scholar. Sir Wil- liam; nnd, if I am truly informed, you write Latin with a i most as much purity as English. Suffer me then (for I am a plain unlettered man) to continue that style of interrogation which sui,ts my capacity, and to which, considering the readiness of y»mr answers, you ought to have no obji ctij||a. Even Mr. Bingley* promises to answer, if put torlie torture. Do yoii tiien reallv think, that if I were to ask a •most virtuous man, whether he ever commited theft * Tlis man being comiriitted by the Court of King's Bench for acf nL.^inpt, voluntarily marie oath, that he vould never answer iaterrogatories, unless he shovUd be put to the tor- JUNIUS. 4i or murder, it would disturb his peace of mind p Such a question might, perhaps, discompose the gravity of his iiitisck'S, but I believe it would little affect the tranquillity of his conscience. Examine your own •breast, Sir William, and you will discover, that re- proaches and inquiries have no power to afflict either the man of unblemished integrity, or the abandoned profligate. It is the middle compound character which alone is vulnerable; the man who, without firmness enough to avoid a dishonourable action, has feeling enougli to be ashamed of it. I thank you for tiie hint of the decalogue, and shall take an opportunity of applying it to some of your most virtuous friends, in both houses of parliament. You seem to have dropped the affair of your regi* ment ; so let it rest. AVhen you are appointed to ano- ther, I dare say you will not sell it either for a gross Bum, or for an annuity upon lives. I am truly glad (for really, Sir William, I am not your enemj'', nor did I begin tins contest with you) that you have been able to dear yourself of a crime, though at the expense of the highest indiscretion. You say that j'our half pay was given you by way of pension. I will not dwell upon the singularity of uniting in your own person two sorts of provision, which in their own nature, and in all military and parliamentary views, are incompatible; but I call upon you to justify that declaration, wherein )'0U charge your sovereign with having done an act ia your favour notoriously against law. The half pay, botli in Ireland and England, is appropriated by par- liament; and if it be given to persons who, like you, are legally incapable of holding it, it is a breach of law. It would have been more decent in you to have called this dishonourable transaction by its true name ; a job, to accommodate two persons, by particular in- terest and management at the castle. What sense must government liave had of your services, when the rewards they have given you are only a disgrace to you. And now, Sir William, I sliall take my l&ave of you for ever. Motives very different from any apprehen- sion ofyour resentment, make it impossible you should ever know me. In truth you have some reason to hold yourself indebted to me. From the lessons I have gi- 42 JUNIUS. ven you, you may collect a profitable instruction for your future life. They will either teach you so to regulate your future conduct, as to be able to set the most malicious inquiries at defiance; or if that be a lost hope, they will teach you prudence enough, not to attract the public attention to a cliaracter which •will only pass without censure when it passes without observation.* JUNIUS. LETTER VIII. To the Duke of Grafton. a:Y LORD, March 18, 1769, Before you were placed at the head of afTiirs, it had been a maxim of the English government, not unwillingly admitted by the people, that every un- gracious or severe exertion of the prerogative should bo placed to the account of the minister; but, that whenever an act of grace or benevolence was to be performed, the whole merit of it should be attributed * It has been said, I believe truli/, that it mas signijicd to Sir IVilliam Draper, as the request of Lord Granby, that he should desist from rvriiivg in his lordship^s difencc. Sir William Draper certainli/ drew Jamas forward to say wore of Lord Oranby^s character than he originally intended. He was redu- ced to the dilemma, of eit'ier being totally silenced, or of sup- porting his first letter. Whether Sir WiUiam had a right to re- duce him to this dilemma, or to call upon himfor /u'.? name, after a voluntary attack on his side, are questions submitted to the candour of the public. The death of Lord Granby was lament- ed by Junius. He undoubtedly owed some compensations to the public, and seemed determined to acquit him sef of them. In ■private life, he was u questionably that good man, who, for the ' interest of his country, ought to have been a great 07ie. Ronum ■virum/dcile <1ixeris ; magnum libenter I speak of him now mithovt partiidity ; I never spoke of him with resentment. His mistakes, in public conduct., did not arise either from want of sentiment, or want (f judgment, but, in general, from the diffi- culty of saying no to the bad people who surrounded him. As for the rest, the friends (f Lord Granby should remember, that he himself thought proper to condemn, retract, and disa- vow, by a most solemn (hclaralion, In the House of Commons, that very system of political conduct which Juniu3 had hdi forth to ihc disapprobation t/fAc publie, JUNIUS. 43 lo the sovereign himself.* It was a wise doctrine, my lord, and equally advantageous to the king and his subjects; for while it preserved that suspicious atten- tion with which the people ought always to examine the conduct of ministers, it tended, at the same time, rather to increase than diminish their attacliment to the person of their sovereign. If there be not a fata- lity attending every measure you are concerned in, by what treachery, or by what excess of folly, has it happened, that those ungracious acts whicti have dis- tinguished your administration, and which, I doubt not, were entirely your own, should carry with them a strong appearance of personal interest, and even of personal enmity, in a quarter where no sucli interest or enmity can be supposed to exist, without the highest injustice and the highest dishonour;^ On the other hand, by what judicious management have you con- trived it, that the only act-of mercy to which yoti ever advised your sovereign, far irom adding to the lustre of a cliaracter truly gracious and benevolent, should be received with universal disapprobation and disgust? I shall consider it as a ministerial measure, because it is an odious one; and as your measure, my Lord Duke, because yon are the minister. As long as the trial of tliis chairman was depend- ing, it was natural enough that government should give him every possible encouragement and support. The hoHourable service for which he was hired, and the spirit with which he performed it, made common cause between your grace and liim. The minister, who, by a secret corruption, invades the freedom of elections, and the ruffian, who by open violence, de- stroys that freedom, are embarked in the same bot- tom: they have the same interests, and mutually feel for each other. To do justice to your grace's human- ity, you felt for M'Quirk as you ought to do; and if you had been contented to assi^t him indirectly, without a notorious denial of justice, or openly in- sulting the sense of the nation, you might have satis- fied every duty of political friendship, without com- mitting the honour of your sovereign, or hazarding the reputation of his government. But when this * Les rois ne se sont rtstrvese que les grace f. Us ranvoiiftt ks condaninaticns vers Icvrs offickrs. Montesquieu. 44 JU.YIUS. unhappy man had been solemnly tried, convicted, and condemned ; when it appeared that he had been frequently employed in the same services, and that no excuse for him could be drawn, either from the innocence of his former life, or the simplicity of his character; was it not hazarding too much, to inter pose the strength of the prerogative between this felon and the justice of the country p* You ought to have known that an example of this sort was never 30 necessary as at present; and certainly you must * fVkitf.hall, March 11,1 769. His mnjesty has been gracious- hi pleased to extend his royal merci/ to Edward ]\t Quirk, found guilty of the murder oj George Clarke, as appears by his royal warrant, to thr tenor following : GEORGE R. Whtrcas a doubt has arisen in our royal breast cx)nce.rning the evidence of the death of George Clarke, from the represen- tations of William Broo7>iJicld, Esq. surgeon, and Solomon Starling, apothecary: both qfrnhom-, as it has been represented' io us, attended the deceased before his death, and expressed their opinions, that he did not die of the blow he received at Brentford : And whereas it appears to us, that neither of the said persons rvere produced as witnesses upon the trial, though ike said Holomon ^-tarling had been examined before the coro- ner ; and the only person called to prove that the death of the said George Clarke was occasioned by the said blow, ?vas John Foot, surgeon, who never saw the deceased till after his death : We thought, thereupon, to refer the said representations, toge- ther with the report of the recorder of our city of London, of the evidence given by Richard and WiUiam Beale and the said John Foot, on the trial of Edward Quirk, otherwise called Ed- ward Kirk, otherwise called Edward M-Quirk, for the mtirder of the said Clarke, to the master, wardens, and the rest of the court of examiners of the surgeons'' company , commanding them likewise to take such further examination of the said persons, so representing, and of said John Foot, as they might think ne- cessary, together with the premises above mentioned, inform end report to us their opinions, " Whether it did or did not ap- pear to t.'tem, that the said George Clarke dud in consequence of the blmv he received in the riot at Brentford on the Bth of December last.'''' And the said court of examiners of the sur- gemis'' company having thereupon reported to us their opinion, — ♦' That it didnot appear to them that he did.''^ We have thought f roper to extend our royal mercy to him, the said Edward Quirk, otherwise Edward Kirk, otherwise called Edward M'Quirk, and to grant him our free pardon for the muderer of the said George Clarke, of which he has beenfomid guilty. Our will and pleasure, therefore, is, That he, iht said Edward Mrk, othcrrvisc called Edward M'Quirkj ie inserted, for the JUNIUS. 45 liavc known, that the lot could not have fallen upon a more guilty object. What system of government is this? Vou are t:erpetually complaining of the riot- ous disposition of the lower class of people : yet, when the laws have given you the means of making an ex- ample in every sense unexceptionable, and by far the most likely to awe the multitude, you pardon the of- fence, and are not ashamed to give the sanction of government to the riots you complain of, and even to future murderers. Yon are partial, perhaps, to the military mode of execution ! and had rather see a score of these wretches butchered by the guards, than one of them suffer death by regr.Iar course of law. How does it happen, my lord, that in your hands, even the mercy of the prerogative is cruelty and op- pression to the subject p The measure, it seems, was so extraordinary, that you tl)Ouglit it necessary to give some reasons for it to the public. Let them be fairly examined. 1. You s.iy, that Messrs. Broomficld and Starling rvcre 7iat examined at M''Quirk''s trial. I will tell your grace iv hy they were not. They must have been rx- amined upon oath; and it was foreseen, that their evidence would either not benefit, or might be preju- dicial to the prisoni^r. Otherwise, is it conceivable that his counsel should neglect to call in such material evidence? 2. You say, tliat Mr. Foot did not see the deceased until after his death. A surgeon, my lord, mu>;t know Vfry little of his profession, if, upon examining a viound or a contusion, he cannot determine whether It was mortal or not. While the party is alive, a Furgeon will be cautious of pronouncing; whereas, by the death of the patient, he is enabled to consider said 1)1 urder, in our first and 7uxt Sicntral pardon that skalt eomt out for the poor convicts ofNtivgate, n-ilhout any con- dition nhatsotver; a:id fhat, in the mean time, you take ttail for his appearance, in order to plead our said pardon. \Jnd for so doi'igt'iis shaU be your warrant. Given at our covrt at it. James's, the tenth day cf March, ITG'J, in the ninth if car of our reign. B>/ His Mnjestfs command, ROCHFOR D. To our trust}) and well- bi'loved Jamtt Ejire, Esq. Recorder of our city of London, the Sheriff's of our said city and county of MiddUscx, and nil Oiliers whom it 7nay concern. 46 JUNIUS. both cause and effect in one view, and to speak with a ceit:\inty confirmed by experience. 3. Yet we ire to thank yoiir j'ace for the establish- ment of a nv-^w t ! ib;inal. Your inguisitio post mortem is unknown to the Jaws of England, and does honour to your invention. Tl'.e only material objection to it is!, that ir Mr, Foot's evidence was insufficieDt, because lie did not examine the wound till after the death of the party, much less can a negative opinion, given by gentlemen who never saw the body of Mr, Clarke, either before or after his decease, authorize you to supersede the verdict of a jury, and the sentence of the law. Now, my lord, let me ask you, Has it never occur- red to your grace, while you were withdrawing this^ desperate wretch fVom that justice which the laws had awarded, and \?lucli the whole people of England de- manded ag.ninst him, that there is another man, who is the favourite of his country, whose pardon would liave been accepted with gratitude, whose pardon v.'onld have healed all our divii^ions ? 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 p These are questions you will not answer, nor is it necessary. The character of your private life, and the uniform tenor of your public conduct, is au an- swer to them all. JUNIUS. LETTER IX. To Aw Grace the Duke of Grafton. MY LORD, April 10, 176*. I HAVE so good an opinion of your grace's discern- ment, that when the author of the vindication of your conduct assures us, that he writes from his own mere motion, without the least authority from your grace, 1 should be ready enough to believe him, but for one fatal mark, which seems to be fixed upon every mea- sure in which either your personal or political cha- racter is concerned. Your first attempt to support Sir William Proctor ended in the election of Mr. Wilkes, the second insured succe.i?s to Mr. GlynUe JUNfUS. 47 The extraortttnnry stop yon took to make Sir James l^owtljer lord paramovnt of Cmiib ilaiid, has mired liis interf'st in tliat county for ever. Tlie House List of Directors was cir^ed with llie conciirrence n" go- vernineiit; and even the miserable DingUy* could not escape tl»e misfortune of your grace's protection. With U>is uniform experience before iis, we are au- thorized to pugpect, that, when a prett^nded vindica- tion of your princi.sles and convhict, in reality, contains the bitterest reflections r.pon both, it could not have been written witliont your iinniedtxte direction and assistance. Tne author, indeed, calls God to witness for him, witli all t!ie sincerity, and in the very terms of an Iri^h evidence, to the best of his knmiedge and htlitf. My lord, you should not encourage tliese appeals to heaven. The pious prince from whom you are s\ipposed to dt-^cend, made such frequent use of them in his public declarations, that, at last, the people also found it necessary to appeal to heaven in their turn. Your administration has driven us into circumstances of equal distress: beware, at least, how you remind us of the remedy. You have already much to answer for. You have provoked this unlrappy gentleman to play the fool once more in public life, in spite of his years and in- firmitips; and to show >!s, tliat, as you yourself are a singiibr instance of youth without spirit, the man who delends you is a no less remarkable example of age without the benefit of experience. To follow such a •writer, minutely, would, like his own periods, be labour without end. The subject too has been alrea- dy discussed, and is sufficiently understood. I cannot help observing, however, that when the pardon of M'Quirk was the principal charge against you, it would have been but a decent compliment to your grace's understanding, to have defended you upon your own principles What credit does a man de- serve, who tells us plainly, that the facts set forth in the king's proclamation were not the true motives on * This unfortunate person had been persuaded by the Duke of Grafton to set up for Middlesex, bis gra;:e being determined to seat him in the Houseof Commons, if he had but a single vote. It happened, unluckily, that he could 1 not prevail upoo aoy one freeholder to put him in nomina- tion. 48 JUNIUS. which the pardon was granted ? And that he wishes that those chirurgical reports, which first gave occa-» sion to certain douhts in the royal breast, had not been laid before his majesty? Yoii see, my lord, that even your friends cannot defend your actions, without changing your principles; nor 'justify a deliberate measure of_ government, without contradicting the main assertion on whi«'h it was founded. The conviction of M'Quirk had reduced you to a dilemma in which it was hardly possible for you to reconcile your political interest with your duty. You were obliged either to abandon an active, useful partisan, or to protect a felon from pubiic justice. With your usual spirit, you preferred your interest to every other consideration; and, with your usual judgment, you founded your determination upon the only motives which should not have been given to the public. I have frpquently censured Mr. Wilkes's conduct, yet your advocate reproaches me with having devo- ted myself to the service of sedition. Your grace can best inform us for which of Mr. Wilkes's good quali- ties you first honoured him witli your fiiendsliip ; or how long it was before you discovered those bad ones in him, at which, it seems, your delicacy was offend- ed. Remcriiber, my Lord, that you continued your connexion with Mr. Wilkes, long after he had been convicted of those crimes, which you have since ta- ken pains to represent in the blackest coloiu's of blas- phemy and treason. How unlucky it is, that the first in.stance you have given us of a .scrupulous regard to decorum, is united with a breach of a moral obliga- tion ! For my ov/n part, my lord, I am proud to affirm, that if I had been weak enough to form such a friendship, I would never have been base enough to !)etray it. But let Mr. Vnikes's character be what it may, this, at least, is certain, that, circumstanced as he is, with regard to the public, even his vices plead for birn. The people of England have too much dii3- cernment to sufTei your grace to take advantage of the failings of a private character, to est-iblish a pre- cedent by which t'le public liberty is affected, antl which you may hereafter, with «;quHl ease and satis- ' faction, employ to the ruin of the best men in the Jiingdom. Contejit yourself, my lord, with the maa/".^ JUNIUS. 49 advantages which tlie unsullied purity of your own character has given you over your unhappy, deserted friend. Avail yourself of all the unforgiving piety of the court you live in, and bless God that " you are not as other men are: extortioners, unjust, adulterers, or even as this publican." In a heart void of feeling, the laws of honour and good faith may be violated with im;)unity, and there you may safely indulge your genius. But the laws of England shall not be violated, even by your holy zeal to oppress a sinner ; and, though you have succeeded in making him a fool, vou shall not make him the victim of your am- bition. JUNIUS. LETTER X. To Mr. Edward Weston. SIR, April 21, 1769. J SAID you were an old man without the benefit of experience. It seems you are also a vohmteer, with the stipend of twenty commissions; and at a period when all prospects are at an end, you are still looking forward to rewards which you cannot enjoy. No man is better acquainted with the bounty of government than you are. Ton impudence^ Temeraire vieillard, aura sa recompense. ^ But I will not descend to an altercation either with the impotence of your age, or the peevishness of your diseases. Your pamphlet, ingenious asit is, has been so little read, that the public cannot know how far you have a right to give me the lie, without the fol- lowing citation of your own words : _ Page 6th. " 1. That he is persuaded that the mo- tives which he (Mr. Weston) has alleged, must ap- pear fully sufficient, with or without the opinions of the surgeons. '* 2. That those very motives must have been the foundation on which the Earl of Rochford thought proper, kc " 3. That he canmt but regret, that the Earl of Rochford seems to bare thought proper to lay tbe 50 JUINIITS. chiriirgical reports before the King, in preference to all the other siiffi' ietit motives," ac. Let the public deternnne whether this be defending government on their principles or your own. T.'ie style an;l language you have adopted arc, I confess, not ill suited to the elegance of your own manners, or to the dignity of the cause you have un- dertaken. Every common dauber ^vrites rascal and villain under hi" pictures, because the pictures th'^m- selves have neither character nor resemblance. But the works of a master require no index; his features and colouring are taken from nattne ; the impression they make is immediate and uniform : nor is it possi- ble to mistake his character, whether they represent the treachery of a Minister, or the abused simplicity ©fa King. JUNIUS; LETTER XI. To his Grace ike Duke of Grafton. JUT lORD, April 24; 1769, The system yon seemed to have adopted when Lord Chatham unexpectedly left you at the head of affairs, gave us no promise of that uncommon exertion of vigour which has since illustrated your character, and distinguished your administration. Far from discovering a «pirit bold enough to invade the first rights of the people, and the (i' st principles of t\n^ con- stitution, you were scrupulous of exercising even those powers with wiiich the executive branch of the legis- lature is legally invested. We have not yet forgot^ ten how long Mr. Wilkes was suffered to appear at large, nor how long he was at liberty to canvass for the city and county, with all the terrors of an out- lawry hanging over him. Our gracious Sovereign has not yet forgotten the extraordinary care you took of his dignity, and of the safety of his person, M'hen^ at a crisis which courtiers affected to call alarming, yon left the metropolis exposed, for two niglits together, to every species of riot and disorder. The security of the royal residence from insult was then sufficient- }y providedi for in Mr, Conway's firmnessj and Lord JUNIUS. 5T : Weymouth's discretion ; while the Prime Minister of Greit Britain, in a rural retiic^ment, and in the arms ; of faded beauty, had lost ail memory of hi>s Sovereign, his country, and himself. In these instances you I might have acted with vigour, for you would have : had the sanction of the laws to support you. The •friends of government might have defended you with- lout shame ; and moderate men, who wish well to the ■ peace and good order of society, might have had a preteiice for applauding your conduct. But these, it iseems, were not occasions worthy ofyour Grace's in- iterposition. You reserved the proofs o£ your intre- pid spirit for trials of greater hazard and importance j :and now, as if the most disgraceful relaxation of the executive authority had givi-n you a claim of credit to indulge in excesses still more dangerous, you seem determined to compensate amply for your former neg- ligence, and to balance the non-execution of the lav/s with a breach of the constitution. From one extreme you suddenly start to tlie other, without leaving, be- tween the weakness and the fury of the passions, one moment's interval for the firmness of^he understand- ing.^ These observations, general as they are, raight [easily be extended into a faithful history of youf •Grace's administration, and perhaps may betheem- iployment of a future hour. But the business of the ipresent mom; nt will not suffer me to look back to a iseries of events which cease to be interesting or im- ;portant, because they are succeeded by a measure so •singularly daring, that it excites all our attention, :and engrosses all our resentment. • Your patronage of Mr. Luttreil has been crowned ■with success. AVith this precedent before you, with the principles on which it was established, and with a •ftjture House of Commons, perhaps less virtuous than •the piesent, every county in England, under the au- spices of the treasury, may be represented as com- pletely as the county of Middlesex. Posterity will be indebted to yoiir Grace for not contenting yourself ,with a temporary expedient, but entailing upon them the immediate Weiungs of your administration. ■Boroughs were a^ady too much at the mercy of government. Counties could neither be purchased nor iatiiuidatedi But their goleom deterioufl^d elcc- 52 JUNIUS. tion may be rejected ; and the man they detest i be appointed hv another choice to represent thei Parliament. Yet it is admitted, that the She obeyed the laws, and performed their duty.* Th< turn they made must have been legal and valid, undoubtedly they would have been censured for n ing it. With every good natiired allowance for y Grace's youth and inexperience, there are s( things which you cannot but know. Yon cannot know, that the right of tlie freeholders to adhen their choice (even supposing it improperly exerl was as clear and indisputable as that of the Housi Commons to exclude one of their own members. 1 is it possible for you not to see the wide dista there is between the negative power of rejecting < man, and the positive power of appointing anott The right of expulsion, in the most favourable ser is no more tl)an the custom of Parliament. Tlie tU of election is the very essence of the constitution, violate that right, and much more to transfer it any other set of men, is a stepleading imraedi^tely the dissolution of all governmpnt. So far forth ai operates, it constitutes a House of Commons wh; does not represent the people. A Hous? of Comm( so formed would involve a contradiction, and t grossest confusion of ideas ; but there are some Mi sters, my Lord, whose views can only^ he answff by reconciling absurdities, and making the sai proposition, which is false and absurd in argumei true in fact. This measure, my Lord, is, however, attended wi one consequence favourable to the people, whicl am persuaded you did not foresee. f While the co test lay between the Ministry and Mr. Wilkes, I situation and private character gave you advantag over him, which common candour, if not the memo) of your former friendship, should have forbidden yi to make use of. To religious men, yon had an o portuuity of exaggerating the irregularities of li past life ; to moderate men, you held forth the pern * Sir Fletcher Norton, when it jras proposed topuni- the SheritTs, declared to the Hoiis€»ft|ominon.s, tliat the. in returning Mr. Wilkes, had done'no more than their dut; t The reader is d«sir«d to mark this proph«cy. JUNIUS. 5S :OBSequeRces of faction. Men, who, with this ctor, looked no ftrther than to the object before , were not dissatisfied at seeing Mr. Wilkes ex- -fl from Parliament. Voii have now taken care t the question ; or, rather, yoi^ave created a ne, in which Mr. Wilkes is nolnore concerned my other Eno;]ish gentleman, ^u have unit- i country against yon on one grand constitution- it, on tlie decision of which our existence, as a !0plp, absolutely depends. You have asserted, words, but in fact, that the representation in ment does not depend upon the choice of the Idcrs. If such a case can possibly happen once, • happen frequent ly: it may happen always: three hundred vote«, hy any mode of reasoning ver, can prevail against twelve hundred, the reasoning -would equally have given Mr, Lut- is seat with ten votes, or even with one. The ut-ncesof this attack upon tiie constitution are lin ,nd palpable not to alarm the dullest appre- a. I trust you will find that the people of Eng- re neither deficient in spiritnor understanding; I you have treated them as if tliey had neither' feel, nor spirit to resent. We have reaeon to God, and our ancestors, that there never yet Minister in this country who could stand the fsuch a conflict; and, with every prejudice in of your intentions, I see no such aibiiities in trace, as should enable you to succeed in an i-e, in which the ablest and basest of your pre- irs have found their destruction. You may je to deceive your gracious master with false •ntations of the temper and condition of his g. You may command a venal vote, because ■ common established appendage of your office. IT hope that the freeholders will make a tame • r of their rights; or, that an English army ii with you in overturning the liberties of their •. They know, -that tlieir first duty, as clti- paramount to all subsequent engagements : 1 they prefer the discipline, or even the ho- of their profession, to those sacred original vhich belonged to them before they were sol- nd which they claim and possess as the birth- Englishmen. ^4 JUNIUS. Return, my Lord, before it be,too]ate, to that easjr, ins pid .system which you first set out with. Take back your mistress.* The name of friend may be fa- tal to her, for it leads to treachery and persecution. Indulge ihepeqiyie. Attend IN ew market. Mr. JLut- trell may ag^ vacate his seat; and Mr. Wilkes, if not persecuted, will soon be forgotten. To be weak and inactive, is saft^r than to be daring and criminal; and wide is the distance between a riot of the popu- lace and a convulsion of the whole kingdom. You may live to make the exp'^rirnent, but no honest man can wi-b you should survive it. JUNIUS. LETTER X5I. To his Grace the Duke of Grafton. m LORD, May 30, 1769,. If the measures in which you have been most sue-, ee-jsful had been supported by any tolerable appear- ance of argument, I should have thought my time not ill employed in continuing to examine your conduct as a Minister, and stating it fairly to the public. Buts when I see questions of the highest national impor- tance carried as they have been, and the first pnnci-j pies of the constitution opealy violated, without argu-^ inent or decency, I confess i give up the cause in de-J epair. The meanest of your predecessors had aD»'»"e% sufficientto give a colour to their measures. It they? invaded the rights of the people, they did not dare to ofFe'- a direct insult to their understanding; and, in former times, the most venal Parliaments made it £ condition in their bargain with the Mlul^ter, that ht should furnish them with some plausible pretences toi sellino- tlieir country and themselves. \ ou have hac the n^erit of introducing a more compendious systen of government and logic. You neither address your «elf to the passions, nor to the understanding, butsim * The Duke, about this time, had separated himself frcw Anne Parsons; but proposed to continue^ united with he en bouie Platonic terms of friendship, ^vhich she rejeetes Tvith contempt. His baseless to ttis Tfoman IS beyond.® •ferii'tioas or belief, JUNIUS. 55 ply to the touch. Yoii apply yourself immediately to thr feelings of your friends; who, contrary to the forms of Parliament, never enter heartily into a de- bate until thi^y have divided. Relinquishioff, therefore, ail idle views of amend' nient to yo.ir Grace, or of benefit to the public, let me be permitted to consider your character and conduct, merely '^s a subject of ci.rious speculation. There is something in both which distinguishes you, not only fiom •ill other Ministers, but ali'other men. It is not that you do wrong by design, but that you should never do ri^jht by mistake. It is not thit your indo- lence and your activity haveheen equally misapplied, but t rat the first uniform [irinciple, or, if 1 may call it, the g^■nias of 3'our life, should have carried you tiirt)ugh every possible change and contradiction of conduct, without the momentiry imputation or colour of a virtue; and that the wildest spirit of inconsisten- cy should never have once betrayed you into a wise or honourable action. Thi^-, I own, gives an lir of sin>iularity to your fortune, as well as to your disposi- tion. Let us look back, together, to a scene, in which a mind like yours will find nottiing to repent ol. Let us try, my Lord, how well you have supported the various relations in which yo.; stoossible, some excuse to posterity, jind to ourselves, for submitting to your adnjinistra- tioii. If not the abilities of a great Mini.^er, if not the integrity of a p-^tri.it, or the fidelity of a friend, ehow lis, at least, !he Brmnessof a man. For the sake of your mistress, the lover shall be spared. I «ill not lead her into public as you have done; nor will ( in- BuU the memory of de^iarted beauty. Her sex, which 'alone made her iraiable in your eyes, makes her re- ' Bijectable in mine ■ ' Thech'iracter of the reputed ancestors ofsorae men, ' has made it possible for their descendants to be vicious ' "in the extreme, without bemg degenerate. Those of ^your Grace, for instance, left nodi-tressing examples of virtue evi^n to their legitim -te posterity : and you 'may look back with pleasure to an illustrious pedi- ^grce, in whicb le.Taldry has not left i single good J;qiHlity upon record to insult or U' braid you. You Dave better proofs of 7our descent, my. Lord, than Ux$ m. JUNIUS. register of a marriage, or any tronnlesomc inlierltan of reputation. There are some hereditary strokes ^ character, by which a family may be as clearly d' tinguished, as by the blackest features of the humi face. Charles the First lived and died a hypocrit Charles the Second was a hypocrite of another so; and should have died upon the same scaffold. At t distance of a century, we see their different charactf happily revived and blended in your Grace. SuU and severe, without religion, profligate without ga ty, you live like Charles the Second, without bei an amiable companion ; and, for aught I know, m die as his father did, without the reputation of a m tjr. You had already taken your degrees with credit, those schools in which the English nobility are foi ed to virtue, when you were introduced to Lord Ch ham's protection.* From New-market, White's,? the opposition, he gave you to the world with ao of popularity, which young men usually set out w and seldom preserve: grave and plausible enougl be thought fit for business ; too young for treache and, in short, a patriot of no unpromising expei tions. Lord Chatham was the earliest object of y political wonder and attachment; yet you deser him, upon the first liopes that offeied of an unec share of power with Lord Rockingham. When late Duke of Cumberland's first negotiation fai and when the favourite was pushed to the last tremity, you saved him, by joining with an adra tration, in which Lord Chatham had refused tc gage. Still, however, he was your friend : and are yet to explain to the world, why you conse; to act without him ; or why, after uniting with I Rockingham, you deserted and betrayed him. complained, that no measures^ were taken to sa your patron ; and that your friend, Mr. Wilkes, had suffered so much for the party, had been a donfd to his fate. They hTve since contributed a little, to your present plenitude of power; y think, Lord Chatham has less reason than ever* satisfied : and as fo.r Mr. Wilkes, it is, perhaps * To understand these passasies, the reader is referi asoteU patnjphlit, called, thf. Shtory of the Minoritif., JUNIUS. 51 g; eatest misfortune of his life, that you should have so ninny compensations to make in the closet for your former friendship with him. Your gracious master understands your character, and makes you a perse- cutor hecause you have been a friend. Lord Chatliam formed his last administration upon principles wtiich you certainly concuired in, or you could never have been placed^at the head of the trea- sury. By desortina: those principles, and by acting in direct contradiction to them, in which he found you were secretly supported in tlie closet, ycuj soon forced him to le^ve you to yourself, and to wiftidraw his name from an adminij^tralion which had been formed on the credit of it. You had then a prospect of friendships better suited to your genius, and more likely to tix your disposition. Marriage is the point on which every rike is stationary at last; and truly, my Lord, ynu may well be weiry of tiie circuit you have taken; for you have now fairly travelled through every sign in the political zodiac, from the scorpion, in wliich you stung Lord Chatham, to the hopes of a virgin* in the house of Bloomsbiiry. One would think tliat you had sufTicient i-xperience of the frailty of nuptial engagements, or, at least, that such a fri'^nd- sbip, astlie Duke ot Bedford's, might have b^en secur- ed to you by the auspicious marriage of your late Duchessf with his nephew. But ties of this tf nder na- ture cannot be drawn too clost^ ; and it may possibly be a part of the Duke of Bedford's ambition, after making her an honest woman, to work a miracle of the same sort upon your Grace. This worthy nobleman has long dealt in virtue; there has been a large con- sumption of it in his own family; and, in the way of trafRck, I dare say he has bought and sold more than half the representative integrity of the nation. In a political view, tliis union Is not imprudent. The favour of princes is a perishable cominodity. You have now a strength sufficient to command t!ie closet, and if it be necessary to betray one friendship more, you may set even Lord Bute at defiance. Mr, * His Grace had lately mairied Misa Wrottesly, niece of the good Gertrvde, Duchess of Bedford. t Mias Lifjdel, after ber divorce from the Duke, marriqd hord l/pper Owory. tiH JUNIUS. Stewart M'Kenzie may possibly remember wliat we the Duke of Bedford usually makes of his power; and our gracious Sovereign, 1 doubt not, rejoices at this first appearance of union among his servants. His late JVLijesty, under the happy influence of a family connexion between his ministers, was relieved from the cares of the government. A more active prince may, perhaps, observe with suspicion, by what degrees an artlul servant grows upon his master, from the first unlimited professions of duty and attachment, to the painful representation of the necessity of the royal scrviof , and soon, in regular progression, to the humble insolency of dictating in all the obsequious forms of peremptory submission. The interval is carefully employed in forming connexions, creating interest, collecting a party, and laying the foundalion of double marriages ; until the deluded prince, who thought he had found a creature prostituted to his service, and in- significant enough to be always dependant upon his pleasure, finds liim, at last, too strong to be command- ed, and too formidable to be removed, Your Grace's pul)]ic conduct, as a Minister, is but the counterpart of your pi ivate history ; the same inconsistency, the same contradictions. In America we trace you, from the first opposition to the stamp acton principles of convenience, to Mr Pitt'ssurren- der of the right; then forward to Lord Rockingham's surrender of tlie fact; then back again to Lord Rock- ingham's declaration of the right; then forward to taxation with Mr. Townshend ; and, in the last in- stance, from the gentle Conway's undetermined dis- cretion, to blood and compulsion with the Duke of Bedford; yet, if we may believe tlie simplicity of Lord Nortli's eloquence, at the opening of tlie next session, you are once more to be the patron of America. Is this the wi>dom of a great Minister , or is it the ominous vibration of a pendulum; had you no opinion of your own, my Lordp Or was it the gratification of betraying every party with which you have been miited, and of deserting every political principle in which you had concurred? Your enemies may turn their eyes without regret from this admirable system of provincial government. They will find gratification enough in the survey ©f your domestic and foreign policy. JUNItJS. 59 If, instead of disowning Loid Shelhirne, the British court had interposed with dignity and firmness, yoa know, my Lord, thai Coisica would never liavebeea Invaded. The French saw tlie weakness o* a dia« Iracted ministry, and were justified in treating you with contempt. They would probably have yielded, in the first instance, rather than hazard a uipture ■with this country; but, being; once engaged, the7 cannot retreat without dishonour. Common sense fore- sees consequences wliich have escaped your Grace's penetration. Either we suffer the French to make an acquisition, the importance of which yon iiave probibly no conception of, or we oppose them by an underhand management, which only di-^graces us in the eyes of Europe, without answering any purpose of poUcy or prudence. From secret, indirect as- sistance, a transition to some more open, decisive measures, becomes unavoidable; till, at last, we find ourselves principal in the war, and are obliged to Iia^ard every thing for an object which might have originally been obtained wilhout exjiense or danger. 1 am not versed in the pohtics of the north ; but this, ' I believe, is certain, that half the mnney you have distributed to carry the expulsion of Mr. Wilkes, or even your secretary's share in the last subscription, would have kept the Turks at your devotion. Was iteconomy, my Lordp Or, did the coy resistance you have constantly met wjtli in tlie British senate, make j'ou despair of corrupting the divan P Your friends, itideed, have the first claim upon your bounty :J)ut if 500l. a year can be spared in pension to Sir Joha Moore, it would not have disgraced yon to have al- lowed something to the secret service of the public. You will say, perhaps, that the situation of affairs at home demanded and engrossed the whole of your attention. Here, I confess, you have been active. An amiable, accomplished p; ince, ascends the throne under the happiest of all auspices, the aeclamationi and united affections of his subjects. The first mea- sures of his reign, and even the odium of a fevourite, were not able to sh.ike tiieir attachment. Fowr ser- vices, my Lord, have been more successful. Since you were permitted to take the lead, we have seen the natural effects of a system of government at once both odious and centemptible. We have seen the m JUNIUS. laws sometimes scandalously relaxed, sometimes vio- lently stretched, beyond their tone. We have seen the person of the Sovereign insulted ', and, in pro- found peace, and with an undisputed title, the fidelity of his subjects! brought by liis ow^n servants into pub- lic question.* Without abilities, resolution, or inte- rest, you have done more tlian Lord Bute could ac- i:omplish, with all Scotland at his heels. Your Grace, little anxious, perhaps, either for pre- sent or future reputation, will not desire to be handed down in these colours to posterity. You have reason to flatter yourself, that the memory of your adminis- tration will survive even the forms of a constitution, which our ancestors vainly hoped would be immortal ; and, as for your personal character, I will not, for the honour of human nature, suppose that you can wish to have it remembered The condition of the present times is desperate indeed; but there is a debt due to those who come after us ; and it is the historian's of- fice to puni^li, though he cannot correct. 1 do not give you to posterity, as a pattern to imitate, but as an example to deter; and as your conduct compre- liends every thing that a wise or honest Minister should avoid, I mean to make you a negative ifl- struction to your suteessors lor ever. JUJNIUS. LETTER XI U. Addressed to the Printer of the Public Advertiser. ■ii.H, June 12, 1769. The Dulce of Grafton's friends not findina; it convex iiieut to enter into a content witii ./Mmiis,'are now reduced to tl)e last melancholy resource of defeated argument, the flat general charge of srunvility and falsehood. As for his style, I shall leave it to tlie critics. The truth of his facts is of more importance * The wise Duke aliout this time exerter] all the influence of government to procure addresses to satisfy the Kin,2 of the fidelity of his subjects They came in very thick from Scotland: hut after tijc appeaiancc of this letter, vc heard si» tHore of theiB, jT?rfius. cr to the public. They areof such a naturethat I think a hnre contnilirtion will have no weight with yny mi') w',:oj dg. ;< .or hitnself. Let us take them in the ordf-r in whicii they anpear io his last letter 1. H ivf not thp first riglits o* the people, and the first (.iiiin.'i:,lps o! the constitution, been openly inva- ded, tin^the very name of an election made ridicu- lous, by the irhitrary api-'ointment of Mr. Luttrell? 2. Uid nni the Duke of Gralton frequently lead his mistiess*into puhlic, and even place her at the head of his table, as i* he liad pulled down an ancient tem()le oi ieniis, and could bury all decency and shame nndcr the ruins p Is this the man who dares to talk oi" 'vlr. Wilkes's morals. 3. Is not the character of his presumptive ancestors as strongly marked in him, as if he had descended from them in a direct legitimate line ? The idea of his death is only prophetic ; and what is prophecy but a narra- tive preceding the factp 4. Was not Lord Chatham the first who raised hiin ■ to tlie rank and post of a Minister, and the first whom he abandoned ? 5. Did he not join with Lord Rockingham, and betray liim? 6. Wps he not the bosom friend of Mr. Wilkes, ■wh.)m he now pursues to destruction i' 7. Did he not take his degree,? with credit at New- market, White'-*, and the opposition ? 8. After deserting Lord Chatham's principles, and eairiticing his frif ndship, is he not now closely united with a set of men, who, though they have occasional- ly joined with all parties, have, in every different fiiruition, and at all times, been equally and con- stantly dete.^ted by this country p 9. Has not Sii John Moore a pension of five hun-- dred pounds a yearp This may probably be an ac-' quittance of favonr upon thf» turf; but is it possible ■ for a Minister to offer a grosser outrage to a nation, •which has so very Uitely cleired away the begg.iry of the civil list, at the expense of moie than half a* million p 10. Is there any one mode of thinking or aclingjS with respect to America, wl>ich the Duke of Grafton i has not successively adopted an;l abaiulonedp 1 1. l8 there not a singular mark of giiauae let Pi^oa ' € 2 JUNIUS, this man, who has so little delicacy and feeling, as to submit to the opprobrium of marrying a near relation of one who had debauched his wife !* In the name of decency, how are these amiable cousins to meet at their uncle's table p It will be a scene in CEdipus, ■without the distress. Is it wealth, or \Vit, or beauty P Or, is the amorous youth in lovep ^ The rest is notorious. That Corsica has been sacrificed to tlie French ; that, in some instances, the laws have been scandalously relaxed, >and, in others, daringly violated; and that the King's sub- jects have been called upon to assure him of their fidelity, in spite of the measures of his servants. A writer who builds his arguments upon facts such as these, is not easily to be confuted. He is not to be answered by general assertions, or general reproaches. He may want eloquence to amuse and persuade j but, speaking truth, he must always convince. PHILO JUNIUS. LETTER XIV, Addressed to the Printer of the Public Jdmrtiser. *IB, Ji:ne 22,1769. The name of Old Noll is destined to be the ruin of the house of Stuart There is an ominous fatality in it, which even the spurious descendants oltiie family cannot escape. Oliver Cromwell had the merit of conducting; Charles the First to the block. Your correspondent, Old Noll, appears to have the same design upon the Duke of Grafton, His arguments consist better with the title he has assumed, than iTvith the priuciples he professes: for thougli he pre- tends to be an advocate for the Duke, he takes care to y ive us the best reason why his patron should re- j:ularly follow the fate of his presumi'tive ancestor. Through the whole course of the Duke of Grafton's life, I see a strange endeavour to unite contradictions which cannot be reconciled. He marries, to be di- vorced ; he keeps a mistress, to remind him of conju- gal endearments; and he chooses such friends as it is », virtue in him to desert. If it were possi))le for the auNius. es genius of tliat accomplished president, who pronoun- ced sentence upou Charles the First, to be revived ia some modern sycophant,* his (jiace, I doubt not, would by sympathy discover him among the dregs of" mankind, and take him for a guide in those paths which naturally conduct a Minister to the scaffold. The assertion, tlmttwo-thirdsoftlie nation approve of the acceptance of Mr. Luttrel (for even Old Noll is too modest to call it an election) can neither be main- tained nor confuted by argument. It is a point of fact, on which every Enjilish gentleman will deter- mine for himself. As to lawyers, their profession ia supported by the indiscriminate defence of right and wrong; and I confess I have not that opinion oi their knowledge or integrity, to think it necessary that they should decide for me upon a plain constitutional question. With respect to the appointment of Mr. Luttrell, the Chancellor hiis never yet given any autluntic opinion. Sir Fletcher Norton is^, indeed, an honest, a very honest man ; and the Attorney- General is ex officio the guardian of liberty; to take care, I pre^^ume, that it shall never break out into a criminal excess. Dr. Blackstone is Solicitor to the Queen. The Doctor recollected that he had a place to preserve, though he forgot that he had a reputation to lose. We have now the good fortune to understand the Doctor's principles as well as writings. For the defence of truth, of law, and reason, the Doctor's books may be safely consulted; but whoever wishes to cheat a neighbour of his estate, or to rob a country of its right.^, need make no scruple of consulting the Do( tor iiimself. The eximpie of the English nobility may, for aught I know, suffirieutly justify the Dukeof Giafton, when he indulges his genius in ail the fashionab'e excesses of the age; yet, considering his rank and station, I think it would do him more honour to be able to den; the fact, than to defend it by such authority. But il vice itself could be exiiu ed, there is yet a certain display of it, a certain outrage to decency, and vio- lation of public decorum, which, for the benefit of Bociety, should never be forgiven. It is not that he -* * It k hardly fisoegiftfy td t%mM \^Q rtftder«'f tbfl m». , 9f ^r&ttihm. «4 JUNIUS. kept a mistress at home, but that he constantly at- tended her abroad. It is not the private indulgence, but the [)ublic insult, of which ! complain The name of Mifis Pareons would hardly have hppn known, ifthc First Lord of the Treasury had not led her in triumph through the Opera House, even in the presence of the Queen. H'heu we fee a man act in thi? manner, we may admit the shanielpss depravity of his heart; but what are we to think of his underst tndinffp His Grace, it seems, is now to l)e a regular, domes- tic man ; and, as an omen of the future delicacy and correctness of his conduct, he marries a tirst cousin of the man who had fixpd that mark and title of infamy upon him, whicli, at the same moment, makes a bus- band unhappy and ridiculous. The ties of consan- guinity may possibly preserve him from the same fate a second time; and, as to the distress of meeting, i take for ia;ranted, the venerable uncle of these com- mon cousins has settU^d the etiquette in such a man- ner, that, if a mistak;^ should happen, it may reach no further than from Madame mafemme to Madame ma CQunne. The Duke of Grafton has alwaj's some excellent reason for deserting his friends. The age and inca- pacity of Lord Chatham, the debility of I^ord Rock- ingham, or the infancy of Mr. Wilkes There was a time, indeed, when he did not appear to be quite so well acquainted, or so violently offended, with the infirmities of his friends. But now I confess they are not ill exchanged for the youthful, vigorous virtue of the Duke of Bedford; the firmness of General Con- way ; the blunt, or, if I may call it, the awkward in- tegrity of Mr. Rigby; and the spotless morality of Lord Sandwich.^ If a late pension to a* broken gambler be an act "worthy of commendation, the Duke of Grafton's con- nexions will furnish him with many opportunities of doing praise-worthy actions; and as he himself bears no part of the expense, the generosity of distributing the public money for the support of virtuous families io distress, will be an unquestionable proof of his Grace's humanity. As to public affairs, Old Noll is a little tender o^ * Sir John Meore. JUNIUS. 65 descCTiding to particulars. He does not deny that Corsica has been sacrificed to France; and he con- fesses that, with regard to America, his patron's me^isiires have been subject to some variation: but then he promises wonders of stability and firmness for the future. These are myj^teries, of which we must not pretend to judge by ex'jerieuce; and, truly, I fear we sliali perish in iha deseit, before we arrive at the land of promise. In the regular course of things, the period of the Duke of Grafton's ministerial manhood should now be approaching. The imbecility of his infant state was committed to Lord Chatham. Charles Townshend took some care of his education at that ambiguous age, which lies between the follies of poli- tical childhood, and the vices of puberty. The em- pire of the passions soon succeeded. His -arliest principles and connexions were of course forgotten or despised. The company he has lately kept has been of no service to his morals; and, in the conduct of public affairs, we see the character of his lime of life strongly distinguisl)ed Aii obstinate, ungovernable self-sufRci«'ncy plainly points out to us that state of imperfect maturity, at which the graceful levity of youth is lost, and the solidity of experience not yet acquired. It is possible the yoimg man may, in time, grow wiser, and reform: but if I under«tand his dis- position, it is not of such corrigible stuffthat we should hope for any amendment in him, before he has ac- complished the destruction of this country. Like other rakes, he may, perhaps, live to see his error, but not until he has ruined his estate. PHILO JUNIUS. LETTER XV. To his Grace the Duke of Grecian. MTLORD, July 8, 1769. If nature had given ynn an understanding qualified to keep pace with the wishes and principles of your heart, she would have made you, perhaps, the most formidable Minister that ever was employed under a limited monarch, to accomplish tlie ruin of a free 66 JUNIUS. people. When neither the feelings of shame, the re- proaches of conscience, nor the dread of punish tneut, form any bar to the designs of a Minister, the people would h )ve too much reason to lament their condi- tion, if they did not find some resource in the weak- ness of his understanding. We owe it to the bounty of Providence, tiiat the completest depravity of the heart is sometimes strangely united with a confusioa of the mind, which counteracts the most favourite principles, and makes the same man treacherous without art, and a hypocrite without deceiving. The measures, for instance, in which your Grace's activity has been chiefly exerted, as they were adopted without skill, should have been conducted with more than common dexterity. But truly, my Lord, the execution has been as gross as the design. By one decisive step you have defeated all the arts of writing. You have fairly confounded the intrigues of opposition, and silenced the clamours of faction. A dark, ambiguous system, might require and furnisli the materials of ingenious illustration; and, in doubt- ful measures, the virulent exaggeration of party must be employed to rouse and engige the passions of the people. You have now brought the merits of your admiui.«tration to an issue, on wliich every English- man, of the narrowest capacity, may determine for himself, it is not an alarm to the passion?, but a calm appeal to the judgment of the people, upon their own most essential interests. A more experien- ced minister would not have hazarded a direct inva- sion of the first principles of the constitution, before he had made some progress in subduing the spirit of the people. With such a cause as yours, my Lord, it is not sufficientthat you have the court at your devo- tion, unless you can find means to corrupt, or intimi- date the juiy. The collective body of the people form that jury, and from their decision there is but one ap- peal. Whether 3'oa have talents to support you, at a crisis of sucii difficulty and danger, should long since liave heen considered. Judging truly of your disposition, you have, perhaps, mistaken tlie extent of your capa- city. Good faith and folly have so long been receiv- ed as synonymous terms, that the reverse of tlse pro- positluii ha» grown iato cretlit, uiU every viliaia JUNIUS. 67 fancies himself a man of abilities. It is the apprehen- sion of your friends, my Lord, that yon have drawn some hasty conclusion of this sort, and that a partial reliance upon your moral character has betrayed you beyond the depth of your understanding. You have now carried things too far to retreat. You have plainly declared to the people, what they are to ex- pect from the continuance of your administration. It is time for your Grace to consider what you also may expect in return from their spirit and their re- sentment. Since the accession of our most gracious Sovereign to the throne, we have seen a system of government Avhich may well be called a reign of experiments. Parties of all denominations have been employed and dismissed. The advice of the ablest men in this coun- try has been repeatedly called for, and rejected; and when the royal displeasure has been signified to a Minister, the marks of it have usually been propor- tioned to his abilities and integrity. The spirit of the Javourite had some apparent influence upon every ad- ministration; and every set of Ministers preserved aa appearance of duration as long as they submitted to that influence. But there were certain services to be performed for the favourite's security, or to gratiiy his resentments, which your predecessors in office had the wisdom or the virtue not to undertake. The moment this refractory spirit was discovered, their disgrace was determined. Lord Chatham, Mr. Grenville, and Lord Rockingham, have successively had the honour to be dismissed for preferring their dnty as servants of the publif, to those compliances which were expected from their station. A submissive administration was at last gradually collected from the deserters of all parties, interests, and connexions: and nothing re- mained but to find a leader for these gallant, well- di'ci, .lined troops. Staud forth, my Lord; for thou art the man. Lord Bute foimd no resource of depen- dence or security in the proud, imposing superiority of Lord Chatham's abilities; the shrewd, inflexible judgment of Mr. Grenville; nor in the mild, but de- termined integrity of Lord Rockingham His views and situation required a creature void of all these properties: and he was forced to go through every division, resolution, composition, and refinement of 68 JUNIUS. political chemistry, before he happily arrived at the caput nioriuum of vitriol in your Grace. Flat and insipid in your retired state; but brought into action, you become vitriol again. Such are the extremes of alternate indolence or fury, which have govtrned your whole a'^ministration. Your circumstances, with regard to the people, soon becoming desperate, like other honest servants, you determined to involve the best of master?; in the same difficulties with yourself. We owe it to your Grace's well directed labours, that your Sovereign lins been pergi;aded to doubt of the affections of his subjects, and tiie people to suspect the " virtues of their Sovereign, at a time when both were unquestionable. You tiave degraded the royal dig- nity into a base and dishonourable competition with Mr. Wilkes: nor had you abilities to carry even the last contemptible triumph over a piivate man, with- out the grossest violation of the fundameotai 1 iws of the constitution and rights of the people. But tiiese are riglits, my Lord, which you can no more annihi- late, than you can the soil to which they are annexed. The question no longer turns upon points of national honour and security abroad, or on the degrees of ex- pedience and propriety of measures at home. It was not inconsistent that yon should abandon the cause of libt rty, in another country, which you had persecuted in your own: and, in the common arts of domestic corruption, we mi^s no part of Sir Robert Walpole's system, except liis abilities. In this hmnble, imit itive line, you might long have proceeded safe and lon- teinptible. Yo(j might probably never have risen to the diiinity of being hnted, and even have been des- pised with mod';tatiou. But it seems you meant to be distinguished; and, to a mind like yonrs, there was no other ro.:d to fame hut by the destruction of a noble 'abric, whici) you thou::ht had been tOo long the admiraton of minkind. I'he use you h ive mnde of the military force, introduced aa alarming change in the mode of executing the laws. The arbitrary ap- pointment of Mr. Lnttrell invades the foundation of the laws themselves, as it minifestly tr;>nsfers the riglit of legislation from those whom the people have chosen, to those whom tiiey have rejected. With a encce>-sion of such appoiri*itients, we may soon see a tioug« of Commous collected} in the choice o£ wbicb JtlNIUS. © I the other towns and counties of England will have as I little sh^re as the devoted county of Middlesex. I Vet I trust your Grace will find that the people of ithis country are neither to be intimidated by violent i measures, nor deceived by refinements. When they i see Mr. Luttrell seated in the House of Commons, by mere dint of power, and in direct opposition to the choice of a whole county, they will not listen to those subtilties by which fvevy arbitrary exfition of au- thority is explained into the law and privilege of par- liament. It requires no persuasion of aro;timent, but siajply the evidence of the senses, to convince them, that, to transfer the rigijt of election from the collec- tive to the representative body of the people, contra- dicts all thore ideas of a House of Commons which they have received from their forefatliers, and wl.ich they had already, though vainly, perhaps, delivered to their children. The princijiles on which this vio- lent measure has been defended, have added scorn to injury, and forced us to feel that we are not only op- pressed, but insulted. With what force, my Lord, with what protection, are you prepared to meet the united detestntion 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 addressed : and, I f^ncy, n)y Lord, it is not yet in your courage, to stand between your Sovereign, and the addresses of his sub- jects. The ini'.uies 50U have done tliis country are such as demand not onlj'- redress, but vengeance. In vain shall you look for protection to that venal vote which you have already paid for: another must b* purchased ; and, to save a Minister, the House of Commons must declare themselves not only indepen- dent of their constituents, but the determined eneu)ies of the constitution. Consider, my Lord, wliether this he an extremity to which their fears will permit tliem to advance: or, if their protection should fail you, how tar you are authorized to rely upon the sincerity of those smiles, whidi a pious court lavishes without reluctance upon a libertine by profession. It is not, indeed, the least of tlie thousand contradictions which attend you, that a man, marked to the world by the grossett violation of all ceremony and decorum, skoald TO J0IS1US. be the first servant of a court, in which prayers are . morality, ;ind kneeling is religion. Trust not too far to appear^ncrs, by which your predecessors have been deceived, though they have not been injured. Even the best olpriuces may at last discover, that this is a contention in whicli every thing may be lost, but nothing can be gained : and, as you became Minister by accident, were adopted without choice, trusted without confidence, and con- tinued without favour, be assured, that wlienever an occasion presses, you will be discarded without even the forms of regret. Yon will tiien have reason to be thankftil, if you, are permitted to retire to that seat of learning, which, in contemplation of the system of your life, the comparative purity of your manners, with those of their high steward, and a thousand other recommending circumstances, has chosen you tn encourage the growing virtue of their youth, and to preside over tlieir education. Whenever the spirit of distributing prebends and bishoprics shall have de- parted from you, you will find that learned seminary perfectly recovered from the delirium of an installa- tion, and, what in truth it ought to be, once more a peaceful scene of slumber and thoughtless meditation. The venerable tutors of the university will no longer distress your modesty, by proposing you for a pattern to their pupils. The learned dulness of declamation will be silent; and even the venal muse, though hap- piest in fiction, will forget your virtues. Yet, for the benefit of the succeeding age, I could wish that your retreat mia;ht be deferred until your morals shall hap- pily be ripened to that maturity of corruption, at which the worst examples cea«es to be contagious. JUNIUS. LETTER XVI. To the, Printtr of the Public Advertiser. 3IX, July 19, 1769. A GREAT deal of useless argument might have been saved, in the political contest which has arisen, from fhe expulsion of Mr. Wilkce, and the sobsequent ap- JUNIUS. 71 pointment of Mr. Luttrell, if the question had been once stated witli precision, to the satisfaction of each party, and clearly understood by them both. Bat in thi?, as ill almost every otlier di^p^lte, it usually hap- ppn^ that miicli time is lost in referring to a multitude of cases and precedents, which prove nothing to the purpose; or in m•^iIltaininq: [.ropositions, which are either not disputed, or, whetlier they be admitted or denied, are entirely indifferent as to the matter in debate; until at last the mind, perplexed and con- founded with the endless subtilties of controversy, loses sight of the main qnestioit, and never arrives at truth. Both parlies in the disj^.u<<- are apt enough to practise these honest artifices. The man who is con- 6ciou>- of the weakness of his cause is interested in con- cealing it : and, on tlie other side, it is not uncommon to see a good cause mangled by advocates, who do not know the real strength of it. ] should be glad (o know, for instance, to what pur- pose, in til ■ present case, so many precedents have been produced to prove, that the Hou>ie 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.f^* After all these propositions are admitted, Mr. LnttrelPs right to his seat vvill continue to be just as disputable as it was before. Not one of them is at present in agitation. Let it be admitted th it the House of Commons were authorized to expel Mr. Wilkes, that they are the proper court to judge of elections, and that the law of parliament is binding upon tlie people; still it remains to be inquiied, whether the House, by their resolution in favour of Mr. Luttrell, h^ive, or have not, truly declared that law. To facilitate this inquiry, 1 would have the question cleared of all forpij;n or indifferent matter. The following state 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 forming a judicious and true opinion upon it. I take the question to be strictly this: " Whether or * The reader will observe, that these admissions are made not as of truths unquestionable, but for the sake of argumeotj aad in order t* briog the real questivA to ksvc 72 JUNIUS. no it be the known, established law of parliament, thvit the expulsion of a member of the House of Com- mons, of itself creates in him such an incapacity to be re-elected, that at a subsequent election, any votes given to him are null and void; and that uny other candidate, who, except the person expelled, has the greatest number of vote?, ought to be the sitting member " To pjove that the affirmative is the law of parlia- ment, I apprehend it is not sufficient for the present House of Commons to declare it to be so. VVe may ?^hut our eyes, indeed, to the danscerous consequei ces of suffering one branch of the letrislature to declare new laws without argument or example; and it may, perhaps, be prudent enough to submit to authority; but a mere assertion will never convince, much less will it be thought reasonable to prove the right by the fact itself. The ministry have not yet pretended to «iich a tyranny over our minds. To support the affirmative fairly, it will either be necessary to pro- duce some statute, in which that positive provision s!>all have been made, that specific disability clearly created, and the consequences of it declared; 6i\ if there be no such statute, the custom of parliament must then be referred to; and some case oi- cases,* strictly in point, must be produced, with the decision of the court upon them ; tor 1 readily admit, that the <'ustom of parliament, once clearly proved, is equally biriding with the common and statute law. The considerntiou of what may be reasonable, or unreasonable, makes no part of this question. VVe are inquiring what the law is, not what it ought to be. Reason may be applied to show the impropriety or expedience of a Ia\y ; but we must liave either statute or precedent to pi-ove the existence of it. At the same time, f do not mean to admit that the late re- solution of the House of Commons is defensible on general principles of reason, any more than in law. This is not tlie Innge on which the debate turns. Supposing, therefore, that I have laid down an ac- curate state of the question, I will venture to afSrra, * Precerknts, in opposition to principles, have little weight with Junius; but he thought it necfiosarv to Kieut i^iie Miftiiitry upr.^a their 9^3 grounit JUNIOS. 7;3 That there is no stiitute existing, by which that fie disability which we speak of is created. If ; be, let it be produced. The argument will then : an end. lly. That there is no precedent, in all the pro- ings of the House of Commons, which comes en- Y home to the present case, viz. '* Where an ex- •d member has been returned again, and another iidate, with an inferior number of votes, has been ared the sitting member." If there be such a edent, let it be given to us plainly ; and 1 am sure 11 have more weight than all the cuftning argii- , ^^s which have been drawn from inferences and r-!»abilities. • he Ministry in that laborious pamphlet, which I f'ume contains tlie whole strength of the party, e declared, "That Mr. Walpole's was the first and ' ' instance in which the electors of any county or jugh had returned a person expelled to serve in same parliament." It is not possible to conceive ise more exactly in point, Mr. Walpole was ex- ed ; and, having a majority of votes at the next tion, was returned again. The friends of Mr. vlor, a candidate set up by the ministry, petitioned ■ Hou?ethat he might be the sitting member. Thus the circumstances tally exactly, except that our ise of Commons saved Mr. Luttrell the trouble of ' itioning. The point of the law, however, was - same. Itcame regularly before the House, and ras their business to determine upon it. They did ermine it; for they d<^-clared Mr. Taylor not duly ' ied. If it be said, that they mealit this resolution matter of favour and indulgence to the borough ich had retorted Mr. Walpole upon them, in order -.t the burgesses, knowing what the law was, might irrect their error, [answer, ■; That it is \ stiange way of arguing, to oppose a iposition, which no ban can prove, to a fact which )ve8 itself. II. That if tliis were the intention of the House of ramons, it must have defeated itself. The burges- ; of Lynn could never have known their error, ich less coiild they have corrected it by any in- ..uction they received from the proceedings of the ' ouse of Commons. They might, periiaps, have fore- 74 JtJNIUS seen, that if they returned Mr. Walpole agnin, he would again be rejected; but they never could infer, from a resohition by whicli the candidate with the fewest votes was declaied ivotduly elexted, that at a future election, and in siniiiar circumstiuces, the House of Commonp would reverse their resolution, and receive the same candidate as duly elected, whom they had before rejected. ^-,;^, This, indeed, would have been a most extraor3i-- nary way of declaring the law of parliament, and- what, 1 presume, no man, whose underst;inuins i? not at cross purposes with itself, could possiblj' under-? stand. If, in a case of this importance, I thought myself i at liberty to arguefrom suppositions rather than from facts. 1 think the probability, in this instance, is di- rectly the reverse of what the ministry affirm ; and tliat it is much more likely that the House of Com- mons, at th it time, would rather have sirained a point in favour of Mr. Taylor, than th't they would have violated the law of parliament, and robbed Mr. Taylor o a right legally vested in him, to gratify a refractory borough, which, in defr^nce of them, had returned a person branded with the strongest mark of the displeasure of the House. But really. Sir, this way of talking (for I cannot call it argument"), is a mockery of the common un- derstanding of the nation, too gross to be endured. Our dearest interests are at stake. An attempt has been made, not merely to rob a single county of its lights, !>ut, by inevitable consequence, to alter the constitution of the House of Commons. This fatal attempt has succeeded, andstan country, which will not submit to be oppre.^up[tositioa with safety. It contains nothing butliteraify thefact; exc'>pt that there is a case exactly in point, witli a decision of the House, dinmetrically op.iosite to that, which the present House of Commons came to in fa- vour of !V1r. Luttr^ll. Thv- Ministry now begin to be ashamed of the weakness of their cause ; and, as it usually happens with falsehood are driven to Vu- necessity of shifting their groimd, and changing tiieir whole defence. At first we were tokl, that nothing could be clearer, than that the proceedings of the House of Commons were jpstified by the known law and uniform custom of parliament. But now it seems, if there be no law, the House of Commons have a right to make one ; ajid, if there be no precedent, they have a xi&Ut-to 7S JUNIUS. create the first ; for this, I presume, is the amour the questions proposed to Junius. If your corres dent had been at all versed in the law of parliair or generally in the laws of this country, he W' have seen that this defence is as weak and fals tha. former. The privileges of either House of Parliament, trua^ are indefinite: that is, they have not been scribed or laid down in any one code or declara whatsoever; but, whenever a question of privilegt arisen, it has invariably been disputed or maintai upon the footing of precedents alone.* In the co of the proceedings upon the Aylesbury election, House of Lords resolved, " That neither house of 1 liament had any power, by any vote or deelarat to create to themselves any new privilege, i was not warranted by the known laws and cust of Parliament." And to this rule, the House of C raons, though otherwise they had acted in a v arbitrary manner, gave their assent ; for they affi ed, thattheyhadetiided themselves by it, in assen their privileges. Now, Sir, if this be true, with res( to matters of privilege, in which the House of C mons, individually, and as a body, are principally c cerned, how much more strongly will it hold aga any pretended power in that House to create or clare a new law, by which not only the rigitts of Houfieover their own member, and those of the lU' ber himself, are included, but also those of a third ; separate party ; I mean the freeholders of the ki dom ! To do justice to the Ministry, they have yet pretended that any one, or any two, of the t!i Estates, have power to make a new law, without concurrence of the third. They know that ^ m who maintains such a doctrine, is liable, by stati to the heaviest penalties. They do not acknowliM that the House of Commons have assumed a neiv i vilege, or declared anew law. On the contrary, tt.. affirm, that their proceedings have been strictly cp formable to, and founded upon, the ancient law a • custom of Parliament. Thus, therefore, the quest * This J8 still meeting the ministry upon their o ground : for, in truth, no prececients will support eithe- tyral injustice, or violatita of positive rights. aUi\lUa 77 irns io the point at wliich Junius had fixed it, viz xtlhcror no this be the law of Parliament "} M it be » t')e House of Conmions had no Jejal anthoritvto iblish the F^recedtntj and the precedent itself 'is a ;efact, Without any proof of right whatsoever, our correspondent conchides with a question oi' simplest nature : Mast a thing he wron'■ ;-erson, but address myself to voa direoth-. J UMTS. Yon ?le and bettor snitecl to the clif.^nity of your ' cause, than that of a new-pnper. Be it fo. Yet, i' iiewppripers are scuiri'on?, yoii n!u>t confeiss tliey ai c impartial, Tliey •live us withoiit any apparent ptt- ference, tlie wit and arj;i!inefit of the Ministry, as| well as t!ie abiiiive dsilness of tiie opposition, Tlie scales are equally poi?ed. It is not tlie priuter's fault if the greater wei^iht inclines the balance. Your p:-iniphitt then ib divided into an attack npon Mr. (irenviile'scharactcr, and a di'teiiceof your own. It wouid have been move consi.-ient, per hap,-', with your profef*f;aid in the House of Cnnimcns. If tiiere be a real differ- ence betv,'cen what you have v itten, and what you nrpose. The ques- tion is, not for what particular offences a person may- be expelled, but generally, whether by the law of parliament, expulsion alone creates a disqualification. If the affirmative he the law of parliament, Doctor Elackstone might, and should, havetoldus so. The question is not confined to this or that particular per- t^on, but forms one great brancli of disqualification, too important in itself, and too extensive in its con- sequences, to be omitted in an accurate work, e.K- pressly trealing of the law of parliament. _ The truth of the matter is evidently this: Doctor i Elackstone, while he was speakino; in the House ofa Commons, never once tiiouglit of his commentaries un^d til the contradiction was unr^xpectedly ur^ed and stare, ed him in the face. Instead of defeiidingliimself uponi- tlje spot, he sunk under the charge in an agony of con-of fusion and despair. It i^ w«^!l known that there was ' a pause of some minutes ia the House, from a general expectation that the Doctor would say something in his ovrn defence ; but it seems his faculties were too much overpowered to think of those subtilties and re- finements which have since occured to him. It was then Mr.Grenville received that severe chastisement which the Doctor mentions with so niucli triumph :/ n)u/i the hnnoitrablc gentlemen, instead of shaking his head, WQull shcke a good argument out of it. _ If to the ele- gance, novelty, and bitterness, of this ingenious sar- casm, we add the natural melody of the nmiable Sir rietcher Norton's pipe, we shall not be surprised that M.'. Grenvllle was unable to n)ake him any reply. As to the Doctor, 1 would recommend it to him to be quiet. * If not. he may, perhaps, hear again from Jrjcius himself. ' PHILO JUIS'lUS. JUNIUS. 88 POSTSCRIPT to a PampJihl,mt'dlpiU An Ans^ver to the Questions stTtrd. Supposed to be nritten hy Dr. Blackstone, Solicitor to the. Qween, in ansricr to Junius^s Letter. Since these papers were sent to the pres?, n •vrriter, in the public papers, who subscribes himself Juniu?, has made a feint of bringing this question to a short issue. Thoug:!i tlie foregoing observatinps contain, in my opinion, at least, a full refutation of all that tbis viiter has offered, I Khefll, however, bestow a very few words upon him. It will cost me very little trouble to unravel and expose the sophistry of his argument. ' I take the question (says he) to be strictly Ibis; Whether or no it bo the known e.-tablished law of Parliament, that the expulsion of a member of the House of Commons, of L*>clf, creates in him such art incapacity to be re-elected, that, at a subsequent elr?ction, any votes given to him are null and void; and that any otlier candjuate, who, except the person expelled, has the ;rreatest number of votes, oughl in be the sitting member.' Waving, for the present, an}' objection I may have V) tills state of tiie question, I sliall venture to meet w champion upon his own ground; and attem'it to pport the ai?;i niative of it, ia one of the two ways • « hich he says it can be alone fiirly supported. '. jflf lliere be no statute (says !k') in which the speci;lc isal'i'.ily isclearly created, fcc. (and we ackno'-vlcdge here is ni^.ne") the custom of Parliament must then he lefcrrcd to; and som, and that a cnse strictly in point has hern prod ic(d, with t!»» decision of t!)e court •ipon it. I thank i:!;i for coming so fviirly to the point. He as'^erts, tliiit lit • (a.^e of Mr. Walpole is strictly ;i ftnlat, to prove jiu^ e>pu'?ion froates sri uhtvhile JUNIUS. 89 incapacity o£ being re-elected ; and for this purpose, he refrrs generally to tlie first vote of the Floiise iip(>n that ocnaf-ion, without venturing to recite the vole itself. The unfair, disingenuous artifice of adopt- ing that part of a precedent which seems to suit his pMi-pose, and omitting tlie remainder, deserves some pit}', but cannotexcite my resentment. HetaT. ^cry voU ia the fwilon-hi^ icra-ii, viJe p^^e 11, " llr- ^ JUNIUS. position 6f this land can be more evident, than .(hat the House of Gommons, by this very vole, l;hemsolves understood, nnd meant to declare, that Mr. Wal- pole's incapacity arose from the crimes he had com- mitted, not from tlie punishment the House annexed to them. Tlie hi^h breach of trii^t, the notoi ions corruption, are stated in t!ie strongest terms. They do not tell us (hat he was incapable, because he was expelled, but because he had been guilty of such of- fcncco as justly rendered him unworthy of a seat in parliament. If they had intended to fix the disability upon his expulsion alone, the mention of his crimes in the .same vote would have been hig;hly improper. It could only perplex the minds of the electors, who, if they collected any tiling from so confused a de- claration of the law of Parllnmeut, must have con- eluded, that their representative liad been declared incapable, because he was highlyguilty, notbecause he had been punished. But, even admitting them to have understood it in the other sense, they must then, fi'om the very terras of the vote, have united ti)e idea of his being sent to tlie Tower with that of hin^ ex- pulsion, and considered his incapacity as the joint effect of both, f solved, That Robert Walpolc, Esq. having lcen_ this se-- sion of parliament expelled the Hous-e, wh-?, and is. incapu- ble of being elected a'member to serve in the present par- "iianficnt." There cannot he a stronger positive proof oi the treachery of the compiler, nor a stronger picsumi'five pi-oof that he was convinced that the vote, if duly re- cited, would overturn his whole argument. ^Addressed to the Printer of the Public Adveriiter , ?ir, Mail 22, 1771. fcry early in the debate vpon the decision of the 3liddl(scx flection, Unas nell observed by Junius, Hint the Bouse nt Commons had not only exceeded their boasted precrdi nt of the expulsion and subsequent incapacitation of Mr. JVaipole, but that they had not even adhered to it strictly as far as it ivcnt. After convicting Mr. Dyson of giving a false quotaiion from the journals, and having explained the purpose which that con- tcmptiblefraud n-as intended to answer he proceeds to state the vote itself by which Mr. WalpnWs supposed incapacity k-h? declared, viz- *' Resolved, Thai Robert Walpole, Esq. having been this session of Parliament comviitted a prisoner to the Tomer, and expelled t'lis House, for a high breach of trust in Ct^ fx.^intisn 9f I'ih o^ce, end n9tfiTi»ns cerrttptiont, n'htn sec-- J-UNIUS 91 I do not mean to give an opinion upon the justice ftf the proceedings of the House of Commons with regard to Mr. Walpole ; but certainly, if I admitted rcfarv at war, was, and is incapable of being elected a mem- ber to serve in this present parliament ;" and thrn observes, that from the terms «f the vote, ire have no right to annex the in- ' copacitatian to f/tc expulsion o??/.y,- for that, as the proposi- tion statids, it must ai ise tquaUi; from the expulsion and the commitment to the Tower. I believe, Sir, no man, nho knons U7iy thing of dialeciics, or who understands Eiiglish, rdll dis- pute the truth and, fair niss of this construction. But Junius has a great authority to support him, ivkich, to speak with the Duke of Graf ton, I atcidentiy ip.el with this morning in the course ofmtf rending. It contains an admonition, which can- not be repeated too often. Lord Sommers, in his excellent tract upon the Rights of the People, after reciting the votes of ths convention of the 2Mh January, 1689, viz. " That KingJavies the Second, having endeavoured to subvert the constiiutlon if this kingdom, by breaking the original contract behvecn King and People, and by the advice of Jesuits, and other wicked per- sons, hat-ing violated the fundamental laws, and having nntii- drann himself out of this kingdom, hath abdicated the goverr.- ment,&,j." — makes this observation uponit: " the word -Abui- cated re'atcs t motives to declare Mr. W^alpole incapable of being re-elected. 'I'nry IhotJghtsuch a man unwoithy to sit among them. To that point they proceeded, and no further; for they respected the rights of the people, while they asserted their own. They did not infer from Mr. Walpole's incapacity, that his opponent was duly electee! ; on the contrary, they declared Mr. Taylor " cot duly- elected, " and the election itself void. Such, however, is the precedent wliich my honest fi-iend assures us is strictly in point, to prove, that expulsion of itself creates an incapacity of being elected. If it had been so, the present Houseof Com- mons should at least have followed strictly the ex- ample before them, and should have stated to us, in the same vote, the crimes .'or which they expelled Mr. Wilkes: whereas they resolve simply. That " having been expelled, he was and is incapable." In this j-ro- svch a situation, that \fa member of tkc prrsmt House of Com- rnons rjtre to coidvcikin'se!/ ever so improjicrli/, itnd, in re- ality, deserve to be seitiback to his co?islituetits wiik a mark of disi^race, they winild not dare to expel him : because they knoro that the people, in crdi-r totry again the ^reat quesiion of right t*r to thwart an odious House of Commons, ivtuld probabltf overlook his Immediate unworthiness, and return the same per- son to parliament. Bnt, in time, the precedent mill gain strength ; a future House of' Commons -ivill have no such ap prehensions-, consequently, rvill not scruple to follow aprtc - dint which theji did not establish. The miser himself seldom livesto enjoy the fruit of his extortion, but his heir succeeds to him of course, and takes possession without censure. Ifo man expects hirn to make restitution -^ and, no matter for his title:, he lives quietly men the estate. PHILO JUNIUS. JUJS^IUS. 93 cpeding, I am auUiorized to affirm, they have neltlic;- st;rdd of Sir Richard Steele : That we are govern^-d by a set of drivellers whose folly takes away ail digtiily from distres-s and makes evcB cal.uuily ridicaious." PHILOJU^aUS, JUNIUS. 89 LETTPm XX! 1 1. To his Grace the Duke of Bcdjord. ;Mi Lord, Er.PTEjTBER 19, 17C9. ' Yov are so little accustomed to receive any niarkg of respect or esteem from t!ie puhiic, that if, in the following lines, a compliment or expression of applause should escape me, 1 fear yon would consider it as a mockery of your established character, and, perhap?, an insult to your undorstandins- Yon have nice feel- ings, my Lord, if we may judge from your resentments. Cautious, therefore, of giving offence, uhereyon have so little deserved it, I shall leave the illustration of your virtues to other hands. Yotir friends have a privilege to play upon the easiness of your temper,'* or, possibly, they are heller acquainted with your good qualities than I ani. You have done good by stealth. The rest is upon record. You have still left ample room for .'peculation, when panegyric js exhausted. Y'ou are, indeed, a vrry considerable man. The highest rank ; a splendid fortune; and a name, glori- ous, till it was yours ; were suffi.ient to have support- ed you with n)eaner abilities tiian I think yon pos- Fe.^s. From the first, you derived a constitutional claim to respect ; from the second, a natural extensive authority: tiie last created a partial expectation of hereditary virtues. The use you have made of these iu!common advantages, might have been more honour- able to yourself, but could not be moie instructive to mankind. W'emay trace itin tiie veneration of your •country, the choice of your friends, and in theaccom- jjlishiuent of every sanguine hope which the ptiblie ii.isht have conceived from the illustrious name of Jl'.jssel. Ti)e eminence of your station gave yon a com- manding pros(iect of j'our duly. The road which led to honour was open to your view. V ou could not lose it by mistake, and you had no temptation to dispart f'loni it by design. C)mpare the natiind dig- nity and importance of the hig!ies^ peer of England ; tlie noble indt'pendence whicli Iip. might have main- tained in parliaincnl j and the real interest and respect 10© JUNIUS. which he miglitliave acquired not only In parliamc but tlirough the whole kingdom ; compare these gk ous distinctions, with the ambition of holding a sh; in government, the emohunents of a place, the s of a borough, or the purchase of a corporation ; s though you may not regret tlie virtues which cre.i respect, you may see with anguish how niTich r^ importance and authority you have lost. Consiti < the character of an independent virtuous Duke Bedford ; iinagine what he might be in this country tiien reflect ona moment upon what you are. If it ■: jios.-ihle for me to withdraw my attention fromili fact, 1 wilt tell you in the theory what such a m ^ migiit be. Conscious of hisown weight and importance, hi? r< duct in parliament would be directed by nothing i the constitutional diity of a peer. He would consii himself as a guardian of the law5. Willing tosnppt the just measures of governmerit, but determined observe the conduct of the minister wil!) suspicici i he would oppose the violence of faction with as mn firmness as the encroachments of prerogative. YU would be as little capable of bargaining with t.u minister for places for himself, or his dependants, as ■> descending to mix himself in the intrigues of oppo '; tion. Whenever an important question called fori opinion in parliament, he would be heard by the mr profligate minister with deference and respect, fc authority would either sanctify or disgrace the me sures of government. The people would look up • him as their protector: and a virtuous prince won have one honest man in his dominions, in whose i ' tegrity and judgment he might safely confide If' should be the will of Providence toafllict* him wii a domestic misfortune, he would submit to the strol with feeling, but not without dignity. He wou consider the people as his children, and receive generous, heart-felt consolation, in the sympathikir, tears and blessings of his country. Your 'Grace may probably discover something moi intelligible in the negative part of this illustrioi *.The Dukebau lately lost his CDly eon by a fallfror^ Y horse. :- ■> '>■:.'• '•>-^'' • JUNltTS: I or pjiactrr. The man I have descilbea would never 'csjtute his dignit}' in parliamcnl, by an indecent olcnce either m opposing or defending a minister. , »rould not at one moment rancoroiisly persecute, ' lotlier basely cringe to the favourite of hi^ Sove- After outraging the royal dignity with pe- tory conditions, little short of menace and hostili- e would never descend to the humility of solicit- ug ;n intons. lie would then liave never felt, much les.* < d he have submitted to, the dishonest necessity jawing in the interests and intrigues of liis dopend- ot supplying their vices, or relieving their beg- at t'.ie expense of his country. He'would not,- ia> betrayed such ignorance, or such contempt, of he ' onstitution, as openly to avow, in a court of jns- the purchascf and sale of f\ borough. He would lave thought it consistent with his rank in t!ie or even with hix personal importance, to be the tyrant of a little corporation.! He would never been insulted with virtues which he had labour- extinguish ; nor suflFered the disgrace of a mortl- defeat, which has made him ridiculous and con- ible even to the few by whom he was not detest- .. I reverence the afllictions of a good man; bin arrows are sacred. But how can we take part iu - 't this iniervierv, nkich passed at the koitst of the hit* l;;lintoune. Lord Rate told the Duke, that kenasdctcr- ncver to have, any connexion rcith a man nho had so bet railed him. an cn^wcT in Chancery, in a suit against kim to recover sum, paid him by a person whom he had undertaken to to ptirliament for one 'f his Grace's boroughs, he jvas led to repay the money. ^Bedford, when tht tyrant was held in such contempt testation, that, in order to deliver themseh-6ffr07n hlyir bnitted a great number of strangers to the freedom. To as defeat trnly ri'iculowi, h" tried his whole strens,in I Mr. liorijf, and nus beaten ufon hit ana gToana.. E 102 JUNIUS. the distresses of a man whom we can neither lovft «• esteem; or feel for a calamity of which he himself is insensible;' Where was the father's heart, when he could look for, or find, an immediate consolation for the loss ol an only son, in consultations and bargains (or a place at court, and even in the misery of ballot- ing at the India House? AdmittinjT, then, that yon have mistaken or desert- ed those lioiiourable principles which ought to have directed your conduct; admitting that you have as little claim to private affection as to [)uhlic esteem, let us see, with what abilities, with what degree of judgment, you have carried your own system into execution. A sreatman, inthe success, and even in the magnitude of liii? crimes, finds a rescue from contempt. Your Grace is every way unfortunate. Yet J will not look back to those ridiculous scenes, by which, in your earlier days, you thought it an hoiiour to be distin- guished ;*' tbe recorded sttijies, the public infamy, your own sufferings, or Mr. Rigby's fortitude. These events undoubtedly left an impression, thougli not npon your mind. To sucli a mind, it may, perhaps, hit a pleasure to reflect, that there is hardly a corner ofany of his M ijr-sty's kingdoms, except Prance, in whicli, at onp tuue or other, your valuable life has tiot been i;i danger. Amiable m?in ! we see and ac- knowledge the protection of i*rovidence, by wJiich. you have so often escaped the personil detestation o your fellow-subjects, and are fctill reserved for the pu!)lic justice of yoiu' countr}'. V^our liistory begins to be important at that auspi- cious period at wliicli you were deputed to repre- ^-nUhfJ Earl of Bute nt the court of Versailles. It was an honoiirableolfice, and executed with tliesame *■ Mr. Flf'lon Runphrn, n country ailnmey, korsen>htf>pfd 'fhe Dake, wiih eqitat justice, sevfritii, and pe-rtevi ranee, on the cintrs?, at Litchfuhl. Rijliy ar.d Lord Trentham n-crc aho ntdqr.Hed in a viost exemplary tnnr.ncr- Thlt savr. risf to the. folimviiig stori) : vhc n. the. Intc Kins: heard that Sir Edwurd ^Mawkc kadgivm Vif. French a (irubbing. kis 7najcdu, v-hohad T.I ver rrccivid that kind of c'lCstiscTncnt, nai pleturd to etk Lord Che.ittirfi.ld Hit meaning of t'le rvord- " .V'V," «iiys Lord Chcsterfirld " the nienni/is; of the rvord. — But here aoniti t'lfl Uukc r.f' Bedford, ni;v jY b. iter able to etrf^ain it toyoiiT Mj^::d9 tkiiH I am."'' \ JliUNttJS. I«8 fpiiit with which it was accerted. Your patrons wanted an ambussador who would submit to make con- cessions, without daring to insist upon any honoura- ble condition for his sovereign. Their business re- 3uircd a man who had as little feeling for his own ignity, as for the welfare of his country ; and they found him in the firi?t rank of the nobility. Bellcisle, Goree, Guadaloupe, St. Lucia, Martinique, the Fish- ery, and the Havanna, are glorious monuments of yourGrace's talents for negotiation. My Lord, we are too well acquainted witliyour pecuniary charac- ter, to think it possible that so many public sacrifices should have been made without some private compen- sations. Your conduct carries with it an internal evidence, beyond all the proofs of a court of justice. Even the callous pride of Lord Egremont was alarm- ed.* He saw and felt his own dishonour in corres- ponding with you : and there certainly was a momei>t •at wiiich he meant to have resisted, had not a fatal lethargy prevailed over his faculties, and carried all iense and memory away with it. I will not pretend to specify the secret terms on which you were invited to support! an administration which Lord Bute pretended to leave in full pos .ession of their ministerial authority, and perfectly masters pf themselves. He was not of a temper to relinquish power, though he retired from employment. Stip- ulations were certainly made between your Grace and him, and certuuly violated. After two years.' sub- mission, 3'ou thought you had collected strength guffi- cient to control his influence, and that it was vour turn to be a tyrant, because you had bet n a slave. When you found yourself mistaken in your opinion of your gracious master's firmness, disappointment got the better of all your humble discretion, and carried you to an excess of outrage to his person, as distant from true spirit as from all decency and respect.| Af- *This man, notwithstanciing his pride and Tory principle?, had some E«s;lisb stuifiii him. Upon an official letter he wrote to the Uuke of Bedford, the Duke desired tnbe re- called, and it wag with the utmost dilEculty that Lord Bute oould appease him. t Mr. Grenvilie, Lord Halifax, and Lord Egrenoont. '". The Mrnivtry bavin'^ eDdGavoeHedt^e-scliiiie tire IlDWr 104 JUNIUS. ter robhinz him' of the rights of a king, you woiild not permit him to preserve the honour of a gentleman. It was then Lord Weymouth was nominated to Ire- land, and despatched (wewell reraemberwith what indecent hurry) to plunder the treasury of the first fruits of an employraeut, which you well knew he was never to execnte.* This sudden declaration of war against the favour- ite, miglit have given you a momentary merit with the public, if it had either been adopted upon principle, or maintained with resolution. Without looking back to all your former servility, we need only observe > your subsequent conduct, to see upon what motives you acted. Apparently united with Mr. Grenville, j'ou waited until Lord Rockiagham's feeble adminis- tration should dissolve in its own weakness. The moment their dismission was suspected, the moment yon perceived that another system was adopted in the closet, you thought it no disgrace to return to '- your former dependence, and solicit once more the Inendship of Lord Bute. You begged an interview, at which he had spirit enough to treat you with con- tempt. - It would now be of little use to point out by what a train of weak, injudicious measures, it became ne- cessary, or was thought so, to call you back to a share in the administration. f The friends, whom you • did not in the least instance desert, were not of a -character to add strength or credit t« government: ' and, at that time, your alliance with the Duke of Graften, was, I presume, hardly foreseen. We must look for other stipulations to account for that sudden resolution of the closet, by which three of your de- ai?er out of the Regency Bill, the Earl of Bute determined to ri(smis.9 tbeui. Upon this, the Duke of Bedford demand- ed an audienre of the ; reproached him in plain terms *ith his duplicity, baseness, falsehood, trea'-hery, and Hypocrisy; repeatedly gave him the lie, aad left him in convulsions. *ne received three thousand pounds for plate and equip- age money. + When Earl Gower was appointed President of the Council, the King, with his usual sincerity, assured him, that he had not had one happy raomeat 8i.ace the Duke- of/ Bedford left him. 1 JUNIUS. 105 il»enHiints* (whose character?, I thinV, eannot be less respected than they are) were advanced to offices, through which you might again control the minister, and probably engross the whole direction of atFairs. The possession of absolute power is now once more within your reach. The measures you have taken to obtain and confirm it, are too gross to escape the eyes of a discerning judicious Prince. His palace ii besieged; the lines of circumvailation are drawing round him ; and unless he finds a resource in his own activity, or in the attachment of the real friends of his family, the best of Princes must submit to the con- finement of a state prisoner, until your Grace's deathly or some less fortunate event, shall raise the siege. For tlie present, you may safely resume that stvle of insult and noenace, which even a private gentleman cannot submit to hear without being contemptible. Mr. M'Kenzie's history is n«t yet forgotten ; and you may find precedent* enough of the mode in which an imperious subject may signify liis pleasure to his sovereign. Where will this gracious Monarch look for assistance, when the wretched Grafton could for- get his obligations to his Master, and desert him for such a hollow alliance with such a man as the Duke of Bedford. Let us consider you, then, as arrived at the summit of worldly greatness; let us suppose that all your plans of .avarice and ambition are accomplished, and your most sanguine wislies gratified, in the fear at well as the hatred of the peojlej can age itst^lf forget that you are no'A- in liie last act of life;^ Can gray hairs make folly veney able p And i.-: there uo period to be reserved for meditation tu)d retirement :' For shame ! ray Lord, let it not be recorded of yoii, that the latest momenta of your lile were dedic. tt^d to the same uriwortlij" pursuits, Uiesami- bujsy ajil-iliou.-, in which your youth a.jd UMnuood were exnauated. Consider that although vo;i caiuiot disgrace your forme/' life, you a; *» viola tin' the character of age, and evn^sini; the imijoteiit inibecility, after you have lost the vijon:*, of t!if ;;<»ssion«. Yooc f.'-ieuds will ask, wjrhaps, ^Vl^ithcr shall this unhappy old man retire]' Can he rcmaio ia the * Lords Gower, Weymouth, aad SaHdwich. ' metropoHs, where bis life has been so often threateneid, and his palace so often attacked? If he returns to Woodburn, scorn and mockery await him. He must ♦weate a yolitude round his estate, if he wonld avoid blje faceof reproach and deri?ion. At Plymouth, his destruction would be more than probable; at Exeter, inevitable. No honest Englishman will ever forget bis attachment, nor any hone?t Scotchman forgive his treachery, to Lord Bute, At every town he ea- ters, he must^chaugehis liveries and name. Which «?ver way he flies, the hue and cry of the country pur- sues him. ' In another kingdom, indeed, the blessings of his administration have been more sensibly felt ; his vir- tues better imderstood ; or, at worst, they will not, for him alone, forget their hospitality. As well might Vtrrcs have returned to Sicily. You have twice es- •aped, my Lord ; beware of a third experiment. The indignation of a whole people, plundered, insulted^ and oppressed, as they have been, will not always be disappointed. It is in vain, therefore, to shift the scene. You can no more fly from your enemies than from yourself. Persecuted, abroad, you look into your own heart for consolation, and 6nd nothing hut reproaches and despair. But, my Lord, you may quit the field of business, though not the field of danger, and though you cannot be safe, you may cease to lie ridiculous, I iear j'ou have listened too long to the advice of those pernicious friends, with whose interests you have sordidly united your own, and for whom you have sacrificed every thing that ought to be dear to a man of honour. They are still base enough to encourage the follies of your age, as i\\ey once did the vices of your youth. As liltle acquainted with the rules of decorum as with the laws of morality, they will not suffer you to profit by experience, nor even to consult the propriety of a bad character. Even now they tell you, that life is no niore than a dramatic scene, ia which the hero should preserve his consistency to the last; and that, as you lived without virtue, yott should die without repeotancc. JUNIUS; JUNIUS. 167 LETTER XXIV. To Junius. Sir, Skptf.mbkr M, 1*09. Havtkr, accidentallf seen a rcpul))ication ofyotJX T»Hters, wherein you hive been pleased to assert, thai I had 5oW the companions' of my «iiccesi5, 1 am ap-jiri obliged to declare the said assertion to be a most in- famous and malicious falsehood; and I apain call upon you to stand forth, avow yourself, and prove the charge. If yon can make it out to the satisfaction of any one man in the kingdom, I will be content to be thought the worst man in it ; if you do not, what must the nation think of you !' Party has nothing tf> do in this affair : you have made a personal attack upon my honour, defamed me by a most vile calum- ny, which might pos>ibly have sunk into oblivion, had not such uncommon pains been taken to renew and perpetuate this scandal, chip6y, because it hag 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 false, though it may appear brilliant ; which is exactly the case of your wliole performance. But, Sir, I am obliged, in the most serious manner, to accuse you of being guilty of falsities. You have said the thing that is not. To Mipport your story, you have recourse to the follow- ing irresistible argument : " Von sold the ctnnpan- ions of your victory, because, when the 16th regiment was given to yau., you was silent. The conclusion is inevitable." 1 believe that, anch deep and acule reasoning could only come from such an extraordina- ry writer as Junius. But, unfortunately for you, the premises, as well as the conclusion, are absolutely fal?c., Many applicatinns have been made to tlic Ministry, on the subject of the Manilla ransom, since the time of my being colonel of that regiment. .\h I have for Bomeyears quitted London, fwasobligrcl to have recourse to the Honourable Colonel Mon^on, and Sir Samuel Cornish, to negotiate for me. In lli« lastantnmn, I personally delivered a mrmorial to llu» Earl of SheibtM-ne, at his seat in Wiltshire. As you have told us of your importance, that you are a pei ' m 31^ NWS, pon of ranTi and fortvine, and above a cnrumoo hnhe, you may, in all proI)abi!i(_v, be not unknown to ]»is Lordship, who can satl.-fy you of the truth of what 1 say. But 1 shall now take the lihorty, Sir, to seize your battery, and turn it against yourself. If your puerile and tinsel logic could carry the least weight or cnnvii-tion with it, how must you stand affacted by the inevitable conclusion, as you are pleased to term it? According to Junius, silence is Ruilt. In many of the public papers, you have been culled, in the most direct and offensive terms, a liar, and a coward. When did you reply to these foul accusations? You have been quite silent, quite chop-fallen: therefore, because you was silent, the nation has a vij^ht to pronounce you to be both a liar and a coward, from your own argument. But, Sir, ! will give you fair play; willafFird you an oppor- timity to wipe off the first appellation, by desiring the proofs of your charge against me. Produce them ! To wipe off the last, produce yourself. People can- not bear any longer 3'our lion's skin, and the despica- ble imposture of the old Roman name ivhich you have affected. For the future assume the name of some mod:'rn* bravo and dark assassin : bt your ap- pellation have some affinity to your practice. But if I must perish, Jmiius, let me perish in the face oi day; be for once a gencroiis and open en^my. i allow, that Gothic appeals to cold iron are r^o bettfr proofs of a man's honesty -^nd veracity, than hot iron and b'.irnjnjj plotigh shares are of female chastity ; Tjiit a soldier's honour is as delicate as a woman's; it must not be suspected. You have dared to throw more than a suspicion upon mine : you cannot but inow the cousequences, which even the meekness of Christianity would pardon me for, after the injury you have done me. ^ WILLIAM DRAPER. ^ * "Was Brutus an ancient bravo and dark assassin 1 Or does hir W. O. '-hiuk it crimi.ial t» st«b a tyrant to the "heiirt. LETTER XXV. Hsret lateri lethal is aruudo. To Sir Willidm Draper, Knight ofthtBaih. «m, SEPTEMfiER 25, 176r>. After bo long an interval, I did not expect to sec the debate revived between us. My answer to your last letter ehall be short; for 1 write to yavi Avith re- luctance, and I hope we shall now conchide'our cor- respondence for ever. Had you been, originally, and without provocation, attacked by an, anonymous writer, you would have some right to demarid his name. But in tins cause yon are a volunteer. You engaged in it with the un- premeditated gallantry of a soldier. You were con- tent to set your name in opposition to a man who would probably continue in concealment. You un- derstood the terms upon which we were to correspond, and pare at least a tacit assent to them. After vo- luntarily attacking; me, under the cliaracter of Junius, what possible right have you to know me under any other i' Will you forgive me if I insinuate to you, that you foresaw some honour in the apparent spirit of coming forward in person, and that you were not quite indifferent to the display of your literary quali- fications i' You cannot but know, that the republication of my letters was no more t!r.)n a catch -penny contrivnnce of a printer, ir) which it was impossible I should he concerned, and for which I am in no way answerable. At the same lime I wish you to understand, that if I do not take the trouble of reprinting these papers, it is not from any fear of giving cffence to Sir William Draper. ^ Vour rennrks upon a signature adopted merely for di«itiuction, nre unworthy of notice: but when you tell me 1 have suhmiUed to be called a liar and a coward, 1 must ask you in my turn, whether you seriously tliiok it in any way incunibeut on me Xo take notice of the silly invectives of every simjiletou who writes in a newspaper; and what opinion you would have conceived of my discretion, if I t\v\ lU) JUNIUS. £;ifft?red myself to be the dupe of so shallow ns arti- fice P Your appeal to the sword, though consistent enough *"ith your lateprofesfiiori, will neithef prove your ia- viocence, nor clear you from suspicion. Your com- plaints with regard to the Manilla ransom, were, for » considerable time, a distress to government. You were appointed (greatly out of your turn) to tllf command of a regiment; and during that administra- tion we heard no more of Sir William Draper. The facts of which I speak tnay, indeed, be variously ac- counted for J buttiiey are too notorious to be denied j iind I think you mi<^ht have learned at the university, that a false conclnsiod iyan error in argument, not a breach of veracity. Your solicitations, i doubt not, were renewed under another admini.^tration. Admit- tioa; tlje (avA, I fear an indifierent person would only infer from it, that experience had made you acquaint- ed with the benefits of complaining., liemember, Sir, ti)at you have yourself confessed, that, considering the ffiiical situation of this country, the Ministry are in the right to tempoHse with Spain. This confession reduces J- on to an unfortunate dilemma. By renewing your eoUcitations, yon must either mean to force your country into a war at a most unseasonable juncture, or, having no view or expectation of that kind, that you look for nothing but a private compensation ta yaursclf. As to me, it is by no means necessary that 5 should he exposed to the resentment of the worst and the most powerful men in this country, though 1 may be indif- ffrent about yours. Though you would fight, there fivf^ others wlio would assassinate. But, afuT all. Sir, where is the injury? You assure mo, tii.it my logic is puerile and tinsel; that it carries^ pot t!:e least weight or conviction ; that my premises ijre fal~p, -uid my conclusions absurd. Ifthisbea just dr«Pcri,)tion of me, how is it possible for sucii a writer to di turb yoi.r peace of mind, or to injure a character go weliestablifhpd as yours p Take care, birVVilliam,. liow you indulge this unruly temper, le«t the world should suspect that conscience has some share in your iosentineut?. ' You have more to fear from the trea- chery of your own passion?, than from any rnalcvo- Jinec of laii^e. JUiNlLS. 11 V. .1 heliwe, S-ir, you will never know me. A con«l- dirahle time must certainly elapse l)fifore wfe are per tonally acquaintod. , Yo;i need not, however, rtjict the delay, or suffer an apprehension, that any length of time can restore you to ti-.e Christian meeknes? of yonr temper, and disappoint your present indignation. If I iinderstaiid your character, there is in yoia- own breast a repository, in which your resentments inay be safely laid up for future occiision?, and preserved without the hazard of diminution. The odia in Ion- gum jaccns, qua recondcret, auctcquc proincrct, I tliougfit had only belonged to the worst character of antiquity. The text is in Tacitus: you know bet! where to look for the commentary. JUNIUS. LETTER XXVI. A Word at parting to Junius. *siR, October 7, 173? As you have not favoured rae with either of the e\.- planations demanded of you, I can have nothing more to say to you upon ray own account. Your mercy to me, or tenderness for yourself, has been very great. * Measures, and not men, is the common cant of aOccted moc]ei-«tion ; a base counterfeit language, ("ahricated by knave:^, and made curreut among lnolii. Pueh gentle cm sine is not fitted to the present ilegcne rat estate of society What does it avail to expose the at surd contrivance, or pernicious tendency of measures, if the man xvlio advises, or executes, shall be suKered. not only to escape with inv punity, but even to preserve bis power, and insult us vrit'i the favour of his Soveiei^n. I would reccmtiiend to t'l- reader the whole of Mr. Pope's letter to Doctor Arhuthno' , dated July 26th, 1734, from which the followiij;; is an e\, tract : " To reform, and not to chastise, I am afraid is im- possihle ; and that the best precepts, as well as the 1 est law.^, would prove of small use, it there were no example* to eri:C!ce them. To attack vices in the al«tract without touching perscjis, may be safe fightins indeed, but it is fighting -with shadows. My greatest comfort and encou- ragement to proceed has been to pee, that those who have po aharae, and no icar of any tliisg else, have appeared toucketi by wy satires." U.2 -Ji?NIU8. The publk will judge of your motives. Ifyonp exc^s* of modesty forbids you to produce cither the proofs or yourself, I will excuse it. Take courage; 1 have not the temper of Tiheriu?, any more than the rank of power. You, indted, are a tyrant of another sort; 'And, upon your political bed of torture, can excruci- ate any subject, from a first mioibter down to ?uch a §rub or butterfly as mysell; like another detested tyrant of antiquity, can make the wretched sufferer €t the bed, if the bed will not fit the sufferer, by dis- jointing or tearing the trembling limbs, until they are •tretched to its extremity. But courage, constancy, and patience, under tonnents, have sometimes caused the most hardened nions-ters to relent, and forgive the object of their cruelty. You, Sir, are determined to try ail that human natnre can endure, until she ex- jiires; else, was it possible that you could be the au- ' thor of that most inhuman letter to the Duke of Bed- ford, 1 have read v.ith astonishment and horror? Where, Sir, where were the feelings of yonr own heart, r.heq you could upbraid a most affectionate fatheF withthelossof his only and most amiable son p Read over again those cruel lines of yours, and let them v/ring yoiir very soul! Cannot political questions be discussed, witliout descending to the most odious per- ionalities? Must you go wantonly out of your vvny to torment declining age, because the Duke of Bed- ford-may have quarrelled with those whose cause and " politics you espouse? For shame! For shame! Ai ■' you have spoke7i daggers to him, you may justly dread the use of them against your own breast, did a wa-nt of courage, or of noble sentiments stimulate him to such mean revenge. He is above it; he is brave. Do yoi! fancy tiiat your own base arLs havt> infected our whole island!^ But yoiii" own reflections, yonr own conscience, muft, and "ill, if you have any spark of humanity rcmainirsg, give him mopt anijile vengeance, TS'ot all tite poiVc-r of U'ord.% with whiclj yo«i are so j^iaced, will cvo.r wash out, or even palliate, this foul Blot in your character. J hare not time at present to ciissei't .vour k-ttei' so njh)utely es f could wish ; bat I Viiil be bold enough to say, that it i."- (as to reason and j'.rgument) tho mort extraordinwy piat-e of ft oridiiii- pHence that w^i< ever imposed upon the eyes and ears or the io& credfiio'.re n ad tl'lndcd ^Bok it avcrires t"!«r JUNIUS. lis Bulce ©f Bedford of high treason. Upon what foua« djition? Veil tell us, " the Duke's pecuniary charac- ter tn.ikes it more than probable, that he could not have made such sacrifices at the peace without some private compensations; that his conduct carried with it an interior evidence, beyond all the legal proofs of a court of justice." My academical education, Sir, bids me tell you, that it. is necessary to establish the truth of yoju" first proposition, before yon presume to draw inferences from it. First prove the avarice, before you make the rash, hasty, and most wicked conclusion. This father, Junius, whom you eall avaricious, allowed that son eight thousand pounds a year. Upon his mo?t unfortunate death, which your usual good na- ture took care to remind him of, he greatly increased the jointure of the afflicted lady his widow. Is this avarice .f' Is this doing good by stealth.'' It is upon re- cord. If exact order, metliod, and true economy as a master of a family; if splendour and just magnifi- cence, without wild waste and thoughtless extrava- gance, may constiUite the character of an avaricious Man, the Duke is guilty. But, for a moment, let us admit that an ambassador may love money too much, Avhat proof do you pive that he has taken any to be- tray his country ? Is it hearsay, or the evidence of letters, or ocular; or the evidence of those concerned in this black affair? Produce your authorities to the public. It is a most impudent kind of sorcery, to at- tempt to blind us with the smoke, without convincing us tliat the fire has existed. You first In-and him with a vice that he is free from, to render him odious and suspected. Suspicion h the foul weapon with which you make all your chief attacks; with that you stab. But sliall one of the first subjricts of the realm be ruined in his fame, shall even his life be in constant t' inger, from a charge built upon such sandy founda- tions p. Must his house be besieged by lawless ruffians, liii Journies impeded, and even the asylurr- of an altar be insecure from assertions so base and false .^ Potent as be is, the Duke is amenable to justice; if guilty, pfinldhablft. The parliament is the high and soleras frihuual for n)'\ttcrs of Mich great moment; (o that be tlipy jpnliBtitted. Bat 1 hopp, ^Iso. that sotae BotS';'e 114 lUPJIUS. will be taken of, and some punishment inflicted iipou, false accusers; especially upon such, Junius, who arc wilfully false. In any truth I will agree even with Junius; will agree with him that it is highly unbeco- ming the dignity of Peers to tamper with boroughs. Aristocracy is ^s fatal as democracy. Our con^'titu- tion admits of neither. It loves a King, Lords, and Commons really chosen by the unbought suffrages of a free people. But if corruption only sliifts hands, if the wealthy commoner gives the bribe instead of the potent peer, is the state better served by this ex- change p Is the real emancipation of the borough effected, because new parchment bonds may possibly supersede the old ? To say t!ie truth, wherever such practices prevail, they are equally criminal to, and destructive of, our freedom. ^ The rest of your declamation is scarce worth con- sidering ; except for the elegance of the language. Like Hamlet, in the play, you pioduce two pictures: you tell us, that one is not like the Duke of Bedford ; tlien you bring a most hideous caricature, and tell us of the resemblance; but multum abludit imago. All your long tedious accounts of the mini>terlal quarrels, and the intrigues of the cabinet, are reduci- ble to a few short lines; and to convince you. Sir, ■that I do not mean to flatter any minister, either past or present, these are my thoughts : they seem to have acted like lovers, or children ; have *pouted, quarrel- led, cried, kished, and been friends again, as the ob- jects of desire, the ministerial rattles have been put into their hands. But such proceedsngs are vrry un- worthy of the gravity and dignity of a great nation. We do not want men of abilities, but we have wanted steadiness: we want unanimity; your letters, Juiiiu?, will not contribute thereto. You may one (Uy expire by a flame of your own kindling. But it is my humble Oi.'in!on, that lenity and moderation, pardon and ob- livion, will disappcHit tlie efforts of ail tiie ^editions in the land, and extinguish their wide-spieading fires. I have lived with this sentiment; with t!iis I shall die. WILLIAM DRAPER. * 'Sir William gives tn a pleasant accmtnt of men,nho, in kis »pinien at least, er« t^e best qvalificd to govern «n crnpije. JUNIUS. 115 LETTER XXVI r. To the Printer of the Public Jdvertiser. giB, October 13, 1769. If Sir William Draper*sbed be a bed of torture, he has made it for himself. I shall never interrupt his repose. Having changfed the subject, there are parts of his last letter not undeserving of a reply. Leaving his private character and conduct out of the question, I shall consider him merely in the capacity of an au- thor, wliose labours certainly do no discredit to a newspaper. We say, in common di>:course, that a man may he bis own enemy ; and the frequency of the factniakes the expression intelligible. But that a man should be the bitterest enemy of big friends, implies a contra- diction of a peculiar nature. There is something in it which cannot be conceived without aconfusion of ideas, nor expressed without a solecism in language. Sir William Draper is still that fatal friend Lord Granby found him. Vet, lam ready to do justice to his generosity ; if, indeed, it be not something more than generous, to be the voluntary advocate , that no outward tyranny can reach the mind. If conscience plays the tyrant, it would be greatly for the benefit of the world tliat she -were- more arbitrary, and far less placable, than some men find her. But it seeinsJ have outraged the feelings of a fa- ther's heart. Am I, indeed, so Injudicious.'' Docs Sir William Draper think I would have hazarded my credit with a generous nation, by so gross a violation of the laws of humanity ? Does he think I am so lit- tle acquainted with the first and noblest character- i4ic of Englishmen ? Or, how will he reconcile such folly vi'ilh an understandiogso fiiUo* artifice as mine ? 116 JUNIUS* Had he been a father, he would have becu but little •(fended with the severity of the reproach, for Itia mind vrould have been filled with the justice of it. He would have seen that 1 did not insult the feelinp f)f a father, but the father who felt nothing. He would have trusted to the evidence of his own pater- Dai heart, and boldly denied the possibility of the fact, inptead of defending it. Against whom then will his honest indignation be directed, when [ as- sure him, that this whole town beheld the Duke of Bedford's conduct, upon the death of his son, with Jiorror and astoni^^hraent. Sir William Draper doei himself but little honour in opposing the general sense or his country. The people are seldom wrong in their opinions ; in their sentiments they are never mistaken. There may be a vanity perhaps in a sin- gular way of thinking : but,. when a man professes a want of those feelings which do honor to the multi- tude, he hazards eomething infinitely more impor- tant than the character of his understanding. After all, as Sir William may possibly be in earnest in his anxiety for the Duke of Bedford, I should be glad to relieve him from it. He may rest assured, this wor- thy nobleman laughs, with equal indifference, at my reproaches, and Sir William's distress about hira. But here let it stop. Even the Duke of Bedford, iti- Rpnsil)!e as he is, will consult the tranquillity of his life, in not provoking the moderation of my temper. If, from the profonnqest contempt, I should ever ris« into anger, he should soon find, that all 1 have already said of him, was lenity and compassion. Out of a long catalogue. Sir VV"iI!iam Draper has confined himself to the refutation of two charges on- ly.' The rest he had not time to disctiss ; and, in- deed, it would have been a laborious undertaking. To draw up a defence of such a series of enormities, would have required a life, at least as long as that which has been uniformly employed in the practice of them. The public opinion of the Duke of Bed- ford's extreme economy is, it seems, entirely with- out foundation. Though not very prodigal abroad, in his own family, at least, he is regular and mag- nificent. He pays his debts, abhors a beggar, and makes a handsome provision for his son. His charity has i\nproved upon the proverb, and ended where it began. Admitting the whole force of this fingle in- lOMUS. 117 ♦tancc of his domestic generosity, (wonderful indeed^, coDfidering the narrowness of liis fortune, and the little merit of Iiis only son) the public may still, per- haps, be dissatisfied, and demand some other less c- quivocal proofs of his munificence. Sir William Dra- per shoold have entered boldly into the detail of in- digence relieved, of arts encouraged, of science pat- ronised, men of learning protected, and works of genius rewarded. In short, had there been a single instance beside Mr. Rigby,* of blushing merit, brought forward by the Duke for the service of the public, it should not have been omitted. I wish it were possible to establish my inference trith the same certainty on which I believe the prin- ciple is founded. My conchision, however, was not drawn from the principle alone. lam not so unjust as to reason from one crime to another : though I tliiak that of all the vices avarice is most apt to taint and corrupt theheart I combined the known, temper of the man, with the extravagant concessions made by the ambassador; and though I doubt not ti'jfficienl care was taken to leave no document of any tpv^asonable negotiation, 1 still maintain that the conductf of this minister carries with it an internal nnd convincing evidence against him. Sir William Draper seems not to know the value or force of such « proof. He will not permit us to judge of the mo- tives of men, by the manii'est tendency of their ac- tions, nor by the notorious character o'f their minds. He calls for papers and witnesses with a triumphant security, as if nothing could be true but what could be proved in a court of iustice. Yet a reliTOus man might have remembered upon what found;ition some truths, most interesting to mankind, have been re- ceived andestablished. Ifit were not for the internal evidence wlii.^h the purest of i-eligions carries with it, what would havn become of his once well quoted dec- alogue, and of the meekness of his Christianity. '1 he generous warmth of his resentment makes him * This geotlemcn is supposeil to have the same idea of blushing, that a man, bliad from his birth, has of scarlet or sky-blue t If Sir W. D. will take the trouble of looking into Tor- cy's Memoirs, he will see with what little cereraany a bribe may be offeredto a Duke, M*with what little cere- jnsny it -was only not accepkd. 118 JUNIUS. confoaod tire order of event?. He forgets tljat ttje insults and distresses which the Duke oi Bedford has stifFered, and which Sir VVillianj has lamented, with many delicate touches of t.'ie true pathetic, were only recorded in my letter to his Grace, not occa- sioned by it. It was a simple candid narrative of jPacts; though, for aught I know, it may carry with it soinething prophetic. His Grace, imdonbtedly has received several ominous hints; and, I think, in cer- tain circumstances, a wise man would do well to pre-, pare himself for the event. But I have a charge of a heavier nature against Sir William Draper. He tells us that the Duke of Bedford is amenable to justice; that Parliament is a high and solemn tribunal; and that, if guilty, he may be punished by due course of law: and all this he says with as much gravity as if he believed one word of the matter. I hope, indeed, tlie day of im- peachments- will arrive before this nobleman escapes out of life ; but, to refer us to that mode of proceeding now, with such a Ministrj'-, and such a House of Commons, as the present, what is it but an indecent mockery of the common sense of the nation ? I think he might have coutented himself with defending the greatest enemy, without insulting the dis- tresses of his country. His concluding declaration of his opinion, with respect to the present condition of affairs, is too loose and undetermined to be of any service to the public. How strange is it that this gentleman should dedicate so much time and argument to tite defence of worth- less or indifferent characters, wiiilehe givesbut seven eolitary lines to the only subject which can deserve his attention, or do credit to his abilities. JUNIUS. LETTER XXVIII. To the. Printer of the Public Advertiser. SIB. October 20, 1759. I vEav sincerely applaud the spirit with which a lady has paid the debt of gratitude to her benefactor. Though I think she has mistaken the point, she showsi JUNIUS. 119 IsTvirtJie whieh makes her respectable. Tlie question kirned upon the personal generosity or avarice of a man wh«..-e private fortune is immense. The proofs of his munificence must be drawn from the uses to • which he has applied that fortune. 1 was not speak- ing of a Lord Lieutenant of Ireland, but of a rich ,English Duke, whose wealth gave him the means of doingasmucii good in this country, as he derived from his power in another. I am far from wishing to les- sen the meritofthisFinglebenevolent action ; perhaps it is the more conspicuous from standing alone. All I mean to say is, that it proves nothing in the present argument. JUNIUB. LETTER XXIX. J.ddrtsstd to the Priiiter of the Public JdvertiHr. SIR, October 19, 1769. I Ait well assured that Junius will never descend t« dispute with such a writer as Modestus (whose letter appeared in the Gazetteer of Monday) especially a» the dispute must be chiefly about words. Notwith- Itanding the partiality of tiie public, it does not ap- pear that Junius values him«elf upon any superior •kill in composition ; and 1 hope his time will always be more usefully employed than in the trifling refine- iments of verbal criticism. Modestus, however, shall ihave no reason to triumph in the silence and mode- ration of Junius. If he knew as much of the propriety of language, as I believe, l)e does of the facts in ques- tion, he would have been as cautious of attacking Ju- nius upon his composition, as he seems to be of enter- ing into the subject of it; yet, after all, the last is the only article of any importance to the public. I do not wonder at the unremitted rancour with which the Duke of Bedford and his adherents invari- ably speak of a nation, which we well know has been too much injured to be easily forgiven. But why- must Junius be an Irishman p The absurdity of his nritings betrays him. Waving all considerations of the insult offered by Modestus to the declared judg- ment ©f the people (they may well bear this amongst 120 JUNIUS. *he rest) let lis follow the several instance*, and try j whether the charge be fairly giipported. First, theo, the leaving a man to enjoy such a re-' pose as lie can find upon a bed of tortiiro*, is severe indeed; perhaps too much so, when applied to such a trifler as Sir U'lliiaiji Draper; but there is nothing absurd eitlier in the idea or expression. Modeptlis cannot distiosuish between a sarcasm and a contra- diction. 2. I affirm, with Junius, that it is the frequency of the fact which alone can make us comprehend how a man can be his ovvn enemy. We should never arrive nt the complex idea conveyed by those words, if we had only seen one or two instances of a man actin;; to his own prejudice. Offer the proposition to a child I or a man unused to compound his ideas, and you will j soon see how little either of them understand you. j It is not a simple idea, arising from a single fact, but ! a very complex idea, arising from many facts, well observed, and accuiately compared. .3. Modestus could not, without great affectation, mistake the meaning of Junius, when he speaks of a man, who is the bitterest enemy of his friends. He could not but know, that Junius spoke not of a false or hollow friendship, but of a real intention to serve, and that intention producing the worst effects of en- mity. Whether the description he strictly applica- ble to Sir William Draper, is another question. Ju- nius docs not say, that it is more criminal for a man to be tlic enemy of his friends than his own ; though lie miglit have affirnud it with truth. In a moral lis;ht, a man may certainly take greater liberties with himself, than witli another. To sacrifice ourselves merely, is a weakuesfi we maypudulge in, if we tbink i proper, for we do it at our own hnzard and expense; but, under the pretence of friendship to sport with the reputation, or 8i:''if5ce the honour, of another, is som-'t.'iing worse than tfreakncss: and if, in favour of tlie foolish intention, we do not call it a ci ime, we must allow, at least, Unt it a; ises from an overween- ing, busy, meddling iuitaideuce. Junius says, only, and he saystruiv, t; -.tit ismoreevtraordin.-ry ; that it involves agnate; contradiction than the other; and, is it not a maxim received in life, that, in gene- ral, we can determine mjrewisely for others than - for ourselves ? T he reason of it is so clear in arguraeot. ivmvs. ^^ tat It hardly wants the conHrmation of Mperience. r William ^Draper, 1 confess \s nn excepUon to the eaeral rule, though not much to Ins credit. ^ Tlf this gcnlleman will go back to ^» ^thicB he ,ty pe haps, discover the truth of what Jnn,ns saye, n^lnoouLrd tyranny "'^^f '^V^^^hf wav of -orturesof thebody may ^e mtrodnced by way ot rnamt?nt or ilhistratioo, to ^-^P resent those of^ the S but strictly, there is no similitude between hem-' they a e'totally different, both in their cause nd nnevaUon. The wretch who suffers iipon the ack^s merely passive : but, when the mind is tortur- •d it =Vot at the command of any outward power ; t is the sense of gi.iU which constitutes the pumsh- oent and create, that torture with which the guilty "5 'ne^nrsqilllf what Junius says of conscience, ind makes the sentence ridiculous by making it his ■*To much for composition. Now fo'-^^f • /""i"?*' t seems has mistaken the Buke of Bedford. His Grace hk all the proper feelings of a father though tie took care to suppress the appearance of them. V et It was an occasion, one would think, on wlucti he ieed not have been'ashamed of.hi. grief; on which less fortitude would have done him more honour I WTi conceive, indeed, a benevolent motive [o'"' en- deavouring to assume an air of tranquillity in his own- ramily ; and 1 wish I could discover any thing m the rest of his character, to just fy my assigning t^iat mo- tive to his behaviour. But is there no medium P Wa« necessary to appear abroad to ballot at the India- House, and make a public display, tliough it w^re only "fan apparent insensibility P I know we are treading on tender ground; and Junius, I am c^n^^f^^'- nSa not wish to urge this question further Letthefnenda of the Duke of Bedford observe that humble silence ^hich becomes their situaticy. They^ should recol- lect, that there arc still gome facts m store at ^^hlch human nature would shudder. 1 shall be "tide'- t<«>d by those whom it concerns, when 1 say, that t.iese facts go further than to the Duke.* * mthin a fortnight after ^^''"d Tai;JJ«ocfc'jd«/ttA,/J<- rf«e. rabk GcrtruiK had a route at Btdford twuse. J hi gf^od Vui^e l.2g JUNltJ.S. It 18 not inconsistent to suppose, that « mas »ay ke quite indifferent about one part of a charge, yet se- verely stung with another: and though he feels no remorse, that he may wish to be revenged. The charge of insensibility carries a reproach, indeed, but no danger, with it. Junius had said, There art others who would assassinate. Modestus, knowiug his man, will not suffer tite insinuation to be divided, but fixes it all upon the Duke of Bedibrd. Without determining upon what evidence Juni«M would choose to be condemned, I will venture to maintain, in opposition to Modestus, or to Mr. Rig- by (w^o is certainly not Modestus) or any of the Bloomsbury gang, that the evidence against the Duke of Bedford is as strong as any prepuraptive evidence can be. It depends upon a combination of facts and reasoning, which require ho confirmation from the anecdote of the Duke of Marlborongli. This anec- dote was referred to, merely to show how ready a ercat man may be to receive a great bribe: and if Modestus could read the original, he would see, that the expression only mt accepted, was, probably, the only oue in our language tluit exactly fitted the case. The bribe offered to the Duke of Marlborough wa» not refused. . I cannot conclude without taking notice of this ho- nest gpnlleman's learning, and wishing he had given us a little more of it. When he accidentally found himself so near speaking truth, it wa.« rather unfair of hiiu to leave out the non potuisse refdli. As it stands, the pudet hctc opprobria may be divided equally be- tween Mr. Rigby and the Duke of Bedford. Mr. Righy, 1 take for granted, will assert his natural (n-ho had onlii sixtj/ thowand poutids a year) ordered an inven- tory to be taken ofklx son^s n:e,aring apparel, durvn. to his slip- pers, sold thtm all, and put ike mcru-y in his pocket. Tlit timiablc Marchioness, shocked at such brutal, unfeeling avarice, gave the value oj the cloihcf to the Marquis's servant, out lex us with tiie multitude of their offences. Theexpedient is worthy of the Duke of Grafton. But though he has pjcserved a gradation and variety in his measures, we should remember that tli^ princij)le is uniform. Dictated by the same spirit, Ih -y deseivp the snme attention. The following fact, tlioiigh of tlie most alarming nature, has not yet been <:ihniriy stated to the public ; nor have tlie consequen- cert of it been BufEcienlly tmder..-tood. Had 1 taken it up at ao early pet i'x!,' J sIiohIJ haye been accused af 124 JUNIUS. an uncandid, malignant precipitation, as iTI watch* for an unfair advantage against the Ministry, at would not allow them a reasonable time to do the duty. They now stand without excuse. Instead employing the leisure tliey have had, in a stiict e amination of the offence, and punishing the offendei they seem to have considered that indulgence as security to them: tliat, with a little time and m nagement, the whole affair might be buried in silenc 1 and utteily forgotten. A major general* of the army is arrested by th slierifF's oflficers for a considerable debt. He pe? suades iheni to conduct Iwm to the Tilt-yard, in 'M Jriniee's Park, under some pretence of business, whi(i it imported him to settle before he was confined. K applies to a sergeant, not immediately on duty, ( assist, with some of his companions, in favouring h escape. He attempts it. A bustle ensues. ^Fl bailiffs claim their prisoner. An officer of the guardsf not then on duty, take part in the affair, and applies to the^ lieutenant com manding the Tilt-yard guard, and urges him to turi out his guard to relieve a general officer. The liei tenant declines interfering in person,, but stands at distance, and suffers the business to be done. Th officer takes upon himself to order out the guard. 1 a moment they are in arms, quit their guard, raarcl rescue the general, and drive away the sheriff's of! cers, who, in vain, represent their right to the pv: «oner, and the nature of the arrest. The soldier first conduct the general into the guard-room, the escort him to a place of safety, with bayonets fixec and in all the forms of military triumph. I will nol cnlaree upon the various circumstances which attenc ed this atrocious proceeding. The personal injur received by the officers of the law, in the executio of their duty, may, perhaps, be atoned for by som jirivate compensation. I consider nothing but th wound which has been given to the law itself, t whicli no remedy has been applied, no satisfaclioi made. Neither is it my design to dwell upon tht misconductof the parties concerned, any further thai * Major General Gansel 1 Lieutenant Dodd. X Liautenant Gartfe. JUxMUS. 125 •ossnry to show the behaviour of the Ministry in ;e light. I would make every compas.sionrite nice for the infatuation of the prisoner, the ctul criminal discretion of one officer, and the >s of iinother. I would leave tiie ii^norant ? entirf*ly ont of the question. They are ;:ily ince have been sacrificed, without scruple, to ' the security of their guilty officers. I have been accused of endeavouring to inflame the pa3>ions of the people. Let me now appeal to their understanding. If there be any tool of administra- tion, daring enough to deny these facts, or shameless enough to defend the conduct of the ministry, let him come forward. I care not under what title he ap- , pears. He shall find me ready to maintain the truth , of niy narrative, and the justice of m)' observations 1 upon it, at the hazard of my utmost credit with the 1 public. I Under the most arbitrary govern ments, the comm on r administration of justice is suffered to take its course. IThe subject, though robbed of his share in the legisla- iture, is still protected by the laws. The political ■freedom of the English constitution was once the . pride and honour of an Englishman. The civil equality of the laws preserved the property, and idefendrd t!ie safety of the subject. Are these glori- ous privileges the biithright of the peoi)le, or are we only tenants at will of thi^ Ministry p Rut that I vknow t'lere is a spirit of resi4anceiir the hearts of my countrymen; that they value life, tjot by its conve- uiencips, but by the independ<. nee and dignity oftheir condition; I should, at liiis momrut, appeal only to .theii' discretion. I should persuade tliem to bani^ 123 JUNIUS. from their minds all memory of what we were; I should teil them this is not a time to remember that we were Englishmen ; and give it, as my last advice, to niake stmie early agreement with the Minister, that, since it has pleased him to rob us of tho.«e poli- tical rights, which once distinguished the inhabitants of a country where honour was happiness, he would leave us at least the humble, obedient security of citizens, and graciously condescend to protect ns in our submission. JUNIUS. LETTER XXXI. To the Printer of the Public Advertiser. SiK, November 14, 1769. Thb variety of remarks which have been made upon the last letter of Junius, and my own oiinion of the writer, who, wiiatever may be his faults, is cer- tainly not a weak man, have induced me to examine, with some .attention, the subject of that letter. I could not persuade mj^^elf, tiiat, while he hid plenty of important ma-eriils, he would have tiken up a light or trifling occasion to attack the Mini -try; much less could 1 conceive, that it was his intention to ruin the officers concerned in the rescue of General Gan- sel, or to injure the General himself. These are little objects, andean no way contribute to the great pur- poses he seems to [>ave in view, by addressing him- self to the public. Without considering the oinament- ed style he has adopted, I drterinined to look further into the matter, befoie I decided upon the merits of his letter. The first step I took was to inquire into the truth of the facts; for if these were either false or misrepresented, t!)e most artful exertion of his under- standing, in reasoning upon them, would only be a di:^grace to him- Now, Sir, f have found every cir- cumstance stated by Junius to be literally true. G'm- eral Gansel persuaded the bailiffs to conduct him to the parade, ^nd certainly solicited a corporal, and other soldiers, to assist him in making his escape. Ca;;tain Dodd did certainly apply to Captain Garth for the assistance of his guard, Captaia Garth de- JUNIUS. 129 clined appearing himself, but stood aloof while the other took upon him to order out the King's guard, and by main force rescued liie- General. It is also gtrlctlv true, that tlie General was escorted by a file of musqueteers to a place of security. These are facts, Mr. W^oodtall, whicli I promise you no j^entleman in the guards will deny. If all, or any, of them arc false, why are they not contradicted by the parties themselves? However secure against military cen- sure, they have yet a character to lose; and surely, if they are innocent, it is not beneath them to pay some attention to the opinion of the public. The force of Junius's observations upon these fact?, cannot be better marked, than by stating and refuting the objections which have been made to them. One writer says, " admitting the officers have offended, they are punishable at common law ; and will you have a British subject punished twice for the same offence .P I answer that they have coniraitted two offences, both very enormous, and violated two laws. The rescue is one offence, the fl.!grant breach of dis- cipline another; and hitherto it does not appear that they have been punished, or even censured, for ei- ther. Another gentleman lays much stress upon the calamity of the case; and, instead of disproving facts, appeals at once to the compassion of the public. This idea, as well as the insinuation, that depriving the parties of their cornmissisns imuld he an injury to their creditors can only refer to General Gansel. The other officers are in no distress ; therefore, have no claim to compassion: nor does it appear that their creditors, if they have any, are more likely to be satisfied by their continuing in the guards. But this sort of plea will not hold in any shape. Com- fiassion to an offender, who has grossly violated the aw, is, in effect, a cruelty to the peaceable subject who has observed theni : and, even admitting the force of any alleviating circumstances, it is neverthe-. less true, that, in this instance, the royal compassion has interposed too soon. The legal and proper mercy of a King of England miy remit the punishment, but ought not to stop the trial. Beside these particular objections, there has been aery raised against Junius, for his malice and injus- tice in attacking the Ministry upon an event which 1J« JUNIUS. they could neither hinder nor foresee. ThU, I must affirm, is 3 false repre^entition of his argument. He lays no stress upon the everititself, as a gio.iud of ac- cnsation against the Ministry, but dwelis entirely upon their Hibseqnentcondiirt. He doesnntsay tiiat thy me answerable fur iheoflencp, but for the scanda- loUf! neglect of their duty, in puffi-ririg an offence so fla.i^rant to pass by without notice or inquiry. Sup- posing them ever so reg-.udless of what they owe to the public, and as indifferent about the <>;iir)iort, as thej'- are about the interests, oftheir country, what answer, as the officer? of the crown, will they give to Jnniti'', when he ;^sks them, Are they anmrtofi'ic out- rage oTeied to their Sovereign, 7vhen his 07vn proper guard isorder<,dout to stop, by main force, the execu- tion of his lans 7 And when we see a Mini -ftiy giv- ing such a strange, unaccountable protection to the officers of the guards, is it unfair to suspect that Ihey have some secret and unwarrantable motives for their conduct ; if they feel themselves injured by such a suspicion, why do tliey not immediately clear them- selves from it by doing their duty p For the honour of the guards, 1 cannot help expressing another sus- picion, th^tif thecommanding office; had not receiv- ed a secret injunction to the contrary, he would, in the ordinary course of his business, have applied for a con It martial to try the two subalterns: the one for quitting his guard ; the other for taking upon him the command of the guard, and employing it in the man- ner he fo.- the care he l)iiji;i (consideriii^ the consequences with wliich it may be attended) to deserve a parliamentary inquiry. When the guards are daring f:no!i;j;ii, not onlj' to violat(» their own di^jcipline, but publicly, and with the mo.«t attrocious violence, to stop the execution of the Iwvi', and when such extraordinary offences pass with impunity, believe me, Sir, the precedent strikes deep. PHILO JUNIUS. LETTER XXXII. To the PriTVter of the Public Advertiser. Sir November 15, 17G9. I ADMIT the claim of a gentleman, who publishes in the Gazetteer under the name of Modestus He lias some right lo expect an answer from me j though, I think, not so much from the merit or imj-'ortance of his objections, as from my own voluntary engage- ment. I hid a reason for not taking notice of him sooner, which, as he is a candid person, 1 believe he will think safficient. In my first letter, I took for granted, from the tinie which had elapsed, that there was no iittention to censure, or even to try, the per- sons concerned in the rescue of General Gansel : but Modestus having since either affirmed, or strongly insinuated, t!iat t!ie offenders miglit still be brought to a legal trial, anyattempt to prejudge the cause, or to prejudice the minds of a jury, or a court martial, would be highly improper. A man more hostile to the Minwtry than I am, would not sooften remind them of their duty. Ifthe Duke of Grafton will not perform the duty of his Btotioa, why is keMiaistec.*^ I will not dujcead t«k 133 JUNIUS. a scuriHous altercntlon wWi any man ; bnt this h a subject too important to be jiasscd over with silent indifFcrence- li" tlse gfiiDcmen, whose conduct is in question, are not brought to a trial, the Duke of Grafton shall hear from me a.<>;ciin. Tiie motives on which- i am supposed to ha. e taken i:p this cause, are oHittle importance crmpared witis the facts themselves, and tlie observations ] have made upon them. Without a v.iin profession ol in- tegrity, which in tliesctimesinigljt ju t!y be suspected, 1 shall show rayf-eU, in fffcct, a friend to the in»erest of my countrymen; and leave it to them to deter- mine, whetrier i am moved by a personal malevolence to three priviite centlemeu; or merely by a hope of perplexing the ministry; or whet:'er I am animated by Hji.st and honourable purpose of obtaining a ■•atis- faction to the laws of this couritry, equal, if possible^ to the violation they have suffered. JUNIUS. LETTER XXXIII. To his Grace the Duke of Qrafton. :vIT LORD, NOVF.MBER 29, 1769. Though my opinion of your Grace's integrity was but little affected by the coyness with which you re- ceived Mr. Vaughan's propo.-als, I confess I give you some credit for your discretion. You had a fair opportunity of displaying a certain delicacy, of whi:rh you had not been suspected, and you were in the right to make use of it. By laying in a moderate stock of reputation, you undoubtedly meant to j)ro- vide for the future necessities of your character, tiiat, with an honourable resistance upon record, you might safely indulge your genius, and yield to a fa- vourite inclination with security. But you have dis- covered your purposes too soon; and, instead of the modest reserve of virtue, have shown us the terma- gant chastity of a priide, who giattfies her jiassions with distinction, and prosecutes one lover for a rape, while'shesolicllg the lewd embraces of another. Vour cheek turuspale; for a g-iilty conscience tells JUNIUS. 138 you, yoli are undone. Come forvrard, thou virtuous Hiiitister, and tell tlie world by what interest Mr. Hiiic has been recommended to so extraordinary a mark of his Majesty's favour; what was the price of the patent he has bought, and to what honourablo purpose tlie purchase-money has been applied. No- thing less than many thousands could pay Colonel Bnr- goyne's expenses at Preston. Do you dare to prose- cute .«uch a creatuie as Vaugban, while you are bare- ly setting up the Royal patronage to auction? Do you dare to complain of an attack upon your own honour, while you are selling the favoursof the Crown, to raiae a fund for corrupting the morals of the peo- ple.^ And do you think it is possible su^h enormities should escape witiiout impeachment? It is, indeed, highly your interest to maintain the present House of Commons. Having sold the nation to you in gross, they will undoubtedly protect you in the detail ; for, while they patronize your crimes, they feel for theii'^ own* JUNIUS. LETTER XXXIV. To his Graci the Duke, of Grafton. a:T LORD, DECEMBER 12, 1769. I KIND, with some surprise, that you are not sup- ported as you deserve. Your mor-t determined advo- cates liave scruples about tiiem, wLiich j-ou are unac- qu unted with ; and though there be nothing too ha- zardous for your grace tn engage in, thtre are some things too iniamous for the vilest prostit.ite of a news- pape • to defend.* In wijat otiier manner s-hall we account for the profound suhmi«sive fi'ence, which yo'i and your friends h;; ve ob-erved upon a charge, which called immedi itc^ly for tue clearest refutation, and would irave justified the severest measures of re- * From the publication of the 'preceding in Ikis date, not one .word was said in dfnce of the Duke of G rtfion. Bit! vice and imjudcncc soon recovered taemselvs, a,;d tin sale of tha racial favour 7vas openly avowed imd dcfciuled. fVe acknow- ledged the ficti^ of St. James'' s, bvt rvluxt is become of its mora- lity ? I F 2 134 JUNIUS. sentment? I did not attempt to blast your charactpr by an indirect, amtiJgiions insinuation; but cnndidiy st:\ted to you a i>lain IViCt, which struck directly at the integrity of a privy counsellor, of a first connnis- sioner of the trcasmj', andoi a Ifaciing minislrr, who is supposed to enjoy the first sh ire in his Mv^jf^';ty'8 confidence.* In evpvy one of these capacities, I em- ployed the most moderate terms to charge ^'oii with treachery to yonr sovereign, and breach of trust ia your oflice. I accused yre it so: and if he deserves it, let him he puni^iied. But tlie learned jud.j;e might have had a fairer oppor- t-unity of displ \y\ng the powers of !)is eloquence. Having delivered iiimself, with so much energy, upon tlie criminal nature, and dangerous con«equpnce of any attempt to corrupt a man in your Grace's station, what would he have said to the Minister himself, to tiiat very Privy Counspllor, to thr.t first coinmissioner of the Treasury, who does not wait for, but impa- liently solicits, the touch of corruption; who employs' the meanest of his creatures in the>:e honourable ser- vices; and, forgetting the genius and fidelity of iiis secretary, descends to apply to his house-builder for assistance p This affair, my Lord, will do infinite credit to go- vernment, if to clear your character, you shoi.ld tt-ink jiroper to bring it into the House of Lordj;, or into the court of King's Bench. But, my Lord, you dare not do either. JUJNIUS. solute. The pleadings and speeches mere accumUly taken in short-hand, and published. Then-hoh cf Lord Manitfield''s speech, and particularly thefoilondng at r acts from it, d.'sertje the readers attention. " J practice of the kind co!7:p!ai!>cd of here is lertainly dishonourable and scandalous. If a ?iian, standing under the relation of an officer under the King, or of a person in whom the King puts confidence, or of a Minister, takes ■money for the use of that confidence the King puts in hi7n, he bascli/ betraijs the King ; hc'bastly betrays his trust. If the Ki7ig sold the office, it noxi'd be acting contrary to the trust ike constitution hnih reposed in him. The constitution does ■not intend the crown should sell those offices to raise a revenue out of them. Is it possible to hesitate nhether this would not be crijninal in the Duke of Grafton? contrary to his duty as a Privy-Counsellor, contrary to his duty as a Minister, covtrary to his duty as a subject ? His advice should be free, according to his judgncnt. It is the duty tf his office; he halh sworn to it." Notwithstanding all this, the Duke of Grafton certainly sold a patent place to Mr. Hint for three thousand five hun- dred pounds. If the House of Commons had done their duty, and inipeachcd the Duke for this breach cf trust, hon rvnfully must poor honest Mansfield have been puzzled I His cmbar- rass7nent mould have afforded the most ridicidous scene that rras ever exhibited. To save the Judge from this perplexity, and the Duke from impeachment, the prosecution against Vaughan ?mi isiTnediatcly dropped. LETTER XXXV. To the Printer of the Public Jdvertiser. SIR, December 19, 1769. \Vhe:< the complaints of a brave and .lowerful pec- pie are observi-d lo increase in proportion to the wrongs they have suff-ied; when, in'^tead of snking into s-iibrai'^.-ion, they are roused to resistance, the time will soon arrive at which t^veiy inicrior consi- deration must yield to the j^ecurity of tiie Sovereign, and to the ijeneial safety of the state. There is a moment of difiically and danger, at which flattery and falsehood can no longer deceive, and simplicity it-elf can no lonj^rr be misled. Let us suppose it arrived: let us suppose a s'"'^cious, well-intentioned prince, made sensible, at last, of the great duty he owes to his people, and of iiis own disgraceful sitaq- tion; that he looks round him for assistance, and asks for no advice, but how to gratify the wishes and secure the happiness of his subjects. In these circum- staiwes, it may be m;Uter of curious .ipeculation to consitier, if an honest man were permitted to approach a king, in what terms he would address himseh to his frovereign. Let it be imagined, no matter how im- probable, that the first prejudice against his ciiaracter is removed; that the ceremonious difficulties of an audience are surmounted; that he feels himself ani- njated by the purest and most honourable affections to his King and country ; and that the great person whom he addresses has spirit enough to bid him speak freely, and understanding enough to listen to him with attention. Unacquainted with the vain imper- tiiicnce of forms, he would deliver his sentiments with dignity and firmness, but not without respect. SIR, It is the misfortune of your life, and oiiginally the cause of every reproach and distress which ha^ attended your government, that you should 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 correct the error of your education. We are still rnclineU to make an 133 JUiNIUS. indulgent allowance for tlie pernicions lessons you received in your youth, and to form the most svingdne hopes from the natural benevolence of your disposi- tion.* We are far from thinking you capable of a direct, deliberate purpose to invade those original rights of yotir subjects, oo which all their civil and political libeities depend. Hrid it b;'en pos wrong, is aduiitted without reluvtauce. We separate the amiable, good-natured princf from tiie folly and treachery of his servants, and tlie private virtues of the man from the vices of his government. VWre it not for tiiis jest distinction, I know not wlietlier your Majesty's condition, or that of the English nation, would deserve rao?t to be la- mented 1 would prepare yonr mind for a ta vourable reception of truth, by removing every painful, offen- sive idea of personal reproach. Your subjects, Sir, wish for nothing, but that, as they are reasonable and atFectionate enough to separate your person from your * The plan nfthe iulelage and future dominion over the heir apparent, laid maiiy years ago, at Carlton- House, between the Princess Dowager and herfavourite the Earl of Bute, was as gross and palpable as that which was concerted between Ann of Austria and Cardinal Mazarine, to govern Louis the Four- teenth, and, in effect, to prolong his minority "imiil the end of their lives. That prince had strong natural parts, and vsed frequently to blush for his own ignorance and want of educa- tion, which had been wilfully ncgected by his mother and her niliiion. A little experience, however, soon showed him how shamefully he had been treated, and for what infamous purpo- ses he had been kept in ignorance. Our great Edward, too, at an early period, had sense enough to understand the riature of the connexion between his abandoned mother, and the detested Mortimer. But since that time, human nature, we may observe, is greatly altered for the better. Dowagers may be chaste, and minions may be hottest. When it 7vas proposed to settle the present King^s household, as Prince of Wales, it is well known, that the Earl (f Bute wasforccd into it, in direct contradiction to the late King's inclination. That was the salliant point from which all the mischiefs and disgraces of the present reign took lift and motion. From that moment. Lord Bute never suffered the Prince of Wales to be an instant out qfhis tight, Wc riscd not iQok farther * jUNics. m government, so you, in your turn, should dlstin2:i!ish between the conduct which becoint-s the ptrinancnt di';riiity of a Kince, whose counte- nance promised even nioretlmn his words ; and loyal to you, not only from principle, but passion-. It was not a cold profe;^pion of allegiance to tiie fiT-.«t magis- trate, but a partial, animated attachment to a fa- vourite prince, the native of their country. 7'hey did not w lit to examine your conduct, nor to be de- termined by experience, but gave you a geneious credit for the future bles>^in'2;s of your reign, and paid you in advance the dearest tribute of their afFections; Such, Sir, was once the disposition of a people, who now surround your throne with reproaches and com- pliintj'. Do justice to yourself. Bniis!) from your mind those unworthy opini-ins, with which some in- terested persons have laboured to pos'^ess yon. Dis- trust the men who tell you th-tt the English are naturally light and inconstant; that they complain without a cause. Withdraw your contidence equally from all parties; from ministers, favourites, and rela- tions; and let there be one moment in your life, in which you have consulted your own tuiderstandl.'ig. Witen you affectedly renounced the name of En- glishman, believe me, Sir, you were persuaded to pay a very ill-judged compliment to one p-.ut of your sub- jects, at the expense ol another. While the natives of Scotland are not in actual rebellion, they are un- doubtedly entitled to protection: nor do I mean to contfenm the policy of giving some encouragement to the novelty of their affections for the House of Hano- ver. 1 am ready to hope for every thing from their ■newborn zeal, and from the future steadiness of their allegiance; but, liitherto, they liave no claim to your favour To honour them with a determined predilec- tion and confidence, in exclusion of your E^gli^h sub- jects, who placed your family, and, it) spite of trea- chery and rebellion, have supported it upon the throne, is a mistake too gross even for the unsuspect t^O JUNfUa. jfjg generosity of youth. In this error, we sre a capital violation of the most 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 same early influence we attribute it, that you liave descended to take a share, not only in the narrow views and interests of particular persons, but in the fatal malignity of their pas^^ior.s. At your ac- cession to t!ie throne, the whole system of government was altered, not from wisdom or deliberation, hut be- cause it had been .idopted by your predecessor. A little personal motive of pique and resentment was sufficient to remove the ablest servants of the Crown;* but it is not in this country, ISir, that sueh men can he dishonoured by the frowns of a King. Tliey were dismissed, but could not be disgraced. ^^'ithout en- tering into a minuter discussion of the merits of Ih.e peace, we may observe, in the imprudent hurry with whicli the first overtures from Fiance were accepted, ■ in the conduct of the negotiation, and term? of the treaty, the strongest marks of that precipitate spirit of concession, with which a certain part of your s»ib- jects have been at all times ready to purchase a peace with tlie nxtural enemies of this country. On your part we are satisfied that every thing was honourable and i-^incere; and, if England was sold to France, we doubt not that your Majesty was equally betrayed. The conditions of the peace were matter of grief and surprise to your subjects, but not tl]e immediate cause of th( ir present discontent. Hit!K-rto, Sir, you have been sacrificed to the pre- judices and passions of others. With what firmness will you bear t!ie mention of your own. A man, not very liouourably distingiiislied in the world, commences a formal ptlack upon your favour- ite, considering nothing but how he might be^t expose his person and pi ineijiles to detestation, and the na- tional character of his countrymen to contempt. The natives of that country, Si), are as much distiguished * One nf the, first acts of ike present reign was to disyiiisi Mr. Lege, because he had, some ycnjs before^ refused to 'dcld his interest in Hampshire to a Scotdimtn, recommended by Lord Bute. This was the reason publicly assigned by hit L&rdship. ^ JUNIUS. lit by a peculiar character as by your Majesty's favour. Like another clioren people, they liave been conduct- ed into tiie land of plenty, where tliey lind themselves effectually marked, vind divided from mankind. There is iiardly a period at which the moi?t nTejj;nlar charac- ter may not f)e redeemed. The mistakes of one sex find a retreat in patriotism, tho^e of the other in de- votion. Mr. Wilkes brought with him into i-oiitics the same liberal sentiments by which his [)rivate con- duct had hcfu directed; and seemed to tliink, that, as liiere are few excesses in w hi; ii an English gentle- man may not be peimi'ted to indulge, the same lati- tude was allowed ium in the choice of his political principles, and in the spirit of maintaining them. I mean to state, not entirely to defend, his conduct. Jn the parneslness of his zeal, he suff-red some un- wairautable insinuations to escape^ him. He said more than moderate men would jsislify; but not enough to entitle him to the honour of your Majes- ty's personal resentment. The rays of royal indigna- tion, collected upon him, served only to illuminate, and could not consume. Animated by the favour of the people on the one side, and hrated by persecutioa on the other, his vie>vs and sentiments changed with his situation. Hardly serious at fiist, he is now^ ati enthusiast. The coldest bodi«-s warm with opposition, the hardest sparkle in collision. There is a holy mistaken ?eal in politics, as well as religion. By persuading others, we convince ourselves. The pas- sions are engaged, and create a maternal affection in the mind, which forces us to love the cau'-e for which we sudei-. Is this a contention worthy of a king? Are you not sensible how much the meanness of the cause gives an air of ridicule to the serious difRculties into which you have been betrayed? The destruction of one man has been now, for many years, the sole object of your srovernment; and, if there can be any thing still more disf^raceful, we have seen, for suchau ol>ject, tlie utmost influence of the executive power, and every ministerial artifice, exerted without success. Nor can you ever succeed, unless he should be impru- dent enouih to forfeit ihr protection of those laws to which you owe your crown; or imless your ministers should persuade you to make it a question of force ulone, and try the whole strength of government ia 142 JUNIUS. opposition to the people. The lessons he ha.? receiv- 1 ed , from experience, will probably guard him fVoai sucli excess ot folly j and, in your M.ijesty's virtues, we find an unquestionable assurance, that no illegal violence will be attempted. Far from suspecting you of so horrible a design, w-e would attribute this continued violation of tlie laws, and even the last enormous attack upon tLse vital principles of the constitution, to an iil-advised, un- worthy, personal resentmeDt. l-'runi one laise step^ you iiave been betra ed into another; and, as the cause was unworthy of you, your niini.ters were de- termined that tlie prudence of the execuiion should correspond with the wisdom and dignity of the de- sign. They have reduced you to the nece.-sity of choosing out of a variety of diflSciilties; to a situation so unhappy, that you can neither do wrong w.Liiout ruin, or right witiiout affliction. These worthy ser- vants have undoubtedly given you many singular proofs of their abilities. Not contented with making Mr. Wilkes a man of importance, they have judi- ciously transferred the question from the rights and interests of one man, to the most important rights and interests of the people ; and forced your subjects, from wishing well to the cause of an individual, to unite with him in their own. Let them proceed as they have begun, and your Majesty need not doubt that tlie cata>strophe will do no dishonour to the con- duct of the piece. The circumstances to which you are reduced, will not admit of a compromise with tiie Englis-h nation. Undecisive, qualifying measures, will disgrace your government still more than open violence: and, with- out satisfying the people, will excite their contempt, \^ They have too much understanding and spirit to ac- "" cept of an indirect satisfaction for a direct injury. Nothing less than a repeal, as formal as the resolu- tion itself, can heal the wound which h .s been given to the constitution, nor will any thing less be accept- ed. I can readily believe that there is an influence sufficient to recall that pernicious vote. The House of Commons undoubtedly considered their duty to the Crown as paramount to all other obligations. To us they are only indebted for an accidental existence, asd kare justly traaifeireel their gratitude from their 3DNIUS. 143 ^parents to their benefactors ; from those •who gave Hieiii ;>iitl). lo the uiinister, from whose bonevolt>nce !theyd:-rive tiie com!orts and pleasurosofuieir politi- cal !;. I , who has takf-n the tenderest care of their iu- J"?licv, and relieves triiMr npcessifies, -vithout otfi-nding tholr deiic.'Cy. But, if it were possible .or tlieir in- tercity to bp degraded to a condiuon so vile and ab- ject, that, compared with it, the prest-nt estimation thcystindin is h state of nnuour and respect, con- Bid-r, fcSsi. in v.iiat m inner you will afterward-; pro- ceed. Cap you conceive tlidtthe people of this coun- try wi.l loo^ submit to be governed by ?o flexible a House 01 C mimons P It is not in the n:iture of human society, til it any ibrm of government, in such circum- stances, can long be preserved In ours, the general contempt olthe people is as f^talas theirdetestation. Sue 1, 1 am persuaded, would be the necessary effect of any base concession made by the present House of Commons; and, as a qualifying measure would not be accepted, it remains for you to decide, whether vou will, at any iiazard, support a set of men who have reduced you to this unhappy dilemma, or whe- ther you will gratify the united wishes of the whole people of England, by dissolving the parliament. Taking it for granted, as 1 do very sincerely, that you liave personally no design against the con- stitution, nor any view inconsistent with the good of your subjects, I think you cannot hesitate long upon the choice which it equally concerns yojir interest and your honour to adopt. On one side, you hazard the affection of all your English subjects ; you relin- auish every hope of repose to yourself, and you en- anger the establishment of your family for ever. Alltliisyou venture for no object whatsoever; or, for such an object as it would be an affront to you to name. Men of sense will examine your conduct with suspicion; while tliose, who are incapable of com- prehending to what decree they are injured, afliict you with clamours equally insolent and unmeaning. Supposing it possible that no fatal strnggle should ensue, you determine, at once, to be unhappy, with- out the hope of a compensation, eitber from interest or ambition. If an English King be hated or des- pised, he must be unhappy : and this, perhaps, is the »nly political tratk wkish h» ought to be •okvIqc^^ lU JUNIUS. of, without experiment. But, if the English people j should no longer confine their resentment to a sub- missive tepresentntion oi their wrongs; if, foliowinff ! the glorious example of their ancestors, they should no longer appeai to the creature of the constitnlion, but to that liigh being, who gave them the rights of humanity, whose gifts it were sacrilet;e to surrender, let me ask you, Sir, upon what part of your subjects would yon rely for assistance? The people of ireland have been uniformly plun- dered and oppressed. In return, hey giveyou every d ly freiii marks of their resentment. They despise t!ie miserable governor* yon havesent t'lem, because he is llie creature of Loid Bute: nor is it lYom any natural coiifusioii in their ideas, that they are so rea- dy to confound tlie original of a king, with the dis- graceful representation of him. The distance of the colonies would make it impos- sible for them to take an active concern in your af- fairs, if they were as well affected to your govern- ment, as they once pretended to be to your person. They were ready enough to dislingr.ish between you and your ministers. Tliey complained of an act of the lej;islature, but tracei' the origin of it no higher than to the servants of the crows: they pleased them- selves with the hope that their sovereign, if not fa- vourable to their cause, at least vva^ impartial The de- cisive personal partyou took against them has effectu- ally banisiied that tirst distinction from their minds.f They consider you as united with your servants against America; and know how to distinguish the Sovereign and a venal parliam nt on one side, froni the real sentiments of the English people on the other. Looking forward to independence, they might * Viscount Tnwnshend, sent ovnr on the plan of being re- sident Governor. The historyof his ridiculous adminLstra- tion shall not he lost to the public. t In the King's speech of NovembRr Qth, 1768, it rvas declar- ed,"' That the spiri I of faction had broken Old afi-esk in some of the colonies, a/jrf in one of than, proceeded to acts of violence and resistance to the execution of the laws ; that Buston 7vas in a state »f disobedience to all hm's and government, and had proceeded to measures subversive of the conttitution^ and attended with circumstances that manifested a disposition to thron- o^Uicir dependence on Great JS'iiIe, both ia churcli and state, wfiich they inlierit from their an- cestors, and are confirmed in by their education ? whose numbers are so inconsiderable, that they have lon>: since bfpn obliged to give up the principles and language which distinguish them as a party, and to B;;ht under tlie banners of their enemies p Their zeal begins with liypocrisy, and must conclude in treach- ery. At first they deiceive— at lastthty betray. As to the Scotch, I must sunpose your heart and understanding so biased, from your earliest infancy, in tlieir favour, that nothing less than your otvn mis- fortunes can undeceive you, Vou will not accept of tijeiiniform «'XperisMice of your ancestors; and v^^hen once a m n is determined to believe, the very absur- dity of the doctrine confirms him iu his faith. A bi- jroted understanding can draw a proof of attachment to the House of Hanover, from a notorious zeal for the House of Stuart, and find an earnest of future loy- ally infornaer rebellions. Appearances are, however, 146 JUNIUS. in their favour: go strongly indt^ed that one woiJtl, think they had forgotten that you are their lawful King, and had rnistnken you for a Pretender to the Crown. Let it be admitted, then, that the Scotch are as sincere in theii' ()\esent professions, as if you were, in reality not an Englishman, but a Biiton of the North. You would not be t!ie first prince of their native country, against whom they have rebelled, nor the first whom they have basely betrayed. Have you foigottcn. Sir, or has your favotnite concealed from you that part of our history, when the unhappy Charles (and he, too, had piivate virtues) fled from the open, avowed indignation of hii Englisii subjects^ and surrendered himself at discretion to the good faith of his own countrymen p V\ ithout looking for supportin tlieir affections as subjects, he applied only to their honour, as gentlemen, for protection. They received him, as they would your Majesty, with bows, and smiles, and falsehood, and kept iiim until they had settled their bargain with the Eniilish par- liament ; tiien basely sold their native King to the vengeance of his enemies. This, Sir, was not the act of a few traitors, but the deliberate treachery of a Scotch parliament, representing the nation. A wise prince might draw from it two lessons of equal utility to himself. On one side, he might learn to dread the undisguised resentment of a generous people, who dare openly assert their riglits, and who, in a just cause, are ready to meet their Sovereign in the field. On the other side, he would be tiught to apprehend something far more formidable ; a fawning treachery, against whicli no prudeucecan guard, no couragecan defend. The insidious smile upon the cheek would warn him of t!:>^ canker in the heart. From tlie uses to wliich one part of the army has been too frequently applied, you have some reason to expect tliat there are no sei vices ihey would refuse. Here, too, we trace the partiality of your understand- ing. You take the sense of the army from tlie con- du'ctof the guards, with the same justice with which you collect the sense of the people from the repre- sentationsofthe Ministry. Your marching regiments, Sir, will not make the guard.*! their exuniTe, either ag soldiers or subjects. They f* el and resent, as they ought to do, that iuvariable'undistinsuishing favour with JUNIUS. H7 Which the guards are treated'';* while tliose gallant 'itronps, by whom every hazardous, every laborious s^Bervicf- is performed, are left to perish in jrarrison* -abroad, or pine in quarters at home, neglected and forgotten. If they had no sense of the great original ^diitv they owe to their country, their resentment •would operate like patriotism, and leave your cause to be defended by those on whom you have lavished ■'the rewards and honours of their profession. Tlie ^•Prcetorian batids, enervated and debauched as tliey ' were, had still strength enough to awe the Romao •populace; but when the distant legions took the ■alarm, t!iey marched to Rome, and gave away the '•empire. On tins side, then, which ever way you turn your eyes, vou see nothing but perplexity and djstress. ' You may determine to support the very Ministry who have reduced your affairs to this deplorable pituatiou; you may shelter yourself under the forms of a parliament, and set the people at defiance; but be assured. Sir, that such a resolution would he as imprudent as it would be odious. If it did not Imme- diately shake your establishment, it would rob you t>f vour peace of mind for ever. On the other, how different is the prospect ! How »a-y, iiow safe and honourable is the path before I you ! The En:j;lish nation declare they are grossly injired by their representatives, and solicit your Ma- jesty to exert yor.r lawful prerogative, and give them an opportunity of recalling a trust, which they find has been scandalously abused. You are not to be told, that the power of the House of Commons is not Oriiiinal, but delegated to them for the welfare of the peo^ile from whom tiiey received it. A question of *Th£ number of cnmmissisned officers in the guards are to the marching regiments as one to eleven : the nvmber of regiments given to the guards, compared niUi those given to the line, is about three to one at a moderate computation; coiiseqvenVr/, the pnrtialiti in favour of the gvarda is as thirty-three to one. So much for the n/flcers. The private men have four pence a- dny to subsist on, and five hundred l.iskes if they desert. Un- der this punishment Ihe.y freqwntly expire. With these tn- coura'^cments, it is supposed, they may be depended upon, when- ever a certain person, thinks it ■necessary to butcher his feUom subjects. U& JUNIUS. rlnrht arises between the corvstitiient and the repr< sentative body. By what authority shall it be dec dedp Will your Majesty interfere in a qrestion, i which you hive, properly, no immediate concern? , would be a step equally odious and unnpcessar] Shall the Lords be called upon to determine th riglits and privileges o\ the Commons P Fhey cann< do it without a flagrant bre.ich of the constitiitioi Or, will you refer it to (hej id^esp They have ofte told your ancestors that the law of parliament / above them- What parly then remains but to leav it to the peof.le to determiiie for tlieni^elvesp The alone are injured; and since t'were is no superi< power to which tiie cause can be referred, they alor . ought to determine. 1 do not mean to perplex you with a tedious ar!:^i ment upon a subject already so din it. Thei are, however, two points oi view in which it partici' larly imports your Majesty to consider the late pr ceediilgs of the Mouse of Commons. By depiivinsj subject of his birth-right, tliey have attributed to the • own vote an authority equal to an act of the who : legisliture; and thou, neglected and unrcmoved. It is only the tern- t th;Ht lifts him from his place. ^ Vithout consulting your Minister, call together ir whole council. Let it appear to the public, that I can determine and act for yourself. Come for- •d to your people Lay aside the wretched for- ities of a King, and speak to your subjects with the ■ it of a man, and the language of a gentleman. \bO JUNIUS. Tell tbem .vou have been fitally deceived. The ac-| knowledgment will be no disgrace, but rather ati ho- nour, to your understanding. Tell them yon are de- termined to remove every cause of complaint against your government; that you will give yoiir confidence to no man, who does not possess the confidence of your subjects ; and leave it to themselves to deter- mine, by their conduct at a future election, whelher or no il be, in reality, the general ^nt of that family was necessary to the support of tlieir civil and religious liberties. This, Sir, is a prlt»- tiple of allegiance equally solid and rational; fit f»r Englishmen to adopt, and well worthy of your Mj- jestyV encouragement. We cannot long be deluded by nominal distinctions. The name of Stuart, of itself, is only contomptihle; armed with the sove- reign authority, their principles are formidable. Tlie prince who imitates their conduct, should be warned hy their example; and, while he plumes himself upon ik\ie security of hh title to the crown, should remember^ Jl/NIUS. 151 that, as it was acquired *by one revolution, it may bs lost by another. JUNIUS. LETTER XXXVr. , To his Grace the Duke of Graf ton. ji^lORD, February 14, 17T0. If I were personally your enemy, I might pity and • forgive yon. You have every claim to compassion that can arise from misery and distress. The condi- tion yon are reduced to would disarm a private ene- 9 my of his resentment, and leave no consolation to : the most vindictive spirit, but that such an object as T you are would disgrace the dignity of revenge. ■ But, ■ in the relation you have borne to tliis country, yon jr have no title to indulgence ; and if I had followed the ,1 dictates of my own opinion, I never should have al- 1 lowed 3'ou the respite of a moment. In your public 1 character, you have injured every subject of the em- ; pire; and though an individual is not authorized to f forgive the injuries done to society, he is called upon •to assert his separate share in the public resentment, i I submitted, however, to the judgment of men, more moderate, perhaps more candid, than myself. For 1 my own part, I do not pretend to understand those 1 prudent forms of decorum, those gentle rules of discre- tion, which some men endeavour to unite with the ,-• conduct of the greate.«t and most hazardous affairs. 1 Engaged in the defence of an honourable cause,'! I would take a decisive part. I should scorn to pro- nvide for a future retreat, or to keep terms with a J man wlio preserves no measures with the public. I Neither the abject submission of deserting his post in < the hour of dangei', nor even the* sacred shield of I cowardice should protect him. 1 would pursue hiirt ( through life, and try the last exertion of ray abilities > to preserve the perishable infamy of his name, and taiake it immortal. What then, my Lord.? le this the event of all th» * Sacro tremuere titnore. Erenj eorvard prcUnds $> ' tf fUiTitt- struck. }52 JUNIUS. sacrifice? you have made to Lord Bute's patroirage, and to your own unfortunate ambition ? Was it for this you abandoned your earliest frieudgbips, the warmest connexions of your youth, and all those lio- nourable engagements by which you once solicited, and might liave acquired, the esteem of your coun- try? Have you secured no recompense for such a waste of honour? Unhappy man! what party will receive the common deserter of ail partietf? Without a client to flatter, without a friend to console you, and with only one companion from the honest house of Bioomsbury, you must now retire into a dreadful solitude. At the most active period of life you mus;t quit the busy scene, and conceal yourself from the world, if you would hope to save the wretched re- mains of a roined reputation. The vices operate like age, hiing on disease before its time, and in the prime of youth leave the character broken and exhausted. Yet your conduct has been mysterious, as well as contemptible. Where is now that firmness^ or obsti- nacy, so long boasted of by your ftiends, and acknow- ledged by your enemies? VVe were taught to expect that you would not leave the ruin of this country to be completed by other hands, but were deternoiued either to gain a decisive victory over ihle that Lord North should be permitted to govern this country. If we may believe common fame, they have shown him * This ehqvent person has got as far nt the discipline o/> Dimosthfnts. He constantly svcakt niih pebbles in his mouth', io iwpTove his articulation. g2 158 JUNIUS, their siiperiority already. His Majesty is, indeed; too gracious to insult his subjects, by choosing his first Minister from among $}ie domestics of the Duke of Bedford ; that would have been to© gross an outrage to the three kingdoms. Their purpose, however, is equally answered, by pushing forward this unhappy figure, and forcing it to bear the odium of measures which they in reality direct. Without immediately appearing to govern, they possess the power, and dis- tribute the emoluments, of government, as they think proper. They still adhere to the spirit of that cal- culation,, which made Mr. Luttrell representative of Middlesex. Far from regretting your retreat, they assure us, very gravely, thnt it increases the real strength of the iVIinistry. According to this way of reasoning, they will probably grow stronger and more Jiourishing, every hour tiiey exist; for I think there is hardly a day passes in which some one or other of his Majesty's servants does not leave them to improve, by the loss of his a.ss»gtance. But, alas ! their coun- tenances speak a different language. When the mem- berg drop off^ the main body cannot be insensible of its approaching dissolution. Even the violence of their proceedings is a signal of despair. Like broken te- •oants, who have had warning to quit tlie premises, they curse their landlord, destroy the fixtures, throw f very thing into confusion, and care not what mis- chief they do to the estate. JUNIUS, LETTER XXXVII. To the PrinUr of the Puhlu Jdvertisen SiH, March 19, 1770. I BELIEVE there is no man, however indifferent about the interests of this country, wlio wi 1 not rea- dily confess, that the situation to which we are now reduced, whether it has arisen from the violence of faction, or from an arbitrary system of government, justifies the mofet melancholy apprehensions, and calb for the exertion of whatever wisdom or vigour is left among its. The King's answer to the remonstrance 'Of the City of London, and the measures since adopt- ed by the Ministry, amount to a plain declaration, that the principle on which Mr. Luttrell was seated <- in the House of Common?, is to be supported in all its consequences, and carried to its utmost extent. The same spirit which violated the freedom of election, now invades the declaration and hill of rights, and threatens to punish tije subject for exercising a privi- lege hitherto undisputed, of petitioning the crown. The grievances of the people are aggravated by in- sults ; their complaints not merely disregarded,' but checked by authority; and every one of those acts against which they remonstrated, confirmed by the King's decisive approbation. At such a moment, no honest man will remain silent or inactive. However distinguished by rank or property, in the rights of freedom we are all equal. As we are Englishmen, tlie least considerable man among us has an interest equal to the proudest nobleman in the laws and con- stitution of his country, and is equally called u on to make a generous contnbution in support of t-^emj whether it be the heart to conceive, the undorstand- »!}g to direct, or the hand to execute. It i? a common cause in which we are all interested, in which we should all be engaged. The man who deserts it at this alarming crisis is an enemy to his country, and, wliat I think of infinitely less importance, a traitor to his Soverei^ftl The subjpct, who is tr7 JUNIUS. 161 vioiir, or the royal purity of his intentions, is con- cerned, the truth of those declarations, which the Minister has drawn up for his Master, cannot de- cently be disputed. In every other respect, 1 affirm, that they are absolutely unsupported either in argu- ment or fact. 1 must add, too, th:it supposing the speech were otherwise unexceptionable, it is not a direct answer to the petition of the City. His Ma- jesty is pleased to say, that he is always ready to receive the requests of his subjects; yet the sheriffs were twice sent back with an excuse; and it wag certainly debated, in council, whether or no the Magistrates of the City of London should be admit- ted to an audience. Whether the remonstrance be or be not injurious to Parliament, is the very ques- tion between the Parliament and the people, and such a question as cannot be decided by the assertion of a third party, however respectable. That the petitioning for a dissolution of Parliament is irrecon- eilable with the principles of the constitution, is -a new doctriue. His Majesty, perhaps, has not been informed, that the House of Commons themselves have, by a formal resolution, admitted it to be the right of tlie subject. His Majesty proceeds to assure us, that he has made the laws the rule of his conduct. Was it in ordering? or permitting his Ministers to ap^ prehend Mr. Wilkes by a general warranty Was it in suffering his Ministers to revive the obsolete maxiua of nullum tempus, to rob the Duke of Portland of his property, and thereby give a decisive turn to a county election:^ Was it in erecting a chamber consultation of surgeons, with authority to examine iuto and super- cede tlic legal verdict of a jury p Or did his Majesty cougult the laws of this country, when he permitted hi? Secretary of State to declare, that, whenever tlie civil magistrate is trifled with, a military force must be sent for, mahout the delay of a moment, and effec- tually employed,'^ Or was it in the barbarous exact- ness with which this illegal, inhuman doctrine was carried into execution? If his Majesty had recollect- ed these facts, I think, he would never have said, at least with any reference to the measures of liis go- vernment, that he had made the laws the rule of his conduct. To talk of preserving the affections, or re- lyiug; on the support of his iubjects, while he gontim'.?- 162 3[UNmS, to act upon these principles, is, indeed, paying a conj- pliment to their loyaity, which, I hope, they have too much spirit and understanding to deserve. His Majesty, we are told, is not only punctual in the performance of his own duty, but careful not to assume any of tho?e powers which the constitution ha« placed in other hands. Admitting this last asser- tion to be strictly true, it is no way to the purpose. The City of London have not desired the King to assume a power placed in other hands. If they had, I should hope to see the person who dared to present such a petition immediately impeached. They solicit their Sovereign to exert that constitutional authority which the laws have vested in him for the benefit of his tubjects. They call upon him to make u«e of his lawful prerogative in a case which our laws evidently supposed might happen, smce they have provided for it by trusting the Sovereign with a discretionary power to dissolve the Parliaujent. This request will^ I am confident, be supported by remonstrances from all parts ©f the kingdom. His Majesty will find, at last, that this is the sense of the people; and that it is not his interest to support either Ministry or Par- liament at the hazard of a breach with the collective body of his subects. That he is a King of a free peo- ple, is, indeed, his greatest glory. That he may lonfij contintie the King of a free people, is the second wish that animates my heart. The first is, thai the people may bejree* JUNIUS. LETTER XXXVIII. To the Printer of the Public Adveriisst'. sii, April 3, 1770. In my last letter I offered you my opinion of the truth and propriety of his Majesty's answer to the * When kis Majesty had done reading his speech, Vie Lord Maifor, Src. hud the honour of kissing his Majesty's hand ; after nhich, as they ny.re nnikdranting, his Majesty instantly turned round to his courtiers, and burst out a laughing. Nero fiddled while Eonae was buroing. _ JOBN EORIfZ: JUNIUS. WS €i<7 of Lotidon> considering it merely as the speech of a Minister, drawn up in his own defence, and deli* vered, as usual, by the Chief Magistrate. I would »parate, as much as possible, the King's personal character and beliaviour from the acts of the present government. I wish it to be understood that his Ma- jesty had, in effect, no more concern in the substance of what he said, than Sir James Hodges had in the remonstrance; and tiiat as Sir Jnmes, in virtue of his office, was obliged to speak tlie sentiments of the peo- ple, his Majesty might think himself bound by the same official obligation, to give a graceful utterance to the semimentB of his Minister. The coldformality of a weil.repeated lesson is widely distant- from the animated expression of the heart. This distinction, however, is only true with respect to the measure itself. The consequences of it reach beyond the Minister, and materially affect his Ma- jesty's honour. In their own nature, they are formi* dable enough to alarm a man of prudence, aud dis- graceful enough to afflict a man of spirit. A subject, whose sincere attachment to his Majesty's person and family is founded upon rational principles, will not, in the present conjuncture, be scrupulous of alarming, or even of afflicting, his Sovereign. I know there is another sort of loyalty, of which his Majesty has had plei;ty of experience. When the loyalty of Tories, Jacobites, and Scotchmen, has once taken poss^ession of an unhappy Prince, it seldom leaves him without accomplishing his destruction. When the poison of ttieir doctrines has tainted the natural benevolence of his disposition, when their insidious counsels have corrupted the stamina of his government, what anti- dote can restore him to his political health and ho- nour, but the firm sincerity of his English subjects P it has not been usual, in this country, at least since the days of Charles the First, to see the Sovereign personally at variance, or engaged in a direct alter- cation, with his subjects. Acts of grace and indul- gence are wisely appropriated to him, and should constantly be performed by himself. He never should' appear but in an amiable light to his subjects. Even in France, as long as any ideas of a limited monarchy were thought worth preserving, it was a maxim that no maiJ should leave the royal presence discontented. 10* JUNIUS. They have lost or renounced the moderate prihciplca of their government; and now, when their parlia- ments venture to remonstrate, the tyrant comes for- ward, and answers absohitely for himself. The spirit of their present constitution requires that the King should be feared; and the principle, I believe, is tolerably supported by the fact. But, in our politi- cal system, the theory is at variance with the prac- tice; for the King should be beloved. Measures of greater severity, may, indeed, in some circumstance?, be necessary: but the Minister who advises, should take the execution and odium of them entirely upon himself. He not only betrays his master, but violates the spirit of the English constitution, when he exposes the chief magistrate to the personal hatred or con- tempt of his subjects. When we speak of the firmness of government, we mean an uniform system of mea- sures deliberately adopted, and resolutely maintain- ed, by the servants of the crown; not a peevish asperity in the language and behaviour of the Sove- reign. The government of a weak, irresolute mo- narch, may be wise, moderate, and firm: that of an obstinate, capricious prince, on the contrary, may be feeble, undetermined, and relaxed. The reputation of public measures depends upon the Minister, who is responsible; not upon the King, whose private opi- nions are not supposed to have any weight against the advice of his council, and whose personal autho- rity should, therefore, never be interposed in public affairs. This, 1 believe, is true, constitutional doc- trine. But for a moment let us suppose it false. Let it be taken for granted, that an occasion may arise, in which a King of England shall be compelled to take upon himself the ungrateful office of rejecting the petitions, and censuring the conduct, of his subjects; and let the city remonstrance be supposed to have created so extraordinary an occasion. On this prin- ciple, which I presume no friend of administration •will dispute, let the wisdom and spirit of the Ministry be examined. They advise the King to hazard his dignity, by a positive declaration of his own senti- ments; they suggest to him a language full of .severity and reproach.^ "What follows? When his M-jesty had taken so decisive a part in support of his IMinistry and PaTliaDQent, be had a right to expect from theia a re- JUNIUS. 165. ciprocal demonstration of firmness in their owa cause, and of their zeal for his honour. He had reason to f.vpect (nnd such, I doubt not, jvere the bhistering promises of Lord North) that the persons whom he had been advised to charge with having injured par- liament, and violated the principles of the constitu- tion, should not have been permitted to escape with- out some severe mai ks of the displeasure and venj^eance of parliament. As the matter stands, tiie Minister, (after placing his Sovereign in the most unfavourable lligiit to his subjects, and after attempting to fix the ridicule and odi;im of his own precipitate measure* upon the royal character, leaves him a solitary figure upon the scone, to recall, if he can, or to compensate, by future compliances, for one unhappy demonstration of ill-supported firmness and ineflfectual resentment. As a man of spirit, his Majesty cannot but be sensible^ thftt the lofty terms in which he was persuaded to re- primand the city, when united with the silly conclu- t-ion of the business, resembled the pomp of a mock tragedy, where the most pathetic sentiments, and even the siiflTerings of the hero, are calculated for de- usion. Such have been the boasted firmness and consisten- cy of a Minister* whose appearance in tiie House of Commons was thought essential to the King's service; whose presence was to influence every division; who had a voice to persuade, an eye to penetrate, a ges- ture to command. The reputation of these great qualities has been fatal to hie friends. The little diguity of Mr. Ellis has been committed. The mine was sunk; combustibles were provided ; and Welbore Ellis, the Guy Faux of t!ie fable, waited only for the jignal of command. All of a sudden the country gen- temen discover bow grossly they have been deceiv- ?d : tlie Minister's heart fails hii»; the grand plot is iefeated in a moment; and poor Mr. Ellis and his notion taken into custody. From the event of Fri- lay la?t, one would imagine that some fatality hung )ver this gentleman. Wiiether he makes or suppres- * This graceful Minisl'r is oddly comtructed, His tongue s a little too big /'or his mouth, and his eyes a great deal toobi^ or their sockets. Every part if his person sets natural propor- ion at defiance. At this present niriting his head is supposed be much too heavy for his shoulders. 166 JUNIUS. tes a motion, be. is equally sure of disgrace. But the complexion of the times will suffer do man to be Vnc- treasurer of Ireland with impunity * I do not mean to express the smallest anxiety fo» the Minister's reputation. He acts separately for himself, and the most shameful inconsistency may perhaps be no disgrace to him. But when the Sove- reign, who represents the majesty of the state, ap- pears in person, his dignity should he supporteA The occasion should be important; the plan well «onsldered ; the execution steady and consistent. My 7,enl for his Mr.jesty'B real honour compels me to asjert, tliat it ha?! been too much the sy-tem of the present reign, to introduce him personally either to act for or de»f nd his servants. They persuade him to do what is properly their business, and desert liim in tlie midst of it. Yet this i? an inconvenience to ■which he must for ever be exposed, while he adheres to a Ministry divided among tliemsclves, or unequal in credit and ability to the great task tliey have un- dertaken. Instead of reserving the interposition of the Royal Personaare, as the la.'fa system introduced or revived in the present reign, ' his kind of merit should be very consistejit with the 179 JUNIUS. neglect of every duty they owe to the nation. The interval between the opening of the last, and close of the former session, wa? longer than usual. Whatever were the views of the Mini ter in deferring tite nrieet- ing ofParliainent, sufficienttirae was certainly given to every member of the House of Commons, to look back upon the steps he liad taken, and the conse- quences they had produced. The zeal of tlie party, the violence of personal animosities, and the heat of contention, had leisure to ?ubside. From that period, whatever resolution they took was deliberate and prepense; In the precedini> session, the dependants of the Ministry had affected to believe, that the final determination of the question would have satisfied the nation, or at least put a stop to their coinplaints ; as if the certainty of an evil could diminish the sense of it, or the nature of injustice could be altered by deci- eion. But they found the people of England were in a temper very distant from submission ; and althou^li is was contended that the House of Commons could not themselves reverse a resolution which had the force and effect of a judicial sentence, there were other constitutional expedipnts which would have giv- en a security against any similar attempts for the fu- ture. The general proposition, in which the whole country had an interest, miglit have been reduced to a particular fact, in which Mr. VV'ilkesand Mr. Lut* trell would alone have been concerned. The House of Lords might interpose ; the King might dissolve the Parliament; or, if every other resource failed, there stiUlay a graud constitutional writ of error, in behalf of the people, from the decision of one court to the wisdonf) of the whole legislature. Every one of these remedies has been successively attempted. The people performed their part with dignity, spirit, and perseverance. For many months his Majesty lieard nothing from his people, but the language of complaint and resentment: unhappily for this country, it was tl)e daily triumph of his courtiers, that he heard it with an indifference approaching contempt. The House of Commons having assumed a power unknown to the constitution, were determined not merely to supportit in the single instance in question, but to maintain the doctrine in its utmost extent, and \p efstttbJish the fact as a precedwt ia law, t« be ap- JUNIUS: 171 plied in whatever way his Majesty's sorrahts should hereafter think fit. Their proceedings upon this oc- casion are a strong proof that a decision, in the first instance illegal and unjust, can only be supported by a continuation of falsehood and injustice. To support their former resolutions, they were ooiiged to violate some of the best known and est iblished rules of the House. In one instance, ths^y went so far as to de- clare, in open defiance of truth and cotnmon sense, tiiat it was not the rule of the House to divide a com- plicated question at ihe request of a Member.* But, after trampling upon the laws of the land, it was not wonderful that they should treat the private regula- tions of their own assembly with equal disregard. The speaker, being young in office, began with pre- tended ignorance, and ended with deciding for the Ministry. We are not surprised at the decision ; but he hesitated and blushed at his own baseness, and every man was astonished.! The interest of the public was vigorously supported in the House of Lords, Their rizht to defend tiie constitution aguinst an encroachment of the other es- tates, and necessity of exerting it at this period, was urged to them with every argument that could besun- , posed to influence the heart or the understanding. But it soon appeared that they had already taken their |)art, and were determined to supportthe House jQf Commons, notoaly at the expense of truth and de- * This eitravagcnt raoJtUion appears in ihe vote of Hm 'Hovse : but, in the minutes of the committee-, the instancex ' of resfilutians co»trarj,i to Jaw and trvth, or of refusals to ac- fenowledge law and truth rvhen proposed to them, are innumero' We. t JJ^'hrn the kinfr first made it a measure of his government 'i ''■ ^Iroi/ Mr. Wilkes, andmken, for this purpose, it rvas ne- « to run down privileges, !Sir Fletcher Norton, ivitk ual prostituted effronierii, assured the House of Com- ■:. that he should regard one of their votes no more than a ■Hon of so many drunken porters. This is the very larv- horn Ben Johii'son describes in the following lines : " Givesforktd counsel ; takes provoking gold " Ou either hind, and puts it vp. " So 7vite, so grave, of so perplexed a tongw., '' And loud withal, that mould not TVctg, nor sca^ct '' /yie stiff rviihout a fee* 172 JUNIUS. c^ncy, but even hy a surrenderor their ovfn mos portant rights. Instead of performing that duty t;^ the constitution expected from them, in retun the dignity and independence of their station, i turn for the hereditary share it has given them i legislature, the majority of them made common ( with the other House in oppressing the people, establislied another doctrine as false in itsdf, at pos'ihle, more pernicious to the constitution, that on which the Middlesex election wasdeterm By revolving, " thnt they had no riy;lit to impea judjiment of the House of Commons, in any wliats'oever, where that House has a competent* diction," they, in effect, gave up that constitut cheek and reciprocal control of one branch o legislature over the other, which is, perhaps greatest and most important object provided l\ the division of the whole legislative power into estates: and now lettlie judicial decisions of the F of Commons be ever so extravagant, let their d rations of tiie law be ever Su flagrantly false, arl ry, and oppressive to the subject, the House of I have imposed a slavish silence upon themselves ; cannot interpose; they cannot protect the.siib they eannot defend the laws of their country couces.-'ion so extraordinary in itself, socontradit to the principles of their own institution, canno alarm the most unsuspecting mind. We may conclude that the Lords would hardly have yi( SO much to the other House without the certain a compensation, whicli can only be made to the the expense of the people.* The arbitrary p they have assumed, of imposing fines, and commi during pleasure, will now be exercised in its ful tent. The House of Commons are too much in debt to question or interrupt their proceedings. Ciown too, we maybe well assured, will lose not in this new distribution of power. After decia that to petition for a dissolution of parliament i reconcilable with the principles of the constitu * The man rvho resists and overcomes iliis iniquitous , assumed by the Lords, must be supported by the whole p< We have the laws on our side, and want nothing but an pid leader. When such a man stands forth, let the rMiO' to it. It is 7iot Ms ce^ust) but our t»»cfl. JUNIUS. K3 s IVIajcsty hns reason to expect that some extraor- nary' compliment will be returned to the Royal pre- gati ve. The three branches of the legislature seeoi treat their separate rights and interests as the Ro- an triumvirs did their friends ; they reciprocally orifice them to the animosities of each other: and tablish a detestat)le union among themselves, upon e rtiiu of the laws and liberty of the commonwealth. Iiroiii^ii llie whole proceedings of the House of Com- ons, in this session, there is an apparent, a palpable msciousness of guilt, whicii has prevented their iring to assert their own dignity, where it has beert iimedlatcly and grossly attaclved._ In the course of "^r. Musgrave's examination, he said every thing that vm be conceived mortifying to individuals, or offen- (•e to the llouce. They voted his information fri- )lous : but they were awed by his firmness and ■ tegrlty, and sunk under it.* The terms in which ,e sale of a patent to Mr. Hine were communicated . the public, naturally called for a parliamentary in- ; liry. The integrity of the House of Commons was i;rectly impeached: but they had not courage to t ove in their own vindication, because the inquiry ■ ould have been fatal to Colonel Burgoyne and the ; Hike of Grafton. When Sir George Savillc branded lem with tbe name of traitors to their constituents, hv°n the Lord Mayor, the SlteriffV, and Mr. Treco- lick, expressly avowed and maintained every part ''the City Remonstrance, why did they tamely sub- it to be insulted;^ Why did they not immediately cedent, which is represented to be perfectly barren and harmless. But there is a set of men in tliis coun- try, whose understandings measure the violation of law by the magniuide of the instance, not by the im- portant ccnsequentes wlijch fiow directly from t!)e principle; and the Minister, I presume, did not think it safe to quicken their apprehensions too soon. Had Mr. Hampden reasoned and acted like the moderate iiien of these days, instead of hnzarding liis vvhole for- tune in a law-suit with the Crown, he would have ne every tiling but removed the ofil nee j they have relinquished the revenue, but judiciously taken care to preserve the contention, ft is not pretended that the continua- tion of the tea duty, is to produce any direct benefit ■whatsoever to the mother country. What is it then, huX an odi<^ns uutrofitable ctcrticn of a ?pQC'.;lati>"P JUNIUS. 175 right, and fixing a badge of slavery upon tlue Ame i- cans, without service to theJr masters p But it has pleased God to give us a Ministry, anda Parliament, who are neither to be persuaded by argument, or in- structed by experience. Lord Nortli, I presump, will not claim an extraordi- nary merit from any thin? he has done this year, in the improvement, or application of the revenue. A great operation, directed to an important object, though it should fail of siicceps, marks the genius and elevates the character of a Minister. \ poor con- tracted understanding d^als in little schemes, which dishonour him if they fail, and do him no credit when they succeed. Lord North had fortunately the means in his possession of reducing all the four per cents at once. The failure of his first enterprise in 6nance, is not half so disgraceful to his reputation as a Minister, as the enterprise itself is injurious to the public. Instead of striking one decisive blow, which would have cleared the market at once upon terms proportioned to the price of the four per cents six weeks ago, he has tampered with a pitif il portion of a commodity which ought never to have been touch- ed but in gross. He has given notice to the holders of that stock, of a design formed by government to. , prevail upou them to surrender it by degrees, conse- quently has warned them to hold uj)and enhance the price : 60 that the plan of reducing the four per caUs , must either be dropped entirely, orcontinued with an, ; increasing disadvantage to thf public. The Minis- ter's sagacity has served to raise the vahie of the thing he m< aus to purchase, and to sink that of the ■ three per ce7its which it is his purpose to sell. In ef- fect, he has contrived to make it tl»e interest of the proprietor of the four per cents to sell out, and buy three per cents in the ma- ket, rather than Subscribe his stock upon any terms that can possibly be oflFered yby government. ] The state of the nation leads us naturally to consl- , der the situation of the King. The prorogation of 'Parliiimeut has the effect of a temporary dissolution. ^The odium of measiurs adopted by the collertive vLody sits lightly upon the separate members who com- jposed it. They retire into summer quarters, and rest, 'u-om tlie dbgraccful labours of the campaign. Buts^. 176 JUNIUS. for the Sovereign, it is not so Tvitk kvn} Ih has a per- manent existence in this country; he cannot with- draw himself from the complaints, thedisicontents, the reproaches of his subjects. They pursue him to his re- tirement, and invade his domestic happiness, when no address can be obtained from an obsequious Parlia- ment to encourage or console him. In other times, the interest of the King and people of England, was, as it ought to be, entirely the same. A new system has not only been adopted in fact, but professed y pom principle. Ministers are no longer the public ser- vants of the state, but the private domestics of the Sovereign. One* particular class of men are permit- ted to call themselves the King's friends, as if the body of the people were the King's enemies; or, as if his Majesty looked for a resource or consolation in the attachment of a few favourites, against the gene- ral contempt or detestation of his subjects. Edward and Richard the second made the same distinction be- tween the collective body of the people, and a con- temptible party who surrounded the throne. The event of their mistaken conduct might have been a warning to their successors. Yet the error? of those princes were not without excuse. They i}ad as many ff'lse friends as our present gracious Sovereign, and infinitely greater temptation? to seduce them. They were neither sober, religious, nor demure. Intoxi- cated with pleasure, they wasted their inheritance in pursuit of it. Their lives were like a rapid torrent, brilliant in prospect, though useless or dangerous in its course. In the dull, unanimated existence of other princes, we see nothing but a sickly stagnant water, which taints the atmosphere, without fertilizing the soil. The morality of a king is not to be measured by vulgar rules. His situation is singular. There are faults which do him honour, and virtues that dis- grace him. A faultless, insipid equality, in his cha- racter, is neither capable of virtue or vice in the ex- treme; but it secures his submission to those persons whom he has been accustomed to respect, and makes * ^^ An ignorant, mcrcennry, and servile crew; vnanimous in evU, dUis:ent in mischiefs variabh in principles, constant t0 Jlattery, taike.rs for liberty, but slaves to power ; stilling f/wm- selves'the court party, and the Prince's o/t^jz/ncn^s."-— Dav€- : oaat. * auNius. i7r hira a dangerous instrument of their ambition. Se- cluded from the world, attached from his infancy to one set of persons and one set of ideas, he can neither open his heart to new connexions, nor_ his mind to better information. A character of this sort is the soil fittest to produce that obstinate bigotry in poli- tics and religion, which begins with a meritorious sa- criGce of the understanding, and finally conducts the monarch and the martyr to tlie block. At any other period, I doubt not, the scandalous disorders which have been introduced into the government of all the dependencies in the empire, would have roused the attention of the public. The odious abuse and pros- titution of the prerogative at home; the unconstitu- tional employment of the military; the arbitrary- fines and commhments by the House of Lords and Court of King's Bench; the mercy of a chaste and pious prince, extended cheerfully to a wilful mur- derer, because that murderer is the brother of a common prostitute;* would, I think, at any other time, have excited universal indignation. Biit the daring attack upon the constitution, in the Middlesex election, makes us callous and indifferent to inferior grievances. No man regards an eruption upon the surface, when the noble parts are invaded, and he feels a mortification approaching to his heart. The free election of our representatives in Parliament comprehends, because it is, the source and security of every right and privilege of the English nation. The Ministry have realized the compendious ideas of Ca- ligula. They know that the liberty, the laws, and property of an Englishman, have, in truth, but one neck, and that, to violate the freedom of election, etrikea deeply at them all. JUNIUS. 17^ JUNIUS. LETTER XL. To Lord North. MT LORD, ACGTTST 22, 1770. Mr. LiittrelPs Kervlces were the chief support and ©rnament of the Duke of Grafton's administration. The lionour of rewarding them was reserved for your Lordship. Tlie Duke, it seems, had contracted an obligation he was ashamed to acknowledge, and un- able to acquit. Von, my Lord, had no scruples. You accepted the succession with all its incumbrances, and have paid Mr. Luttrell his legacy, at the hazard of mining the estate. When this accomplished youth declared himself the cliatni)ion of government, the world was busy inquir- ing what honours or emohiments could be a sufficient recompense to a young man of his rank and fortune, for submitting to mark his entrance into life with the universal contempt and detestation of his country. His noble father had not been so precipitate. To va- cate his seat in Parliament; to intrude upon a coun- ty in which he had no interest or connexion ; to pos- sess himself of another man's right, and to maintaia it in defiance of public shame, as well as justice, be- spoke a degree of zeal, or of depravity, which ail the favonrof a pious prince could hardly requite. I oro- test, my Lord, there is in this young man's conduct a strain of prostitution, which, for its singularity, J can- not but admire. He has discovered a new line in the human character; he has degraded even the name of Luttrell, and gratified his father's most sanguine ex- pectations. .., J. . The Duke of Grafton, with every possible disposi- tion to patronize this kind of merit, was contented with pronouncing Colonel Luttreli's nanegyric. The gallant spirit, the disinterested zeal of the young ad- venturer, were echoed through the House of Lords. His Grace repeatedly pledged himself to the House, as an evidence of the purity ot his fri.nd Mr. Lnt- . trell's intentions, that he hnd engaged without any prospect of personal benefit, and that the idea of com- JUNIUS. IT3 ppn?ation would mortally ofTend him.* The noble Duke could hardly be in earnest; but !ip had lately quitted hi^ employment, and began to think it neces- saiy to take some care of his reputation. At that very moment the Irisli negotiation was probably be- ^m. Come forward, tliou worthy representative of Lord Bute, and tell tiiis insulted countrj', who ad- vised tiie Kin^ to appoint Mr. Luttreil adjutant gene- ral to the army in frelarul. By what mana^emeiJr was Colonel Cunninghame prevailed on to resign his employment, and the obsequious Gi^boi'ne to accept of a pension for the government of Kinsalepf Was it an ori2;inal stipulation with the Princess of Wales; or does he owe his preferment to your Lordship's partial- ity, or to the Duke of Bedford's friendship p My Lord, though it m ly not be possible to trace this measure to its source, we can follow the stream, and warn th* country of its approaching deatructioil. The EnglisU nation must be roured, and put upon its guard. Mr. Luttreil iias already shown^ us how far he may be trusted, 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. Yonr Lordship best knows by whom. The corruption of the legisla- tive body on this side, a military force on the other, ajnd iheu, farewell to England ! It is impossible that - any Minister should dare to advise the King to place such a man as Luttreil in the confidential post of ad- jutant-general, if there were not some secret purpose ia view, which only such a man as Luttreil is fit to promote. The insult o0ered to the army, in general, is * £11' now nays that his great object is the rank of colonel, and that ;^f will kavc it. •f Thihed lioi'se of Stuart. We I-iment the mistakes of a good man, and do not be^''in to detest him until he affects to renounce liis princii'les. Why did you not adhere to that loyalty you once professed ? Why did you not follow the ex- ; ample of your worthy brother pf With him yon might 1 have shared in the lionour of the Pretender's confi- ' dfnce; with him you niisht have preserved the inte- : erity of your character, and England, I think, might \ XvAve spared you witliout regret. Y^our friends will say, perhnps, that, although you deserted the fortune ofyour liege Lord, you have adhered firmly to the ; priaciples which drove his father from the throne ; * This man mas always a rank Jacobite. Lord Ravmsworth jnoduced fhr rrost satisfadori/ evidence <)fhis having frequently drank the Prelender^s health on Ms knees. f Coiifid'iUial Secretary to the Inte Pretevder. This Cif^fUW- ■ Stan ce cvn/tnned the/riendship betrveai the brothirs, u2 m JUNIUS. that, withoot openly supporting the person, yon have done essential service to the cause ; and consolf d your- self for the los? of a favourite family, by reviving and establishing the maxims of tl:ifiir government. This is the way in which a Scotchman's understanding corrects the errors of his heart. My Lord, I acknow- ledge the trutli of the defence, and can trace it throufih all your conduct. I see through your whole life one uniform plan toenlargethepowerof the crown, at the expense of the liberty of the subject. To this object your thoughts, words and actions have beert constant- ly directfid. In contempt or ignorance of the common law of England, you have made it your study to in- troduce into the court where you preside, maxims of jurisprudence unknown to Englishmen.^ Tlie Roman code, the law of nations, and the opinion of foreign civillians, are your perpetual theme; but, who ever heard you mention Magna Charta, or the Bill of Rights, with approbation or respect.'' By such treacli- erous arts the noble simplicity and free spirit of our Saxon laws were first corrupted. The Norman con- quest w:is not complete, until Norman lawyers had introduced their laws, and reduced slavery to a sys- tem. This one leading principle directs your inter- pretation of the laws, and accounts for your treat- ment of juries. It is not in political questions only (for there the courtier might be forgiven) but let the cause be what it may, your understanding is equally on the rack, either to contract tlie power of the jury, or to mislead their judgment. For the truth of this assertion, I appeal to the doctrine you delivered in Lord Grosvenor's cause. An action for criminal con- versation being brought by a Peer against a Prince of the Blood, you were daring enough to tell the jury, that, in fixing the damages, they were to pay no re- gard to the quality or fortune of the parties ; that it was a trial between A and B; that they were to con- sider the offence in a moral light only, and give no greater damages to a peer of the realm, than to the meanest mechanic. I shall not attempt to refute a doctrine, wliich, if it was meant for law, carries false- hood and absurdity upon the face of it; hut, if is was meant for a declaration of your political creed, it is clear and consistent. Under an arbitrary government, all rank|3 and distinctions are confounded. The hor JUNIUS. m notir of a nobleman is no more considered thnti the re- putation of a peasant J for, with diflfeieut liveries, they are equally i^iaves. Even in matters of private property, we see the same bias and inclination to depart from the decision? oC yonr predecessors, which yon certainly ought to receive "IS evidence of the (iiommon law, Fnstead oi those certain positive rules, by which the jtidgment of a court of law should invariably be determined, yon have fondly intro iuced your own unsettled notions of riqcity arid substantial justice. Decisions given upon such principles do not alarm tlie public so much ax they ought, because the consequence and tendency oi each particular instance is not observed or regarded. In the mean time, the practice gains ground ; the Court of King's Bench becomes a couft of equity; and the Judge, instead of consulting strictly the law of the land, refers only to the wisdom of the court, and to the purity of his own conscience. The name of Mr. Justice Yates will naturally revive in your mind eom'e of those emotions of fear and detestation with which you always bi^held him. That great lawyei., that honest man, saw your whole conduct in thelig;ht that I do. After years of ineffectual resistance to thi=* pernicious principles intioduced by your Lordship, and uniiormly supported by y ov\v kximbh friends npori the bench, he determined to quit a court, whose pro ceedings and decisions he could neither assent to witii honour, nor oppose with success. Tiie injustice done to an individual* is sometime'? of service to the public. Facts are apt to alarm u? more tlian the most dangerous principles. The suf feriuiis and firmness of a printer have roused the pub- lic attention. You knew and felt tliat your conduct would not bear a parliamentary inquiry; and you hoped to escape it by the meanest, the basest sacrifice of dignity and consiHtency that ever was made by a great magistrate.^ Where was your firmness, where was that vindictive spirit of which we have seen so nSany exaraples,whcn a man so inconsiderable asBing- *Tfre oppression of an obtcnrc individual gave birth, to tfi>> 'Itmous Habeas Corpus Ad if 31 Car. JI. nhidi is frequenttl/ ^iflmidsred as anothrr Ma^na iViada (fthis kingdom. ' Blackston0..jii. \35,. 184 JUNIUS. ley could force you to confess, in the face of this country, that, for two years tcgetlier, yon liad ille- gally deprived an English suhject of his libei-ty, and that he had triumphed over you at last p Vet I own,^ my Lord, that yours is not an uncommon character.' Women, and men like women, are timid, vindictive, and irresolute. Their passions counteract each other ; and make the same creature at one mon)rnt liateful, Ht another contemptible. I fancy, my Lord, some lime will elapse before you venture to commit another Englishman for refusing to answer interrogatories.* The doctfine you have constantly delivered, in cases of libel, is another powerful evidence of a fet- tled plan to contract the legal power of juries, and to draw questions, inseparable from fact, within the ar- bitrium of the court. Here, my Lord, you have for- tune on your side. When you invade the province of the jury, in matter of libel, you, in effect, attack the liberty of tlie press, and, with a single stroke, wound two of your greatest enemies. . In some instances you have succeeded, because juryman are too often igno- rant of their own rights, and too apt to be awed by the authority of a chief justice. ^ In other criminal prosecutions, the malice of the design is confessedly as much tlie suljcct of consideration to a jury as the cer- tainty of the fact. If a different doctrine prevails in the case of libels, why should it not extend to all cri- minal casesp Why not to capital offences? I see no reason (and I dare say you will agree with me, that there is no good one) why the life of the subjectshould be better protected against you than his liberty or propeity. ^Vh,v siiould you enjoy the full power of pillory, fine, and imprisonment, and not be indulged with hanging or transportation? With your Lord- ship's fertile genius and merciful disposition, I can con- ceive such an exerci.-e of the power you have, as could hardly be aggravated by that which you have , not. * Bii'clcy n'n.i commlllrdfor conirmpt, in ml svbmitting lo be eTOininid. IJt lav in prison two years, until iht Crown thought the matin vns.hl "occasion some serious complaiyit, and there'- fore he itns Irt out, hi the same contumelious state he had heti' put in.nnth all his sins about him, ■unnnmntcd and uvanrahfi There was much coquetry brtwrcn the Court and the Atton: General, aboict who should, n7tder.^o the ridi.ciile of kttiv^, ' esfCLipr Vide atether Let'or to Alraofl, p. 16^. JUNIUS, m Btit, my Lord, since 70U have laboured (and not unsuccessfully) to destroy the substance of the tnal^ why should you suffer the form of the verdict to re- main p Why force twelve honest men, in palpable vio- lation of their oaths, to pronounce their fellow-subject a g^dlty man. when, almost at the same moment, you forbid their inquiring into the only circumstance which, in the eye of law and reason, constitutes guilt ; the malignity or innocence of his intentions? But I nnderstand your Lordship. If you could succeed in making tlie trial by jury useless and ridiculou.^ you might then, with greater safety, introduce a bill into parliament for enlarging the jurisdiction of the courts and extending your favourite trial by interrogatories to every question ia which the life or liberty of an Englishman is concerned.* Your charge to the jury, in the prosecution against Almon and Woodfall, contradicts the highest legal authorities, as well as the plainest dictates of reason. In Miller's cause, and still more expressly in that of Baldwin, yon have proceeded a step farther, and grossly contradicted yourself. You may know, per- haps, though I do not mean lo insult you by an ap- peal to your experience, that the language of truth is uniform and consistent. To depart from it safely, re- quires memory and discretion. In the two last trials, your charge to the jury began, as usual, Avith assuring them, that they had nothing to do with the law ; that iliey were to find the bare fact, and not concern them- selves about the legal in'erences drawn from it, or the degree of the defendant's guilt. Thus far you were consistent with your former practice. But how will you account for the conclusion p You told the jury, that " if, after all, they would take upon themselves * The phiIosoph:cil poel doth, notably describe the damnaple and damned proceedings of the judge of hell : " Gnossijis hitc Rhndamnnthus habct durissima regno, *' Castigatque,auditf negotiation between the two court?. They liad leen disiMis should ever accede to such an accommodation as thej have since advised their Master to accept of. The King says, The honour of my croron^ and ikt rights of m>) people are deeply affected. The Spaniarti i^ bis reply, says, I mil give you back yossessiouj btn JUNIUS. 163 dkere to my claim of prior right, reserviti^ the as- tion of it for a more favourable opportunity. The speech says, 1 made an immediate demmid of i^'attion ; and, if that Jails, I am prepared to do my- f justice Tiiisiinmedi^'e demand mast have been it to Madrid on the 12th of 8ept<^mber, or in a few ys after. It was certainly refused, or evaded, and ^ King has not done himself justice. When the first agistrate speaks to the nation, some care should be ken of his apparent veracit7. Tlie s^/eech proceeds to sa)'', I shall not discontinue I preparations, until I have received proper reparation ' the injury. If this assurance may be relied on, lat an enormous expense is entailed sine die upon IS unhappy country ! Restitution of a possession, and laration of an iojiry, are as different in substance they are in lan^^uaj^e. The very act of restitution ly contain, as in this instance it palpably does, a iraellil agsjravation of the injury. A man of spirit lesnot measure the degree of an injury by the mere isitive damage he has sustained ; he considers the inciple on wliich it is founded; lie resents the supe- irity asserted over him; and rejects, witk indigna- «i, the claim of right which his adversary endea- nrs to establish, and would force him to acknow- ijge. The motives on which the Catholic King makes res- !ution, are, if possible, more insolent and disgraceful 1 our Sovereign, than even the declaratory condition loexed to it. After taking four months to consider liether the expedition was undertaken by his own iders or not, he condescends to disavow the enter- lise, and to restore the island; not from any regard fljtistice, not from any regard he bears to his Britannic ) 2J^^ty, but merely/row the persuasion in which he of the pacific sentiments of the King of Great Britain. At this rate, if our King had discovered the spirit a man; if he had made a peremptory demand of tisfiction, the King of Spain would have given him .peremptory refusal. But why this unseasonable, is ridiculous mention of the King of Great Britain's pcific intentions.!' Have they ever been in question p ' as lie the aggressor p Does he attack foreign powers Mhout provocation .f' Does he even resist, when he insulted? IVo, Blr; if an/ideas of strife or hostility 194 JUNIUS. have entered his royal mind, they have a very d?ffe ent direction. The eueoties of England have nothin to fear from them. After all, Sir, to what kind of disavowal has tli King of Spain at last consented ? Supposing it mad in proper time, it should have been accompanied wit instant restitution: and if Mr. Buccarelli acted wjti out orders, he deserved death. Now, Sir, instead < immediate restitution, we have a four month's negc tiation: and the ofBc.er, whose aci is disavowed, k, turns to court, and is loaded with honours. , If the actual 'situation of Europe be considered, tl'^ treachery of the King's servants, particularly of Lor, l^'^orth, who takes the whole upon hiras.-lf, will appe<^ in the strongest colours of aggravation. Our allit, were masters of the Mediterranean. The King ■( France's present aversion from war, and the distraij tion of his affairs are notorious. He is now in a sta^ of war with his people. In vain did the Catholic Kirt soJicit him to take part in the quarrel against us. H, finances were in the la;^t disorder; and it was probi ble that his troops might find sufficient employment ^ home. In these circumstances, we raiy;ht have diet;; ted the law to Spain. There are no terms to whic, she might not have been compelled to submit. At t!, worst, a war with Spain alone carrie.« the fairest pr< jnise of advantage. One good effect, at least, wou; have been immediately produced by it. Tlie dese, tion of France would have irritated her ally, and, i all probability, have di>solved the family compac The scene is now fatally chmged. The advantage thrown away. Tlie most favourable opportunity i lost. Hereafter we shall know the value of it VVlje the French King is reconciled to his subjects — whe Spain has completed her preparations — when tlie coi lected strength of the hoi'.se of Bourbon attacks us i once, the King himself will be able to di'termine upc the wisdom or imprudence of his present conduct. .* far as the probability of argument extends, we ma safely pronounce, that a conjuncture which threatei the very being of this country, has been wilfully pr pared and forwarded by our own Ministry. How tl the people may be animated to resistance, under t! /present administration, I know not; but this 1 ltno\' with cei'iaioty, that, under tlie pres^irt admiuistratior ; JUNIUS. 195 •rlfany thing like it sliould continue, it is of very lit- le moment whether we are a conqaered nation or ot* Having travelled thns far in the high road of mat- er of fact, 1 may now be permitted to wander a little ito t he field of imagination. Let us banish from our linds the persuasion, that these events have really appened in the reign of the best of Princes; let us Dnsider them as nothing more than the materials of fable, in which we may conceive the Sovereign of 'me other country to be concerned. I mean to violate '1 the laws of probability, when I suppose that this aaginary King, after having voluntarily disgraced imself in the eyes of his subjects, might return to a n?e of his dishonour; that he might perceive the are l.iid for iiim by his Ministers, and feel a'S.iark 'shame kindling in his breast. The part he must ^en be obliged to act would overwhelm him with '•nfusion. To his Parliament he must say, / called jtt together t9 receive your advice, and have ne- 'r asked your opi7iion. To the merchant, / have dis- ■'.ssed your commerce: 1 have dragged your seamen t of your ships; I have loaded you with a grievotis Hght of insurances. To the landholder, / told you r rvas too probable, nhen J n^as determinded to submit any terms of accommodation; I extorted new taxes 'm you before it was pomble they could be wanted, H am now unable to account for the application of w. To the public creditor, / have delivered up cr fortune a prey to foreigners, and to the vilest of *rAe A'fwg-'j accrplnnce of the Spanish axnhassador''s declara- >h is drawn up in barbarous French,, and signed by the Eart iRoeJford. This diplomatic Lord has spent his life in the )J]( and practice o/etiiiuettes, and is supposed to be a pro- ti.d master of the ceremonies. I will not insult him bj any rence to grammar or common sense : if he were even ac- intedwith the common forms of his office, I should thinh I as well quaUJitdfor it as any man in his Majesty^ s service. 'r- reader is requested to observe Lord Rnchford's method of ^lenficating a public instrument: '* En soi, de quoi,moi ■signes un des princrpaux Secretaires d'Etat S. M. B. ai e la presente de ma signature ordinaire, ct icelle fait oppe- I: e eachet de nos Armes." In three lines there are no less than f^nfalse concords. But the man does not even know the style is office. If ht had known it, he ivould have said, " Nous', signc Secnteirc d'Etat ic S. i»X, B. a vons sisne," ^-cv 196 KJNIUS. yQur fellow mhjeds. Perhaps this repenting Pi might conclude with one general acknowledgme them all : / have involved every rank of my sicbjec anxiety and distress ; and have nothing to offer yo return, but ike certainty oj national disnonoury an ed truce, and peace without security. If these accounts were settled, there would sti main an apology to he made to hi? navy and t army. To the first he would say, You were one terror of the world. But go back to your harbour man dishonoured, as I am, has no use for your so It is not prohnble that he would appear acjain b his soldiers, even in the pacific ceremony of a revi But, wherever he appeared, the humiliating cc sion would be extorted from liitn: / have recti blow, ^'. id had not spirit to resent it. I demanded sat tion, and have accepted a declaration, in which the to strike me again is asserted and confirmed. His ■ tenance, at least, would speak this language, and bis guards would blush for liim. But to return to our argument. The Ministi seems, are labouring to draw a line of distinctio tween the honour of the crown and the rights c people. This new idea has yet only been started i course; for, in effect, both objects have been eq sacrificed. I neither understand the distinctioi what use the Ministry propose to make of it. King's honour is that of his people. T/ieirrealh' and real interest are the same. I am not conto for a vain punctilio. A clear, unblemished chai comprehends not only the integrity that will not but the spirit that will not submit to, an injury whether it belongs to an individual, or to a com ty, it is the foundation of peace, of independent of safety. Private credit is wealth; public hon security. The feather tliat adorns the royal supports his flight. Strip hira of his pluraasre, an fix him to the earth. JUNI * A mistake: he appears before them every day, iv mark of a blon upon kisface, Proli pudor ! LETTER XLIII. To the Prmter of the Public Advertiser. R, Febbuart 6, 1771. I HOPS your correspondent, Junius, is better em- oyed than in answering or reading the criticisms oi' newopeiper. Thirii is a task, from which, if fie were . dined to submit to it, his rriei)d> ou2;ht to relieve ■ m. Upon tliis principle, I shall undertake to an- rer Anti-Jnninf, more, 1 believe, to his conviction, : an to his satisfaction. Not daring to attack the ain body of Jiinhis's last letter, he triumphs ia iving, as he tliinks, surprised an op.t-post, and cut F a dftached argument, a mere straggling proposi- . >!i. But even in this petty warfare he shall find mself defeated. Junius does not speak of tlie Spanish nation as the ■ tural enemies of England ; he applii^sthat descrip- i >n, with the sti ictest truth and justice, to the Spaii- I court. From the moment, when a Prince of the use of Bourbon ascended that throne, their wlioh^ I stem of government was inverted, and became ftile to this country. Unity of pon.-jesgion introdi;- "d a unity of politics ; and Lewis the Fourteenth - d reason, when he ^aid to hi? gr:ind«on, " Tke Py- lees are removed.-' The hiowers. But, if we could suppose the sovereign \ free nation possessed with a design to make '>ira- -ib.solut*. he would be incr^nsistf-nt with liinr^^lf; te suffered uis nrojrcts to be interrupted or embar- ked by a iorrign war, unless thit war tended, as in c cases it mi;;ht, to promote his principal design. I 188 JUNIUS. Gf the three exceptions to thi:< general rule ofconduo (quoted by Anti Junius) that of Oliver Cromwell ia th* iMily one in point. Harry the Eighth, by the submis sfion of his Parliament, was as absolute a Prince aj Lewis the Fourteenth. Queen Elizabeth's govern ment was not oppressive to the people, and as to hei fbreign wars, it ought to be considered, that they wen jniavoidable. The national honour was not in ques tion. She was compelled to fight in defence of her owi jierson, and of her title to the crown. In the comitioi eanse of selfish policy, Oliver Cromwell should havej /•ultivated the friendship of foreign powers, or, a-i least, have avoided disputes with them, the better to establish his tyranny at home. Had he been only a feiad man, he would have sacrificed the honour of the Mation to the success of his domestic policy. But, iMth all his crimes, he had the spirit of an English- man. The conduct of such a man must always be an exception to vulgar rule>'. Me had abilities sufficient to reconcile contradictions, and to make a great na- tion, at the same moment, unhappy and rorniidablc. if it were not for the respf^ct I bear the Minister, I rould name a man, who, without one grain of under- standing, can do half as much as Oliver Cromwell. ^Vhethcr or no there be a secret iystcm in the closet, and what may he (he object of it, are questions whicii ran only be determined by appearances, and ou which »rVPTy man must decide for himself. The whole plan of Junins's letter proves, that he liimself makes no distinction between the real honour *»f the crown and the real interest of the people. (n The climax to which your correspondent objects, Ju- nius adopts the language of the court, and, by that ( onformi'y, gives strength to his argument. He says, ihat ''the King has not ordy sacrificed the interest oj the people, but (what was likely to touch him more nearly) his personal rcptUalion, and the dignity of his^ <-?o?r«." The queries put by Anti Junius can only be answer- ed by the Ministry. Abandoned as they are, I fanqy iticy will not confess, that they have, for so mai)^ voars, maintained possession of another man's pi^ portv. ^fter admitting the assertion of the Ministpfj xh.'That the Spaniards had no rightful claim, ; after jnstifvjngthtu) for saying ?o, it is his hwfm ©t mine, to give us some good reason for their suf- '.ring the pretewians of Spain tt be a subject of nego- ation. He admits tlie fact; let iiim reconcile theia he can. The last paragraph brings ns back to the original uestion, VVhetlier the Spanish declaration contains iich a satisfaction as the King of Great Britain ui^ht to have accepted ? This was the field upon T hich he ought to have encountered Junius openly nd fairly. But here he leaves the argument, as no mger defensible. I shall, therefore, conclude witii ne general admonition to ray fellow -sutijects; that, hen they hear these matters debated, they -houlcl ot suffer themselves to be misled by general declima- ions upon the conveniences of peace, or the miseries ^|f war. Between peace and war abstractedly, there (li not, there cannot, be a question, in the mind of a ifitional being. The real questions are, Have we any i.curilif that the peace ive have so dearly purchased rvill ist a twelvemonth ? a nd if not, Have we, or have we not, tcrificed the fairest opportunity of making war with dvantage? PHILO JUNIUS. LETTER XLIV. Addressed to the Printer of the Public Advertiser, a, April 22, 177T. ■' To write for profit, without taxing the press; to 'rite for fame, and to be unknown; to support the ttrigues of faction, and to be disowned as a danger- is auxiliary by every party in the kingdom, are ontradictions which the Minister must reconcile be- •re I forfeit my credit with the public. I may quit le service, but it would be absurd to suspect rae of •3sertion. The rvputatio0 of these papers is an ho- iurable pledge for my attachment to the people, to sacrifice a re^pected character, and to renounce ^le esteem of society, requires more than Mr. Wed^ *arbu rue's resolution: and though in him it was ra- cier a profession than a desertion of his principles (I *ieak tenderly of this gentlem-in ; for when treachery. * in question, [ think we should make allowattcee for 2€f JUNIUS. a Scotchman) yet we have seen him in the Hoase o Commons overwhelmed with confnsicn, and almosl bereft of his faculties. But, in truth, Sir, I have leii no room for an accommodation with the piety of St James's, My offences are not to be redeemed b> recantation or repentance. On one side, onr wavmesi patriots would disclaim me as a btirden to their hoi ne«t ambition. On the other, the vilest prostitution. if Junius could descend to it, would Jose its natural merit and influence in the cabinet, and treachery b^ no longer a recommendati'^n to the royal favour. i The persons who, till witiiio the«e few years, have been most distinguished hy tlieir zeal for high-chnrcb< and prerogative, are how, it seems, the great assertora] of the privileges of the House of Commons. This sud-( den alteration of their sentiments, or language, carrief^ with it a suspicious appearance. When I hear tho undefined privileges of the popular branch of the Le-i gislatnre exalted by Tories and Jacobites, at thg expense of those strict rights which are known to the Subject and limited hy the lawe, I cannot but suspect! that some mischievous scheme is in agitation, to dei stroy both law and privilege by opposing them tq each other. Tliey who have uniformly denied tha power of tlie whole Legislature to alter the descent oi the Crown, and whose ancestors, in rebel'ion against bis Majesty's family, have defended that doctrme at the hazard of their lives, now tell us, that privilege oj Parliament is the only rule of right, and the cliiet security of the public freedom. I fear, Sir, that, while forms remain, there has been some material change in the substance of our constitution. Thd opinions of these men were too absurd to be so easily renounced. Liberal minds are open to conviction; liberal doctrines are ca pable of improvement There are proselytes from athei.nn, but none from superstition; If their present professions were sincere, I think they could not but be higb.ly offended at seeing a quet^tioni concerning pailiamentary privilege, unnecessarily "Started at a season so unfavourable to the House ol Commons, and by so very mean and insignificant a person as the minor Onslow. They knew that tlie present House of Commons, having commenced hos c tilitics with the people, and degraded the autliortye of the laws by their o^vu example, were likely enoujli JUNIUS. 201 \y^ be resisted per fas et nf/as. If they were really fiends to privilege, they would have thotij^ht the ■(uestion of right too dangerous to be hazarded at this icafion, and without the formality of a convention, [ yould have left it undecided. I I have been silent hitherto, though not from that [ihameful indifference about the interests of society, i'jhicb too ni?*ny of i\? profess, and call moderatioa. I i confesp. Sir, tlint I felt the prejudices of my educa- Hon in favour of a House of Commons still hanging bout me I thought that a question between law "nd ;irivilege could never be brought to a formal de- cision without inconvenience to the public service, or i. mauifpst diminution of legal liberty; and that it tught therefore to be carefully avoided : and when I iaw that the violence of the House of Commons had ^iarried them too far to retreat, i determined not to veliver a hnsty opinion upon a matter of so much ielicacy and importance. ;i The state of tilings is much altered in this country nnce it was necessary to protect our rgpresontatives < gainst the direct power of the Crown. We have li'othing to apprehend from prerogative, but evtry qihing from undue influence. Formerly, it was the nterest of the people that the privileges of Parlia- lent sliould be left unlimited and undefined At resent, it is not only their interest, but 1 hold it to be ssentially necessa'ry to the preservation of the con- dtution, that the privileges of Parliament should be 'i:rictly ascertained, and confined within the narrowest ounds the nature of their institution will admit of. Jpon the same principle on which I would have egisted prerojrative in the last century, 1 now resist rivilege. It is indifferent to me, whether the CroAvn, y its own immediate act, imposes new, and dispenses ith old laws, or whether the same arbitrary power [Toduces the same effects through the medium of the ilouse of Commons. We trusted our representatives ith privileges for their own defence and ours. We oannot hinder their desertion, but we can prevent I'leir carrying over their arms to the service of the ) lemy. It will be said, that I begin with endeavour- "fg to reduce the argument concerning privilege to a M'-ere quesU^a tf ceHvenieDcej that I deny, at eB« ii. ^ 202 ^MUS. moment, what I would allow at another ; and that,! to resist the po\Ter of a prostituted House of Commons,' may establish a precedent injurious to all Ttituret parliament:^. To this I answer, generally, thAt hu- man dffiirs are in no instance governed by strict positive right. If chang:*? of circnmstances were to* have no weight in diieetins our conduct and opinions, the mutu-il intercourse of mankind would be nothing more than a contention between positive and equita- ble right. Society would he a state of war, and lawi itself would be injustice. On this general ground, it is highly reasonable, that the dearee of our submission^ to privileges which have never been de6ned, by any' positive law, should be considered as a question oft convenience, and propoitioned to the confidence we' repose in the integrity of our representatives. As to' the itijury we may do to any future and more respect-' able House of Commons, I owu I am not now sanguine' eno(ieii to expect a more plentiful harvest of parlia- mentary virtue in one j^ear than in another. Ourj political climate is severely altered ; and, without dwelling upon the depravity of modern times, I think' no reasonable man will expect that, as human nature* is constituted, the enormous influence of the Crown' should cease to prevail over the virtue of individuals. ^ The mischief lies too deep to he cured by any remedy j less than son)e great convulsion, which may either I carry back the constitution to its original princii:les,' or utterly destroy it. I do not doubt, that, in the first session after the next election, some popular measures may he adopted. The present House of Commons have injured themselves by a too early and public- profession of their principles; and if a strain of pros-' titutiou, which had no exnmple, were within the reach of emulation, it might be imprudent to hazard the ex- periment too soon. But after all, Sir, it is very im- material, whether a House of Commons shall preserve their virtue for a week, a month, or a year. The influence which makes a septennial Parliament de- pendent on the pleasure of the Crown, has a perma- nent operation, and cannot fail of success My pre- mises, I know, will be denied in argument; but every man's conscience tells him they are true. It remains^ then, to be coasidered, whe,ther it be for the ijit^esV JUNIUS. 203 people, that privilege of Parliament* (wliich in ct to the purposes for which. it has hitherto beeu icqiiiesced under, is merely nomiEial) should be con- pflfted within sonic certain limits; or, whetlier t!ie abject sliall.be left at the mercy of ;i power, arbitrary pon the face of it, and notoriously under tlie direction ^ the Crown. x I do not mean to decline the question of right; on the bntrary, Sir, 1 join issue with the advocates for priyi- lidge, and affirm, that, excepting the cjisef," wherein tfie louse of Commons are a court of judicature (to which, ff-om the nature of their office, a coercive f)ower mu?L /,elong) and excepting such contempts as immedi.itc- ,(,p interrupt their proceeditij!', they have no legal au- jliority to imprison any man for any supposed viola- ion of privilege whatsoever." It is not pretended I hat privilege, as now claimed, has ever been defined )i»r confirmed by statute; neithcrcan it be said, witli /iny colour of truth, to be a part of the common lau- •f England, which had grown into prescription long )ef()re we knew any thing of the existence of a House !!>f Common.s. As for the law of Parliament, it is only iiinother name for the privilege in question: andsiuce jlie power of creating new privileges has been forni- >JIy renounced, by both Houses, since there is no codf vin wliich we can study tlie law of Parliament, v.e 1 lave bu.t one way left to make ourselves acquainted ^jvith it; that is, to compare the nature of the institu- jjion of a Hoiiseof Commons with the facts upon record. iiTo establish a claim of privilege in either House, and : o distinguish original right from usurpation, it mu^t jippear, that it is indispensably necessary for tlie per- formance of the duty they are employed in, and also iihat it lias been uniformly allowed. From the first jj&rt of this description, it follows clearly, that, wliat- J * The necessity of securing the House of Commcms agaimt he Kirg's porvcr, so that no inh TTuption mi%ht be given cither o the attendance of ike members in Parliament, or to thefrec- ■tom of debate, nas thefoundation of Farliamentary privHesc : '^md we may observe, in all the addresses of new appointed speakers to the Sovereign, the utmost privilege they demand, is ; iberty of speech, and freedom from arrests. The very word iiriviles^e means no more than immunity, or a safeguard to the i.aarti/ nho possesses if, nvd can never be cors^ucd into an active ■joner of invrtfitng the rights nf others. 204 JJTNFUS. rv'er pilvlle*e does of right belong: to llie preseal House of Commons, did eqiially belong to tlie first sssfmbly of their predecessors; was as completely vested in thera, and might have been exercised in tlie same extent. From the second we must infer, that privilege-*, which (or several centuries were not only never allowed, but never even claimed by the House of Commons, must be founded upon usurpation. 'J'he constitutional duties of a House of Commons are not very complicated nor mysterious. They are to pro- pose or assent to wholesome laws, for liie benefit of the nrttlon. They are to grant the necessary aids to the King ; petition for the redress of grievances; and prosecute treason or high crimes against the state. If unlimited j rivilege be necessary to the performance ' of these d-ities, we have reason to conclude, that, for many centuiies after the institution of the House of Connnons, they were never performed. I am not bound to prove a negative; but 1 appeal to the Eng- lish hi>tory, when I affirm that, with the exceptions already stated, which yet I might safely relinquish, there is no precedent, from the j^ear 1265, to the death of Queen Elizabeth, of the House of Commons having imprisoned any man (not a member of their House; for contempt or breach of privilege. In the most fla- grant cases, and wiien their acknowledged privileges were most grossly violated, the 'poor Commons, as thoy then styled themselves, never took the power of puniehmei)t in their own hands. They either sought ledress by petition to the King, or what is more re- markable, applied for justice to the House of Lords; and, when satisfaction was denied them, or delayed, their only remedy was to refuse proceeding upon the King's business. So little conception had our ances- tors of the monstrous doctrines now maintained con- cerning privilege, that, in tlic reign of Elizabeth, even liberty of speech, the vital principle of a deliberate assembly, was restrained by the Uneen's autiiority to a simple aye or no ; and this restriction, though im- posed upon three successive Parrnments,* was never ©nee disputed by the House of Commons. 1 know there are many precedents of arbitrary commitments for contempt; but, besides that they are * U the Hears 15^3, 1597. nnd t6>»l. J*JNIUS. 2QJ. jof too modern a date to Avarrant a presumption that JiBuch a power was originally vested in the House oi" \\ Commons, fact alone does not constitute right. If it sidoes, general warrants were lawful. An ordinance ; of the two Houses has a force equal to law ; and the * criminal jurisdiction assumed by the Commons in h- 1621, in the case of Edward Lloyd, is a good prece^ pi dent to warrant the like proceedings against any mar* l.who shall unadvisedly mention the folly of a King or I the ambition of a Princess. The truth is, Sir, that the ii'greatest and most exceptionable part of the privileges ' now contended for, were introduced and asserted by tia Hou?e of Commons, which abolished both Monar- ilchy and Peerage, and whose proceedings, although sthey ended in one glorious act of substantial justice, Teould no way be reconciled to the forms of the con- I'l'stitution. Their successors profited by the example^ jiand confirmed their power by a moderate or popular use of it. Thus it grew, by degrees, from a notorious innovation at one period, to be tacitly admitted as the privilege of Parliament at another. If, however, it could be proved, from considerations of necessity or convenience, that an unlimited power of commitment ought to be intrusted to the House of Commons, and that, in fad, they have exercised it without opposition, still, in tontemplation of law, the presumption is strongly against tliera. It is a leading maxim of the laws of England (and, without it, all laws are nugatory) that there is no right without a remedy, nor any legal power without a legal course to carry it into effect. Let the power, now in ques- , tion, be tried by this rule The speaker issues his Hwarrantof attachment. The party attached either resists force with force,^ or appeals to a magistrate, \who declares the warrant illegal, and discharges the prisoner. Does the law provide no legal means for enforcing a legal warrant p Is there no regular pro^ needing pointed out in our law books, to assert and vindicate the authority of so high a court as the House of Commons? The question is answered directly by the facti their unlawful commands are resisted, and they have no remedy. The imprisonment of their own members is revenge indeed ; but it is uo assertion o? 12 Ii06 JUNIUS, I the privilege Ihey contend for.*= Their whole pro- ceeding stops ; ai)u tiiere Iht-y stand, ashamed to re- treat, and unable to advance. tSir, these ignorant men shosild be informed, thai tlie execution of the laws of England is not left in this uncertain, deCence- le?;s condition. If tlie process of the courts of West- uiinster-hall be resisted, they have a direct course to enforce snbniis?inn. Tlie conil of King's Bench corn- anands the sherilF to raif^e the posse comitaius; the courts of Chancery and Exchequer issue a v:rit ofye- hellion; which must also be supported, if necessary, by ttie power of the country. To whom will our ho- nest representatives direct their writ of rebi-liion,^ The guards, I doubt not, are willing enough lo be wnployed; but they know nothing of the doctrine of writs, and may thiiik it necessary to wait for a letter IVoni Lord Barrington. It may now be objected to me, tliat mv arguments prove too much ; for that certainly there may be in- stances of contempt and insult to the House of Conj- luons, which do not fall within my own exception?^ yet, in regard to the dignity of the House, ought not to j)ae3 unpunished. Be it so. The courts of criminal j.irisdictiou are open to prosecutions, which the At- torney-General may commence by inibrmation or in- dictment. A libel tending to asperse or vilify the House of Commons, or any of their nieR^hers, may be as severely punished in the Court of King's 'dench, as a libel upon the King. Mr. De Grey thought so, when he drew up the inforixialion of my letter to Wm M:)jesty, or he had no meaning in charging it to be a scandalous libel upon the House of Commons. In my opinion, they would consult their real dignity jnuch better, by appealing to the laws, when they are offended, than by violating the first principles of na- tural justice, wliicli forbids us to be judges, when vve are parties to Use causcf S= Uipon tkeir orjnpriRCipUt, they should hnvt commiiled Mr. fVUkcs, nho had been guilty of a greater offence than eve?i the Loni Ma',oror Aldennan Oliver. But^tifier rcptateAly order' ifl.g him to attend, ihci) al last adjourned- beyond ike day ap' pointed/or his nUc;:da:ice, and by this mean, pitiful evasion, gave vp the p('liil. i " Ifii be demanded, iv case a subject shou'd be committed (ij cithi^r JJvusi. for a matter vianlfcstly out of ihdr jtciisdic- JUNIUS. 207 ! - Idonotraeantopur.^uptiiem lurongh the remainder lof tlicir proceedings. In their first resolutions, it is pos- sible tliey niiffht liavebeen deceived by ill considered iprece.ients. For the rest, there is no colour of pallia- tion or excuse. They have advised. the King to re- sume a power of dispensing vvitii the laws by royal proclamation;* and Kings we see are ready enough to follow euch advice. By mere violence, and with- out the shadow of right, they have expunged the re- 3Cordof a judicial proceeding.-)- Nothing remained but to attribute to their own vote a power of stopping the whole distribution of criminal and civil justice. The public virtues of the Ciilcf Magistrate havi"? •rlong since ceased to be in question. But, it is said that iie has private iiood qualities; and I myself have been ready to acknowledge them. They are now- brought to the test. If he loves his people, lie will dissolve a Parliament, which they can never confide in or respect. If he has any regard for his own honour, 'le will disdain to he any longer connected with such abandoned prostitution. But, if it were conceivable, that a King of this country had lost all sense of per- gonal honour, and all concern lor the welfare of his inbjects, I confess, Sir, 1 should be contented to re- [tion, what remedy he can have? Innsner, that it canvot TuelL ■ ie imagiaed that the law, n'hich, favours notkin<^ more, than the "ibcrtii oJ'Uu fiibjert, should give ?/.? a remtdy against covmiit- •nenls by the King himself, appearing to be illegal, and yet give 'aw no manner of redress against a cc>mmilment by ourfellctv- 'iubjects, eqitally appearing to be unwarranted. But, as this "s a case which, I am persuaded, will never happen, it seems ticcdksi over-nicely to examine it." Hawkin?, ii. 1 10. ' iV. B. He was a good lawyer, but no prophet. ■ * That their practice might be every way conformable to their .Principles, the House proceeded to advise the Crown to pnblisk I proclamation, vniversally aclinowhdged to be illegal. JMr. Vorclon publicly protested against it before it was issued ; and Lord Mansfield, though nut scnipnlons to an extreme, speaks if it with horror. It is remarkable enough, that the very mer^ vho advised the proclamation, and who hear it arraigned every lay, both within doors and without, are not daring enough to liter one word in iti defence: nor have they ventured to take ■he least notice of Mr. Wilkes, J or discharging the persons ap- irekindrd under iti t Lord Ciialham wry properly called (his tite aot Gfamf^f. Wf f'f ft SCKUf.': 2&8 JUNIUS. noiince the forms of Iheconsti tution oncer.iore, if th«t; were no other way to obtain substantial justice for the people.* JUI^IUS, LETTER XLV. To the Frinter of the PvhUc Jdvertiser. SIR, Mat 1,1771. They who object to detached parts of Jiiniiis's last letter, either do not mean him fairly, or have not con- sidered tlie general scope and course of his arjrnment. There are degrees in all the private vices; why not in public prostitution p The influence of the Crown naturally makes a septenoial Parliament dependent. Does it follow, that every House of Commons will S lunge at once into the lo7vest depths of prostitution ? unius supposes, that the present House of Commons, * IVhcn Mr. Wilkes mas to be pvnished, they made no scruple lihout Ihc privileges of Farliamenl ; and uUhou^h it was as wdl known as any matter of public record and uninierruplid cusiovi could be. That the members of either House are privileged , except in case of treason, felony, or breach of peace, tliey declared nnlkout hesitation, That privilege of Parliament did not extend to the case of a seditious libel ; and vndovbiedlif they nould have done the same if Mr. Wilkes had been prose- cuted for any other misdemeanor whatsoever. The Ministry are, of a sudden, groivn wonderfully careful of privileges y which their predecessors were as ready to invade. The knojvn l-aws of the land, the rights of the subject, the sanctity of char- ters, and the reverence due to our magistrates, must all give may, without question or resistance, to a privilege of which no WMu knows either the origin or the extent. The House ofCom- ?no as judge of their own privileges without appeal: they may take offence at the most innocent action, and imprison the per- son who offends them during their arbitrary will and pleasure. The party has no remedy: he cannot app-alfrom their jurisdic- tion : and if he questions the privilege which he is supposed to have violated, it bec&mes an aggravation (f his offence. Surely this^octrinc is not to be found in Magna Charta. If it be ad- mitted nithovl limitation, I nffinn Vial there is neither law not liberty vi this kingdom. We are ike slaves of the House ofConi- fi'ons : and, through thetn, ne arc tlavcs of the King and' ■Mhiishrs. AROnyiBOiis. I JL'NI&S: 209 111 ::oing gncii enormous length?, have been iinprudent ' to themselves, as well as wicked to the publir, ; that j their example is not within the reach of emulation ; I and that, in the first session after the next election, some j popular measuresmay probably he adopted. Uedoes j not expect that a dissolution of Parliament wil} de- i stroy corruption, but that, at least, it wili be a check I and terror to their successors, who will have seen, j that, in flagrant cases, their constituents can and will j interpose with efl'ect. Alter all, Sir, will you not en- j deavour to remove or alleviate the most dangerous j symptoms because you cannot eradicate the disease? I Will you not punish treason or parricide, becausethe I sight of a gibbet does not pre- ent highway robberies P I When the main argument of Junius is admitted, to be I unanswerable. I think it would become the minor cri- tic, who hunts for blemishes, to be a little more dis- itrustful of his own sagacity. The other objection is hardly worth an answer When Junius observes, that Kings are ready enough to follow such advice, he does not mean to insinuate, that, if the advice of Parlia- ment were good, the King would be so ready to fol« low it. PHiLO JUNIUS. LETTER XLVI. Addressed to the Printer of the Public Jdvertiser. May 22, 1771. Vert early in the debate upon the decision of the ■ Middlesex election, it was well observed, by Junius, that tlie House of Commons had not only exceeded theii- boasted precedent of the expulsion, and subse- quent incapacitation of Mr. Walpole, but that tbey had not even adhered to it strictly, as far as it went. After convicting Mr. Dyson of ;giving a false quo- tation frora^ the journals, and having explained the purpose which that contemptible fraud was intended to answ or, be proceeds to state the vote itself, by which Mr. \Valpole'8 .supposed incapacity was declared, viz. *' Resolved, That Robert Walpole, Esq. having .been this session of Parliament committed a prisoaer 2l« JtJNIUS. to Ihe Tower, and expelled this Houce, for a high breactj of trust in the execution of his office, and noto- rious corruption when .Secretary -t War, was, ind is incapable of being elected a meruber to serve in this present Parliament." And then observes, that, from the terms of the vote, we h ' ve no right to aimex the incapacitation to the expulsion only; for that, as the proposition stands, it must arise equally from the ex- pulsion and the commitment to the Tower. I believe, Sir, no man, who knows any thing of dialectics, or ■who understands English, will dispute the trut.h and feirness of fliis construction. But Junius has a great authority to support him, which, to speak with the Duke of Grafton, I accidentally met with this morning in the course of my reading. It contains an admoni- tion, which cannot be repeated too often. Lord Som- mers, in his excellent Tract upon the rights of the peo- ple, after reciting the votes of the convetition of the 28th of January, ie;89, viz. "That King James H. ha- ving endeavoured to subvert the constitution of this kingdom, by breaking the original contract between King and people ; and by t!ie advice of Jesuits, and other wicked periJons, having violated thefundamen- fcil Laws, and having withdrawn himself out of this lcinccdom,_ hath abdicated the Government," 6cc. Hiakes this observation upon it: " The word ahdi- mted relates to all the clauses aforegoing, as well as to his deserting the kingdom, or else they would have been wholly in vain." And, tliat there might be no jtretence for confining the abdication merely to the 7vitMrnrving, Lord Snmmers farther observes, That King James, by rrfusing to govern lis according to that law by which he held the Crown, did implicitly re^ nounce his title to it. U Jimius's construction of the vote against Mr. Walpole be now admitted, and, indeed, I cannot com- preiiend how it can honestly be disputed, the advo- cates of the House of Commons must either give up thf ir precedent entirely, or be reduced to t!ie neces- sity of maintaining one of the grossest absurdities ima- ginable, viz. " That a commitment to the Tower is a constituent part of, and contributes half at least to, the incapacitation of tlie person who suffers it." I need not make you any excuse for endeavouring, to keep aliv^ the attcnlioa of the public, to the dici^ JUNIUS. 211 ■Aon of the Middlesex tlection. The more I consider ^it, the more I aru convinced, that, as a fact, it is, in- deed, higlily injurious to the riglits of the people ; but ■that, as a 2)re.ccdtnt> it is one of the most dangerous ii^that ever was established airaiiist tho?e who are to hcoine after u.<. Yet 1 am so far a moderate man, that hi verily believe the majority of tlie House of Com- i'mons, when they passed tliis dangerous vote, neitlier t jmderstood the question, or knew the consequence of hwiiat tiiey were doing. Their motives were rather despicable, than criminal, in the extreme. One effect they certainly did not foresee. They are now rcdu- 'ced to sucli a sit!! -tion, that, if a Member of the pre- Psent House of Commons were to conduct himself ever •ISO improperly, and, in reality, deserve to be sent back to his constituents witli a mark of disgrace, they would •'not dare to expel hiui; because they know that the ^people, in order to try ajrain the great que.stion of riglit, or to thwart an odious House of Commsns, 'Would probably overlook his immediate unworthiness, "and return the same person to Parliament. But, in ^time, the precedent will gain strength. A future House of Commons will have no such apprehensions, consequently will not scruple to follow a precedent which they did not establisl). The miser himself sel- jom lives to enjoy the fruit of his extortion ; but his leir succeeds to him of course, and takes possession without censure. No man expects him to make resti- -utioo, and no matter for his title, he lives quietly up- on the estate. PHILO JUPiiUS. LETTER XLVII. To the Printer of the Public Adverliser. »», Mat 25, 1771. I CONFESS my partiality to Junius, and feel a consl'- lerable pleasure in being able to communicate any ihing to the public in support of his opinions. The loctrine laid down in liis last letter, concerning the owcr of the House of Commons to commit for con- empt, is not so new as it appeared to many people; 212 JUNIUS. who, dazzled with the n^me of privilege,hnd never suffered themselves to examine the question fairly. In the course of my reading this morning, I met with the following passage in the Journals of tlie House of Commons, (Vol. i. p. 603.) Upon occasion of a juris- diction unlawfully assumed by the House in the year 1621, Mr. Attorney-General Noye gave his opinion as follows: "iVo doubt, but in some cases, this House may give jud2;nient; in matters of returns, and con- cerning members of our House, or falling out in our view in Parliament; but, for foieign matters, knoweth not how we can judge it : knoweth not that we have been used to give judgment in any case, but those be- fore mentioned." Sir Edward Goke, upon the same subject, says, (page 60'1) "iVo question but this is a Hou?e of re- cord, and that it hath power of judicature in some cases; liave power to judge of returns and members ftf our House. One, no member, oflTending out of the Parliamoiit, 7vken he came hither, and jusllfied it, wa,s i censured for it." ! I Now, Sir, if you will compare tljc opinion of these great sages of the law with Junius's doctrine, you will ■ find they tally exactly. He allows the power of the Ho'use to commit their own members, wlu^h, how- ever, they may grossly abu.«e ; he allows their power in cases were they are acting as a court of judicature, viz. elections, returns, &c. and he allows it in such contempts as immediately Lntenupt their proceedings ; or, as Mr. IV.oye expresses it,/aliing out in their view in Parliament. They who would carry the privileges of Parliament farther tiian Junius, either do not mean well to the public, or know not what they are doing. The go- vernment of England is a government of law. We be- tray ourselves, we contradict the spirit of our laws, and we shake the whole system of English jurisprudence, whenever we intrwst a discretionaiy power over the life, liberty, or fortune of the subject, to any man, or set of men, whatsoever, upon a presumption that it yiil Bot be abused, PHILO JU.\1US. JUNIUS* 213 LETTER XLVIII. To the Pi-inter of the Public Advertiser. nty Mat 28, 1771. [ Any man who takes the trouhle of perusing the fournals of t!ie House of Commons, will soon be convinced, that very little, if any regard at all, ought to be paid to the resolutions of one branch of the le- gislature, declaratory of the law of the land, or even of what they call the law of Parliannent. It will ap- pear that these resolutions have no one of the pro- pcptips by which, in this country particularly, law is distinguished from mere will and pleasure; but that, ,on the contrary, they bear every mark of a power Jarhitrariiy assumed, and capriciously applied : that .tiiey are usually madein limes of contest, andto serve .some unworthy purpose of passion, or party; that the law is seldom declared until after the fact by which it is supposed to he violated ; that legislation and jurisdiction are united in the same persons, and ex- ercised at the same moment; and that a court from ■which there is no appeal, assumes an original juris- diction in a criminal case. In short, Sir, to collect a thousand absurdities into one mass, " we have a law 'which cannot be known, because it is ex post facto: ! the party i^ both legislator and Judge, and the juris- ! diction is without appeal." Well mij^ht the judges say, " The lam of Parliament is above t/s." , You will not wonder, Sir, that with these qualifi- cations, the declaratory resolutions of the House of Commons should a;)pparto be in pirpetual contradic- tion, not only to common sense, and to the laws we are acquainted with, (and which alone we can obey,) bnteven to one another. I was led to trouble you ■with tliese observations by a passage, which, to speak in lutestring, I met with thismorning in the course of my readiyigydind upon which 1 mean to put a question to the advocates for privilege. On the 8th of March, ' 1704, (vide Journals, vol. xiv. p. 566,) the House thought proper to come to the following resolutions : " That no Commoner of England, committed by the I HouBe of Commons for breacit of privilege, or cob- 214 :■ JUNIUS.- tempt of that House, ought to be, by any writ of Ha-\ beas Corpus, made to a^jpear in any otiier place, or! before any other judicature, daring that session of! parliament wherein such person was so committed.'* i 2. "That the Sergeant at \rms, attending this i House, do make no return of, or yield any obedience' to, the said writs o( Habeas Corpus; and for such his refusal, tirat he have the protection of the House of » Commons.'"* I VV'eibore Ellis, what say you? Is this the law of i Parliament, or is it not ? I am a plain man, Sir, and ', cannot follow you through the phiegmatic forms ofi an oration. Speak out, Grildrig, say yes or no. If' you say yes, I shall then inquire by what authority Mr. De Gray, the honest Lord Mstinguish, no' evidence by which we can determine, what i.", and < what is not, the law of Parliament. The resolutions! I have quoted, stand upon your journals, uncontro- verted and unrepealed : they contain a declaration ol thfe law of Parliament, by a court competent to thei question, and whose dfcision, asyou and Lord Mans-i iield say, must be law, because there is no appeal from, it: and they were made not hastily, but after longi *If there be, in reality, any such law in England, as the I -aw of ParliameDt, which (under the exception stated in my letter onprivilege) I confess, after long deUbcralion, I very much doubt, it certainly is not constitulcd by, nor can it be colUcted from the resolutions of either House, whether enacting or de- claratory. / desire the reader will compare the abovcresol'U- iions of the year \'iOA, with the following of the 3d vf April, 1628; — " Resolved, That the rvrit o/*Hab"eas Corpus cannot be denied, but ought to be granted to every man that is com- mitted or detained in prison, or otherivise restrained by the command of the King, the privy council, or any other, he praying the same.'" JUNIUS.. 215 iJeliberation upon a constitutional question. What artlier sanction or solemnity will you annex to any s-esohition of tlie present Honse of Commons, beyond 'vhat appears upon the face of those two resolutions, he legality of which you now deny ? If you say that I'Parliaments are not infrtilihle, and that Queen Anne,' 1 n consequence of the violent proceedings of that House 1 >f Commons, was obliged to prorogue and dissolve. : hem, I shall agiree with you very heartily, and think irhat the precedent ought to be followed immediately. 13nt you, Mr Ellis, who hold this language, are in- li:onFistent with your own principles. You have hi- i'lherto maintained, that the House of Commons are 5;he sole judges of their own privileges, and that their sileclaration does i;7So/acto constitute thelawofParlia- l:nent; yet now you confess that Parliaments are fal- [i ihle, and that their resolutions may be illegal : con- sequeotly, that their resolutiocus do not constitute the 'taw of Parliameut. When the King was urged to dis- siolve the present Parliameut, you advised him to tell nin subjects, that he was careful not to assume any of whose powers which the constitution had placed in hther hindSy &(C Yet Q,ueen Anne, it seems, was justi- i'jed in exerting her prerogative to stop a House of iOommons, whose proceedings, compared with those tjf the assembly of wliich you are a most worthy sMember, were the perfection of justice and reason. I In what a labyrinth of nonsense does a man involve laimself who labours to maintain falsehood by argu- siaaentp How much better would it become the dignity >f the House of Commons, to sueak plainly to the it^eople, and tell us, at once, that their will must be \^beyed, ; not because it is Uinful and reasonable, but because it is their will ! Their constituents would 'aave a better opinion of their candour, and, I promise fou, not a worse opinion of their integrity. PHILO JUJSIUS. 2ia JUNIUS. LETTER XLIX. To kis Grace the Duke of Grafton. ilT LORD, .ICNE 22, 1771. • The nrofonnd respect I bear to the gracioii« Piince who govenis? this coiintry, witH no less- honotir lo him- self than patipfaction to hi« subjects, and who restores you to your rank under his standard, will save you from a multitude of reproaches. The attention I should have pnid to your faih'nc:?, is involuntarilv att-iched to the hand that rewards them; and t)ior,gh I am not so partial to the Royal jiulgment as to affirm, that the favour of a king can remove monntaius of infamy, it serves to lessen, at least, (for undoubtedly it divides) the burden. While I remembefihow much is due to his sacred character, I cannot, with any de- cent appearance of propriety, call you the meanest and basest fellow in the kingdom. I protest, my Lord, I do not think you so. You will have a dan- gerotis rival in that kind of fame, to which you have hitherto so happily directed your ambition, as long as there is one man living who thinks you worthy of his confidence, and fit to be trusted with any share i:) his government. I confess you have great intrinsic m^it; but take care you do not value it too highly. Consi- der how much of it would have been lo'^t to the world, if the King had not graciously affixed his stamp, and given it currency among his subjects. If it be true that a virtuous man, struggling with adversity, be a scene worthy of the gods, the glorious contention be- tween you and the best of Princes deserves a circle ' equally attentive and respectable: I think I already I ■ee other gods rising from the earth to behold it. But this language is too mild for the occasion. The King is determined that our abilities shall not be lost to society. The perpetration and description of new crimes will find employment for us both. My Lord, if the persons who have been loudest in their profes- sions of patriotism, had done their duty to the public with the same zeal and perseverance that 1 did, I will not assert that government would have recovered it« dijjBity, but at least our gracious Icovereign ins?t hare Jt^NIUS. 217 spared his subjects this la?t insult:* which, if tliere be any feeling left among iis, they will renent more than ever the real injiiri.?s they received fiom every mea- sure of your Grace's administration. In vain would he have looked round hina for another character so con^utnmate as yours. Lord Manyfield shrinks irom ;his principles: his ideas of government, perhaps, go iarther than your own, but his heart disgraces the tJicory ol his understanding Charles Fox is yet in blossom ; and as for ?*Ir. Wedderburne, there issorne- ikbitjg about him which even treachery cannot trust. -For "the prt^sent, therefore, the best of Princes must have contented himself with Lord Sandwich. You would Jong since have received your final dismission land reward, and I, my Lord, who do not esteem you ^he more for the high office you posse??, would wil- lilingly have followed you to your retirement. There is surely something singularly benevolent in the cha- tracte." of our Sovereign From the monieni he ascended -the throne, there is no crime of whic!i human nafiue .is capable (and I call upon the Recordprto witness it) jthat has not appeared venial in his sight. Witli any .fether Prince, the shameful desertion of him in the iHiidst of that distress which you alonp had created, ,ip tlie very crisis of danger, when he fancied lie saw the throne surrounded by men of virtue and abilities, .^ould have outweighed the memory of your former jservices. But his Majesty is full of justice, and under- [?tanus t!ie doctrine of compensations. He rememberp, •wit!) gratitude, liow soon you had accommodated your [tnorals to the necessity of his service; how cheerfully you had abandoned the engagements of privnte friend- ship, and renounced the most solemn professions to the i^ublic. _ The sacrifice of Lord Chatham was not lost ipon him Even the cowardice and perfidy of de- lerting him may have done you no disservice in his meem. The instance was painful, but the principle FDiight please. Vou did n U neglect the magistrate, while you flat- tered the man. Theexpulsion of Mr, Wilkes, pre- determined in the c,>biuet; the power ofdeprivins the subject of his birtliright, attributed to a resoUitiun of iine branch of the legislature; the constitution impu- ' Tht Ih^t mas laieli/ appointed Lord Priv^ Seal. 218 JUNIUS. (Jently invaded by the House of Commons ; the right of defending it treacherously renounced by the FJouse of Lords; the^e are the strokes, my Lord, which, in tiie present reign, recommend to ofBce and constitute a Minister. They tvonld have determined your So- vereign's judgment, if they had made no impression upon his heart. We n«ed not look for any other spe- cies of merit to account for his taking the earliest op- portunity to recall you to his councils. But you have other merit in abundance. Mr. Hine, the Duke of Portland, and Mr. Yorke:— Breach of trust, robbery, and murder. You would think it a compliment to your gallantry, if 1 added rape to the catalogue; but the style of your amours secures you from resistance. I know how well these several charnes have been de^ fciided. In the first instance, the Breach of trust is supposed to have been its own reward. Mr. Brad- shaw aPiiTiis, upon his honotir, (and so may the gift of smiliug uf-ver depart from him !) that you reserved no part of Mr. Hine's purchase-money for your own u=e, but th^t every shilling of it was scrupulously paid to Governor Burgoyne. Make liastc, my Lord ; another patent, applied in time, may keep the Oaks* in the family. If not, Burnham-Wood, I fear, must come to the Macaroni. The Duke of Portland was in life your earliest friend. In defence of his property, he had nothing to plead but equity against Sir James Lowther, and prescription against tt)e Crown. You felt for your friend : but the law mxist take its course. Posterity will scarce believe that Lord Bute's son-in-law had barely interest enough at the treasury to get his grant completed before the general election.! Enough has been said of that detestable transaction which ended in the death of Mr. Yorke. I cannot speak of it without horror and compassion. To ex- cuse yourself, you i)ublicly impeach your accomplice; and to his mind, perhaps, the accusation may be flat- * A sitpcrbviUa of Colond Burgoyne, about tkis time adver- Ustdfor sale. t It Tvill appear, b,y a sttbsequeni letter, that the Duke''s pre- tifdalioH proved fatal to the grant. It looks like the hvrry and confusion (fayovHg highwayman, who takes a fen) shillings, but leaves the purse and rmtch behind him, ...And yel the Dieke nrff* mf'4»JfeMu. JUNIUS. 21« fff. But in murder you are both principals. It was ace a question of emulation ; and, if the event had ot disappointed the immediate schemes of the closet, might still have been a hopeful subject of jest and lenifiient between you,^ Tliis letter, my Lord, is only a preface to my future jrrespondence. The remainder of the summer shall- » dedicated to your amusement. I mean now and ten to relieve the severity of your morning studies, id to prepare you for the business of the day. With- jt pretending to more than Mr. Bradsha w's sincerity, ,->u may rely upon my attachment as long as you a.e office. Will your Grace forgive me, if I venture to express srae anxiety for a man whom I kuow you do not vep My Lord Weymouth has cowardice to plead, lid a desertion of a later date than your own. You low the privy-seal was intended for him: and if you msidtr the dignity of the post he deserted, you will »rdly think it decent to quarter him on Mr. Rigby. et he must have bread, my Lord; or, rather, he ,U8t have wine. If you deny him the cup, there will ,} no keepino: him within the pale of the Ministry, JUNIUS. LETTER L. , To his Grace the Duke of Grafton. jjioBD, July 9, 177t. [The influence of your Grace's fortune still seems to ;;-esJde over the treasury. The genius of Mr. Biad- aw inspires Mr. Robinson.* How remarkable it is ;ind I speak of it not as a matter of reproach, but as niething peculiar to your character) that you have rveryet formed a friendship, which has not been fatal . the object of it; nor adopted a cause, to which, one ved their scrupies. They have forgiven him the sins of liia Manoveri;in aoepjtorr', asul acknowledijed the hand of Providence in the defcent of the Crown upon the head of a tnie Stu-at. In you, my Lord, thev also behold, with a kind of predilection which borders upon loyalty, the natural representative of that iilugtrious family. The mode of your desceat from Charles the Second-is only a l)ar to your preten- sions to the Ciovvn, and no way interrupts the regula rityofyour succession to ail the virtues of tiie Stuarts. Tile unforttuiale success of the Reverend Mr. Home's endeavours in support of tiie ministerial nomination of sheriffs, will, 1 fear, obstruct his preferment. Per- jihit me to recommend him to your Grace's protec- tion. You will fijid him copiously gifted with those] qualities of th*^ lieart wiiich usually di;'cct you^ in th^i ^lioice of your frieniifcliips. He too was Mr. Wilkes'j iVieiid, and as incapai)le as you are of the liberal re- sentment of a gentleman. No, myLoril; it was the soiitiry, vindictive malice of a monk, brooding over iheinlirmilies of kis friend, tuitil he thoiiaht they quickened into public life, and feapting wit!) a ran- corous rapture u. on the sordid catal<>;;i!e of his dis* iresses. Now let him jio back to his cloister. The church is a proj.er retreat for him. In his priuciplei he is already a bishop. The meutiou of this man has moved me from myi natural moderation. Let mi- return to your Grace^ You are tiie pillow upon which I am determined to rest all my rescnlmmts. VVh-it idea can the be«t of Sovereigns form t) Idmsclfof liis own goverruneiit; Jii what repute can he conceive t'nat he stands with the people, when he ?ees, beyond the po^si'^'ity of a doubt, that, whatever be the office, the suspicion o! ■ ills favour is f,>tal to the candidate; and that, whei -the party he wi-^he.? wejl to ha? the fviirest prosper! •irtrsuccess, if his royal inclinalion should unfortunatoJ 'ly be discovered, it drops like an acid, and turns tli« election ? * -i J This event, amon» others, m^y perhaps, contrilMill to open his M.ijesty's eyes to his real honour and \r 'Urest. In^'pitcof all your Grace's inncntiity, he m;i' at last, perceive the iuconveuicace of selecting, wi a J€NIUS. 233 such a curious felicity, every villain In the nation to fill the v^irious departments of his government. Yet I sliould be sorry to confine him ia the choice «'ither of his iootmen or his triendg. J Ul^iUS. LETTER LI. From the Reverend Mr. Home to Junius. SIR, July 13, 1771. FARce, Comedy^ and Tragedy — JVilkes, Foot, a ad Junius — united at the same time against 0!»e poor parson, are fearful odds. The two former are only labouring in their vocation, and may fqiialiy plead, in excuse, tiiat their aim is a livelihood. 1 ndmit the plea for the second: his is an honest calling, and my clothes were lawful game; but 1 cannot so readily approve Mr. Wilkes, or commend him for racking pa- triotism a trade, and a fraudulent trade. But what shall I say to Junius? tl>e grave, the solemn^ the di dactic! Ridicule, indeed, has been ridiculously called the test of truth ; but surely, to confess that you li)se yournatural moderation when mention is made of the man, does not promise much truth or justice when you speak of him yourself. Vou charge me with " a new zeal in support ministration," and with "endeavours in support the ministerial nomination of sheiifFs." The reputa- tion which your t.ilents have deservedly gained to the signature of Junius, draws from me a renly which I . disdained toglveto the anonymous lies of Mr.'.Vilkei?. Yon m-ike frequent use of the \^Qr(i gentleman; 1 only ' call myself a man, and de.»ire no other distinction. If ; you are either, you are hound to make good your (charffes, or to confess that yuu have done aie a hasty '< iujustlce upon no authority. J put the matter fairly to issue. I <»ay^ th.it, so far ^Trom any "new zeal in support of administration," i 1 am possessed with the utmost abhorrence of their |i wioasnres; and that I have ever shown myself, and am filill ready, in any rational manner, to lay down all I have — my life, iu oppoEttiou to those mcasttfes. •t of ad- . J iport of (j reputa- ' 224 JUNIUS. I say that I have not, and never have had, any oont-' munication or connexion of any kind, directly or in- directly, with any courtier, or ministerial man, or any of their adherents; that! never have received, or so- licited, or expected, or desired, or do now hope for, any reward of any sort, from any party or set of men in administration, or opposition. I say,tiiat I never used any "endeavours m support of the ministerial nomination of sheriffs :" that 1 did not solicit any one liveryman for his vote for any one of ttie candidates, nor employ any other person to solicit; and that I did not write one single line or word in favour of Messrs. Plumbe and Kirk man, whom I understand to have been supported by the Ministry. You are bound to refute what 1 here advance, or to lose your credit for veracity. You must produce facts : surmise and general abuse, in however elegant lan- guage, ought not to pass for proofs. You have every advantage, and I have every disadvantage; yo;- are unknown ; 1 give my name. All parties, both in and oiit of administration, have their reasons (whicii I shall relate hereafter) for uniting in their wishes against me; and the popular prejudice is as strongly in your favour as it is violent again-t the Parson. Singular as ray present Rituation is, it is neither painful, nor was It unforeseen. He is not i!t for pub- lic business, who does not, even at his entrance, pre- pare his mind for such an event. Health, fortune, tranquillity, and private connexions, I have sacrificed upon the altar of the public; and tbe only return I received, because 1 will not concur to dupe and mis- lead a senseless multitude, is barely that they have not yettorn me in pieces. That this has been the only return is my pride, and a source of more real eatis- faction than honours or prosperity. I can practise, before I am old, the lessons I learned in my youth ; Bor shall I forget the words of ray ancient Monitor. " 'Tis the last key-stone »« That makes the arch ; the rest that there -were put, " Are nothing till that comes to bind and shut; '• Then stands it a triumphal mark .' Then men " Observe the strecgth, tbe height, tbe why aad when JT7MUS. S •• It was erected ; and still, walkin? und^jis *' Meet some new matter to look up and wonder '.■'' I am. Sir, your humble Servant, JOHN KORNE, LETTER Lir. To the Reverend Mr. Home. iiR, Jdi,y24, 1771. I CANNOT descend to an altercation with you in the newspapers: but since I have attacked jpour charac- ter, and yr>n comjilain of injustice, I think yon have some right to an explanation You defy me to prove, - that yon ever solicited a vote, or wrote a word in sup- port of ine ministeriril aldermen. Sir, I did never suspect you of such grojis folly. It would have been impossible for Mr. Home to have solicited votes, and very diflScult to have written in the newspaper^ in def' nee o( that cause, without being detected, and brought to shame, iVeither do f pretend to any in- telligence concerning you, or to know more of your conduct than you yourself have thought proper to communicate to tlije public. It is from your own let- ters, I conclude, that you have sold yourself to the Ministry; or, if that charge be too severe, and sup- posing it possible to be deceived by appearances so ivery strongly against you, what are your friends to say io your defence p Must they not confess, tliat, to gratify your personal hatred of Mr. WiLkes, you sa- erificed, as far as depended on your interest and abili- ties, the cause of the country;' I can make allowance for the violence of the passions) ; and if ever I should jbe convinced that you had no motive biit to destroy Wilkes, I shall then be ready to do justice to your character, and to declare to the world, that I despise you somewhat less than I do at present. But, as 3 liublic uKin, I must for ever coud'-^mn you. You can- not but know^ (uay, you dare not pretend to l)e igno- rant) that the highest gratifications of which the most detestable ** ia this nation is capable, would have been th^defeat of Wilkes. I know that mao mueh 220 JUNIUS. better than any of you. Natnr*^ intpsded him only for a £00(1 hmnonred fool. A systematica! pdiicatwn, Tvith Ions practice, has mad.' him a consnmmate hy- pocrite. Yet this man, to sav nothing of his worthy Mini'ter?, you have mof^t assiduon?ly J^iboured to grntify To exclude- Wilkes, it ivas not necessary vou should solicit voles for his opponents. W e in- Gline the balance as effecttially by les^enin? the weizht in one pcale, ae by incrcasmf^jt in the other The mode of your attack upon U rke? (ihor^h I am far from thinking meanly of your ah.hliesj con- vinces me that you either want judgment extremely, or that you are blinded by your resentmput. You oneht to have foreseen that the charges you urged atrain":! Wilkes could never do him any mi.-chief. Af- ter all, when we expected discoveries hi?h y interest- in^r to the community, what a nitiful d*^tai. did il end inT-90me old clotl.es-a Welch rpney-a t rench footman-aud a hamper of claret. Indeed Mr Horne, the public should and will forgive him his cl irft^ind his footman, and even the ambition of makniz his brother chamberlain of Loudon, as long as he stand.s forth against a Ministry and Parliament who are doinj every thin?; they can to enslave th^ comitry, and as lon/as he Is a thorn in the Kincr'sMde lou wil not suspect me of settinff Wilkes upfor a perfect chaiactti. The question to the public is, whele shall we fiu a man who, with p-.rer principles, will go the len-ths, aud run the hazards, that he has done? The sea>on calls for such a man, and he ought to be supported. What would have been the triumph of that ooious hy- poerite and his minions, if Wilkes had been d^fea^^rf • It was not your fault, Reverend Sir, t'lat he did not enjoy it completely. But now I promisa you, you have «o little power to do mischief, that I much question whether the Ministry will adhere to t'ae promises thev have made vou. It will be in vaio to say that I araa partisan of Mr. Wilkes, or personally your ene- my. You will convince no man, for you do not be- lieve it yourself. Yet I confess 1 am a little offended at the low rate at which you seem to value- my ua- aerstanding. I beg, Mr,- Home, you will i^^^^ believe that I measure the integrity of men »>/ the»r conduct, not b^ their professions, tea«b tales mar JUiNIUS. 227 entertain Mr. Oliver, or foor grandmother j hut, tni-t 1110, they are tlirown away npon Junius. You say yon are a man. Was it generous, was it manly, repeatedly to introduce into a newspaper, the name of a young lady, with wliom yon must hereto- fore have lived on terms of politenens and good hu- mour p But I liave done with you In my opinion roup creditis irrecoverably ruined. Tvir. Townshend, i think', is nearly in the same predicament. Poor Oliver has been shamefully duped by you. You have made him sacrifice all the honour he got by his irn- j)risonment. As for Mr. !Sawi)ridgo, whose charycter 1 really respect, I am astonished he does not ste tlirough your duplicity. Never was so hz^e a d^'.^ign po poorly conducted. This* letter, you see, is not intended for the public; but, if you think it v.ill do .vou any service, you arc at liberty to nu!>lisb it. LETTER LIII. F^om the Rev. Mi: Home to Jiiv.ius. W£, July 31, 1771. Yor have di'^appointee^ me. When I told yon that surmise and general abuse, in however elegant Ian - g'uag;e, ouclit not to pasafor proofs, I evidently hinttd at the reply which I expected : but you have dropped your nsi'.al elegance, and seem williiie; to try what .will be the effect of surmise and general abuse in very coarse language. Your answer to my last letter 1 which, I hope, was cool, and tpuiperate, andmode:^t) las convinced me, that my idea of a man is mucli su- jerior to yours of a genflemaji. Of your former lel- itbrs, 1 have always said, Matcritm ivperabut opus : I do not think so of the present; the principles aro more detestable than the expressions are mean and illiberal. I am contented that all those who adopt ihe one, thould forever load me with the other. * Tkis letter was transmitted privately by the prmter to Mr. Jorne, nt Junitu^s requcf t. Mr. Ihmt returned it to the pria ,, '.i\fvUh dlrcctiOTM to p^Hsh it. 2^ J.l?«HiJS. I appeal to the common sense of the public, to \rhkb. ' 1 have ever directed myself; I believe they have it; though I am sometimes half inclined to suspect that Mr. Wilkes has formed a tiiier judgment of mankind than I have. However, of this 1 am sure, that there h nothing else uppn which to placea steady reliance. Trick and low cunning, and addressing their prejur dices and passions, ma}' be the fittest means to carry ^particular point; if they have not common sense, there is no pi o.^p^ct of gaining for them any real per- manent good. The same pai^sions which have been artfully used by an hon^^t man for tlieir advantage, inay be more artfully employed b}'^ a dishonest mau for their destruction. I desire them to apply their common sense to this letter of Jiuiius, not for my sake, ^ut their own; it concerns them most neaiiy ; for the principles it contains lead to disgrace and ruin, and •are inconsistent with every notion of «ivil society. The charges which Junius has brought against me, >ire made ridiculous by his own inconsistency and fc-lf-contradiction. He charges me positively with "' a new zeal in support of administration ;" and with " endeavours in support of the ministerial nomi- nation of sheriffs." And he assigns two inconsistent motives for my conduct ; either that I have " sold my- ,self to the Ministry ;" or am instigated " by the soli- tary vindictive malice of a monk;" either that I am influenced by a sordid desire of gain, or am hurried on by " personal hatred and blinded by resentment." hi his letter to the Duke of Grafton, he supposes me actuated by both ; in his letter to me, he at fir?t doubts which of the two, whether interest or revenge, is my motive. However, at last, he determines for the former, and again positively asserts, "that the ministry have made me promises ;" yet he produces no instance of corruption, nor pretends to have any intelligence of a ministerial connexion He mentions no cause of personal hatred to Mr. Wilkes, nor any reason for my resentment or revenge; nor has Mr. Vv'ilkes himself ever hinted any, though repeatedly pressed. When Junius is called upon to justify his accusation, he answers, " He cannot descend to an altercation witli me in the newspapers." Jnnlu.s, who exists only in the newspapers, who acknowledges lie 'Las "attacked my character" there, and thinks '' I have some rig;ht to an e.vplac5tioDj" yet this Junitw JUNIUS. 389 "ennnot descend to an altercation in the newspapers!" And because he cannct descend to an allercation with me in the newspHpeiP, hfesendf^a letter of abns(j, by tlie printer, which he finishes witli telling me " I am at liberty to publish i^" This, to be sure, i? a most excellent method to avoid an altercation in the newspapers ! The proofs of his popRive charges are as extraordi- nary. '♦ He does not pretend to any intollijience con- eertiingme, or to know more of my conduct than I my- self havethoiiglit proper to communicate to the public." He does not suppeci me of such i^ross folly as to have solicited vote*, or to have written anonymously in tlie newspapers; becaui^e it is imposs^ible to do either withotit being detected and bronglit to shame. Juni- us says this! who yet iaingjnes that he has himself written two years under that aignatiiro (and more under others) without beiny; detected! his warmest adm rers will not hereafter nfld^niikout heivg brougkt to shame., hv.i, though lie did never suspect ma of such gros-i foJfy as to run the haz.xrd of beinj; detected, and Dioiight to shame, by anonymous writing, he insists that 1 have l;eeu gjnilty of a much g:roK3e~r folly, of in- cnrri:;^!; the certainty of shame and detection, by writings signed with my>name! Ihit thi^* is a small flight for the towerina: Jmuns: '* He Is far from think* i ng meanly of my abilities," l!)oug:h " he is convinced that I want judgment extremely;" and can "really respect Mr Saw brid'^e's character," thonoh he de- clares him* to be so poor a creature, as not to " see * / beg leave to introduce Mr. Horne to the characfn qflhr .Double Dealer. 1 thought t.hcy had been belter acquninled. I/' Another veri/ wron^ objeclh'.a has been made by some, nha 1 have not taken leisure to dldniguisk the characters. The hern Xof'the play {m an ins JSkUJ'ont) is a (TuII and made a fool and Icheatcd. Is ever'/ man a gull and a fool that is deceived? Ai yitknt rale, Iain afraid, the two chusrs of men nnti be reduced tj '»»w, and the knaves themselves be at a loss iojustifjj their title. But y an open, hoiiest- keartrd 7nan,wko has aa entire covji- dcnce in one, whom, he takes to be hitfriind, andnvkom, to con- Jirm him in his opinion, in all appearance, and upon scvtrul trials, has been so, iffiif man be deceived by the treachery (,f the other, must he cf necessity commence fool immedialrl,!/, onhf hf cause the other has proved a villain J^^ Yes, saj,'S ParsqTi Flvr; e. No, says Coni^reve : and he, I ildnk, is iilUjrv^Svi ta fiai'p known to7nethin?c/ kumitnnntur". k3 230 JUNIUS. through the baspst dc'^ign, conducted in the poore!=t manner!" And this most base design is conducted in the poorest manner by a man whom he does not suspect of g;ross folly, and of whose abilities he is far from thinking meanly ! _ Should we ask Junius to reconcile these contradic- tions, and explain this nonsense, the answer is ready: "He cannot descend to an altercation in the news- papers." He feels no reluctance to attack the cha- racter of any man ; the throne is not too high, nor the cottage too low : his mighty malice can grasp both extremes. He hints not his accusations as opinion, conjecture, or inference, but delivers them as iiositive assertions. Do the accused complain of injustice P He acknowledges they have some sort of right to an ex- slanationj but if they ask for proofs and facts, he begs to be excused; and though he is no where else '.o be encountered, " he cannot descend to an alterca- tion in the newspapers.'' And this, perhaps, Junius may think " the liberal ■Tiscntmcnt of a gantUman ;'''* this skulking assassina- tion he may call courage. In all things, as in this, [ hope we differ. '-' I thought that fortitude had been a mean, '* 'Twixt fear and rashness; not a lust obscen<^ * ' Or appetite of offending: : hut a skill ** -And :)ice discernment bet-weea good and ill. -' Her ends arc honesty and public good -" And without these she is not undeistcod " Of two things, however, he has condescended to gi\fe proof. He ve\y properly produces a younj; lady to prove that I am not a man ; and a good old nomariy my gj-andmother, to prove Mr. Oliver a fool. Poor ©Id soul I she read her Bible far otherwise than Juni- us ! She often found there that the sins of the fathers had been visited on the cliildren; and therefore wa's cautious that herself, and her immediate descendants, should leave no reproach on her posterity : and they left none. How little could she foresee this reverse of Junius, who visits my political sins upon my grand- mother ! 1 do not charge this to the score of malice in him J it proceeded entirely from his propensity to 'bJucderj that wljilst he was reproa<;hiDg raQ (or i.ti* JUNIUS. 231 kodiiciiig, in tlie most harmless manner, the name ot one temale, ha might hknself, at the same instant, in- troduce two. I am represented, alternately, as it suits Junius's rur()Osc, imder the opposite characters of a gloom-j monk, and a man of politeness and good-humour. I am called "a solitary inottk,'''' in order to confiim tlie nolioji given ji'me, in Mr. Wilkes's anonymous para- graphs, that 1 never laiifj.h. And the terms of polite- ness and good-humonr, on which I am said to have lived heretofore with the young lady, are intended to confirm other paragraphs of Mr. VV'ilkes, in whicu he is supposed to have offended me by refusing his daugh- ter. Ridiculous ! Vet I cannot desiy but that Junius has proved me .unmanly and unsenerous, as clearly as he has .shown me corrupt and vindictive; and | \viii tell liim more: I have paid the present Ministry as inany viits and compliments as ever I paid to the young lady; and sliall all my life treat them with the same politeness and good humour. But Junius "begs me to believe, that he measures the integrity of men by their conduct, not by their professions." Sure this Junius must imagine his read- ers as void of understanding as he is of modesty! W her,- shall we find the standard of his integrity p By what are we to measure the conduct of this lurk- ing assassin p And lie says tlu^ to me, whose conduct, ■wherever I could personally appear, has been as di- rect, and open, and public, as my words. 1 have not, like him, concealed myself in my chamber, to shoot my arrows out of the window; nor contented myself to view the battle from afar ; but publicly mixed in the engagement, and shared the danger. To whom nave I, like him, refused my name, upon complaint of Injury p What printer liave I desired to conceal map la the infinite variety of business in which 1 have |een concerned, where it is not so easy to be faultless, *'bich of my actions can he arraign P To what danger has any man been exposed, which I have not faced p {lyormation, action, imprisonment, or death ? What abour have 1 refused;' Wlmt expense have I declin- ^'dp What pleasure have I not renounced p But Ju- Auis, to wl)om no conduct belon:;?, " measures th6. ;aiegrity of men by their conduct, not by their pro- essions:" himself, aH tliisly bftrayed by the Duke of Grafion, ttie latter is to he "the pillow On whicli Junius will rest his resentment." and the public are to oppose the measuresof government from mere motives of personal enmity to the Sovereign ! These are the avowed princip es of the man who, in the same letter, says, " if evt-r heshould boconviac<-d that I had no motive but to destroy Wilkes, he shall then be ready to do justice to my character, and to declare to the world, that he despises me somewhat less than lie does at present !" Had I ever acted from personal afiRction or enmity to Mr. Wiikes, I sliould jtistly be despised: but what does he deserve whose avowed motive is personal enmity to the Sovereigri f The contem[)t which I should otherwise feel for the absurdity and glaring inconsistency of Junius, is here swallowed up in my abhorrence of his principles. The right divine and sacredness of kings is to me a penseless j jrgon. It wa"! thought a daring expressioa i ©f Oliver Cromwell, in the time of Charles the First, that ifhe found himself placed opposite to the King in battle, he would discharge tiis piece into his bosom as soon as into any other man's. I go fartlier: had I ; lived in those days, 1 would not have waited for chance to give me an opportunity of doing my duty; J would have sought him through the ranks, and, without the least personsl enmitj', have discharged my piece into bis bosom rather than into any other man's. The King, whose actions justify rebellion to . his government, deserves death from the hand of eve- : ry subject. And should such a time arrive, I thall be ; as free to act as to say ; but, till then, my attachment .1 to the person and family of the Sovereign shall ever 1 ' he found more zealous and sincere than that of his I ' fialterers. 1 would offend the Sovereign with as much 234 JUNIUS. reluctance as the parent: but if the happiness arid sd* curity of llie whole family made it necessary, so far, and no farther, I would offend him without remorse. ■: But let us consider a little whither these princioles- of Junius would lead us Should Mr. Wilkes once more commission Mr Thomas VValpole to procurp for him a pension «*f on?i thousand pounds, upon the Irish establishment, for thirty years, he must be supported in the demand by the public, because it would mortify the King ! Should he wish to nee Lord Rockingham and liis friends once more in administi atioo unclo2fii;<'d by any stipulations for the people, that he might again enjoy- a pension of one tliousand and forty pounds a year, viz. from the first Lord of the Treasury, 5001. irr»n the Lords of tlie Treasury, 601. eacii : from the Lords of Trade, AOl. each, &:c. the public must give up their attention to points of national benefit, and assist Mr. Wilkes in his attempt, because it would mortify the Kin? ! Should he demand the government of Canada, or of Jamaica, or the embassy to Constantinople, and ia case of refusal threaten to write them down, as he had- before served another administration, in a year and a lialf, he must be supported in his pretensions, and op- held in his insolence, because it would mortify the King ! Junius may choose to suppose that these things' cannot happen ! But, that they have happened, not-* withstanding Mr. Wilkes's denial, 1 do aver. I maintain that Mr. Wilkes did commission Mr. Tho- mas Walpole to solicit for him a pension of one thou- sand pounds, on the Irish establishment, for thirty- years; with which, and a pardon, he (leclared he would be satisfied : and that, notwithstanding bia-^ letter to Mr. Onslow, he did accept a clandestine^ • precarious, and eleemosynary pension from the Rock-*- ingham administration, which they paid in proportioa ' to, and out of their salaries, and so entirely was it ministerial, that, as any of them went out of the mi- nistry, their names were scratched out of the list, and they contributed no longer. I say, he did solicit the governments, and the embassy, and threatened their refusal nearly in these words : " It cost me a year and a half to write down the last admiiristration ; should JUNIUS. 23i» 1 employ as much time upon you, very few of yon would be in at the death." Wheu these threats drel not prevail, he came over to England to embarrass llicm by liis presence : and when he found that Lord Rockingham was something firmer, and more manly, tiian he expected, and refused to be bullied into wliat he could not perform, Mr. Wilkes declared that he could not leave England without money; and the Duke of Portland and Lord Rockingham purchased his absence 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 Rockingham, to John Lord Cavendish, to Mr. Walpole, &c. I appeal to the hand writing of Mr. Wilkes, winch is still extant. Should Mr. Wilkes afterwards (failing in this wholes- sale trade) choose to dole out his popularity by the pound, and expose tiie city offices to sale to his bro- ther, his attorney, &;c. Junius will tell us, itisonly aa ambition that he has to make them chamberlain, towa clerk, &c. And he must not he opposed in thus rob- bing tlie ancient citizens of their birtht ight, because any defeat of Mr. Wilkes would gratify the King ! Should he, after consuming the whole of his own fortune, and that of his wife, and incurring a debt of twenty thousand pounds, merely by his own private extravagance, without a single service or exertion all this time for the public, whilst his estate remained : should he, at length, being undone, commence pa- triot; have the good fortune to be illegally persecu- ted, and in consideration of that illegality, be espoused by a lew gentlemen of the purest public principles-: should his debts, though none of them were contract- ed for the public, and all hw other incumbrances, be idi.scharged ; should lie be offered 6001. or lOOOZ. a year to make him independent for the future; and should he, after all, in.«!tead of gratitude for these services, insolently forbid his benefactors to bestow their own money upon any other object but himself, and revile them for setting any bounds to their supplies; Junius (who, any more than Lord Chatham, never contribu- ted one farthing to these enormous expenses) will tell them, that if tliey think of converting the supplies of Mr. Wilkes's private extravagance to the support o^ jJubKtrmeasnreS) they are aa great fods as my grac^i 236 JUNIUS. mother; and thatMr. WJlkes ought to hold the strinffs ©f their purse?, as long as he continues to be a thorn in the King'^s side! Upon the e principles I never have acted, and I never will act. In ray opinion, it is less dishonoura- ble to be the creature cf a court, than the tool of a faction. 1 will not be either. I understand the two great leaders of opposition to be Lord Rockingiiam and Lord Chatham ; under one of whose banners all the oppoi-ing members of both Fiouses, who desire to get places, enlist, f can place no confidence in either of tliem, or in any others, unless tliey will now engage, whilst they are out^ to grant certain essential advan- tages for the security of the public when they shall be in administration. These points tliey refuse to stipu- late, because th^y are fearful lest they should prevent any future overtures from the court. To force tiiera to tJiese stijjulations has been the uniform endeavour of M". JSawbridj^e, Mr. Townsh^^nd, Mr. Oliver, 6ic. and tkereJl'Ve tliey are abused by Junius. 1 know no reason, biit my zeal and industry in liie same cause, that should entitle me to the honour of being ranked by l)i.s abiise with persons of their fortune and station. It is a duty I owe to the memory cf the late Mr. Beck- ford, to say, thTt he had no ether aim than this, when he provided that sumptuous entertainment at the Man- sion HouKe, lb/ the members of both Houses in opposi- tion. At that time, he drew up the heads of an en- gagement, which he gave to me, with a request that I would conch it in terms so cautious and precise, as to leave no room for future quibble and evasion; but to oblige them either to fulfil the intent of the obligation, or to sign their own infamy, and leave it ou record ; j and this engagement he was determined to propose to ] them at the Manvion House, that either by their re- , fusal they might forfeit the confidence of the public, or, | by the engagemetit, lay a foundation for coiitidence. | \Vhen they were informed of the intention, Lord Rockingham and his friends flatly refused any en-: gagement; and Mr. Beckford, as flatly, swore, they ■should then "eat none of his broth;" and ho was de- ; termined to put off the entertainment; but Mr. Beck- ford was prevailed upon by to indulge them in the ridiculous parade of a popular procession through the city, and to give thciu the foolish pJeasare of an iraagirtary consequence, for the real benefit only of the ••.ooks and purveyors. It was the same motive which dictated the thanlcs'^ of the City to Lord Chatham; which weie expressed to be given for his declaration in favour of skort Par- liaments, in order thereby to fix Lord Chatham, at; least, to that one constitutional remedy, witiiout which all others can afford no sscnrity. The embar- rassment, no doubt, was cruel. He had his choice, either to offend the Rockingham party, who declared formally against short Parliaments, and with the as- sistance of whose numbers in both Houses he must expect again to be a Minister, or to give up the con- fidence of the public, from whom, finally, all real con- spquence must proceed. Lord Chatham chose the latter; and ! will venture to say, that, by his answer to those tlianks, he has given up the people, without gaining the friendship or cordial assistance of the Rockingham faction, whose little politics are confined to the making of matches, and extending their family connexions; and who think tliey gain more by procu- ring one additional vote to their party in the House of Commons, 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 present wretch- ed state of politics in this country, the principles of Junius will suit no form of government. They are not to be tolerated under any constitution. Personal enmity is a motive fit only for the devil. Whoever, or whatever, is Sovereign, demands the respect and support of the people. The union is formed for their ■happiness, which cannot be had without mutual re- tpect; and he counsels maliciously who would per- suade either to a wanton breacli of it. When it is banished by either party, and when every method has been tried in vain to restore it, there is no reme- 'fly but a divorce : but even then he mu?t have a hard and wicked heart indeed, who punishes the greatest j^iriminal merely for the sake of tlie ptmijhment; and who does not let fall a tear for every drop of blood lAat is shed in a public struggle, however just the 7-TreI. ^"^ JOHN HORNE. 238 J^]>IIUS. LETTER LIV. To the Printer qf the Public Jdvertiset. SIR, ACGUSTIS, 1771. 1 OUGHT taraake an apology to the Dike of Graf- ton, for sufftiing any part of my attention to b*' di- veited from hh Grace to Mr. Home. 1 am not justi- fied by the Bimilarity of their dispositions. Private vices, however detestable, have not dignity snffici'nt to attr.*ct the censure of the preFS, unless they are iini- t-ed v\ith the povrerofdoin^ some signal mischief to the community. Mr. Koine's situation does not co-resi- potid with hi? intention.'. In my opinion (vrhich I know \vi;l be attributed to my usual vanity and presumption) his letter to me does not deserve an ans^Ter. But J understand tiiat the pnbiic are not jtatisfit'd with my gilcn^-e, that ao answer is expected from me; and that iff pert-i.st in refusing; to plead, it wjil betaken for conviction. I should he inconsistent "K'ith the piinciplesi profess, if 1 decliut d an appeal to the good sense of the people, or did not willingly sub- rjjit myself to tlie j .di;mcnt of my peers. If any course expressions iiave e€ca:ied me, lam ready toaa:ree that they are ualit for Junius" to make use of; but I see no reason to admit that they have been improperly applied. Mr. Home, it seems, is unable to comprehend how an extreme wantofconductand discretion can consist with the abilities I have allowed him; nor ciin he conceive that a very honest man, with a very good understajjding:, may be deceived by a knave. His knowledge of human nature must be limited indeed. Had lie never mixed with the world, one would think that even liis books might have taught him better. Did ise hear Lord Man^field when he defended his dot-trine couceining libels p Or when he stated tlie law in prof^ecutions for criminal conversation? Or •when he delivered his reasons for calling the House of Lords together to receive a copy of his charge to the jury in Woodfall's trial p Had he been present upoa any of these occasions, he would have seen how pos- sible it is for a man of the first talents to confound himself ifl absurdities, whiclj ffould disgrace the lips JUNIUS. 239 Tan iiliot. Perhaps liie example raigbt have taught ira not to value his own understaudins fo highly. jLord Lyttleton> integrity aud judgment are iinqties- korv^bie ; yet he U known to admire that cunning i5cotchman, and verily believes him an honest man. ii ppeak to facts, with which all of us are convprsrint Ii speaft fo men, and to their experience; and will not ; Jescend to answer the little sneering sophistries of a loUeiiinn. Distinguished talents are not necessarily •onn' cted with discretion. If there be any thing re- narkable in the character of Mr. Plorne, it is, that fjtipme want of judgment should be united with hig olod«rate capacity. Yet I have not forijott-en the ;kn()wled2;ment I mTde him ; he owes ittnmy bount. and though his k ttser has lowered him in my iinion, I scorn to retract thf ch^rit-ible donation. I said it would be wry difficult for Mr. Home to rite directly in defence of a min'slerial measure, and )t t)e detected, and even that difRcuIty I confined to s particular situation. Hechanges the termsof the iroposition, and suiipo^es me to assert, that it would be ! impossible for any man to write for the newspapers, j md not be di-*covered. I Hp repeatedly affirms, or inlimatrj at least, that he n. To-morrow, 1 pre.'ume, both men and measures fill be forgiven. The 11 tming patriot, who sohttely »rclied us in the meridian, shines temperately to the ifest, and is hardly leit as h<' descends. . I comprehend the policy of endeavouring to com- lunicate to Mr Oliver and Mr. Sawbridge, a share 1 the reproaches with which he supposes me to have )aded him. My memory fails me, if I have mentioned *Aeir names witii disrespect ; unless it be reproichful sacknowledae a sincere respect for the ch iracter of tr. Sawbridge, and not to have questioned the in- nocence of Mr. Oliver's intentioas- / JUNIUS. It sppms I am a partisan of the great leader of th» oiiposltioii. If the cliarge had been a reproach,! shouKl have been better supporleci. I did not ititenc to make a public declaration of the respect I beai Lord Chatham; I well knew thnt unworthy conelii sions would be drawn from it. But I am called upon to deliver my opiniou ; and surely it is not in the littl< censure of Mr. Home to deter me from doing si:£nai justi'ie to a man, who, I confess, iias grown upon m> esteem. As for the common sordid views of avaric( or any purpose of vulgar amhition, I question whptheri the api)lause of Junius would be of service to Lordl Chatham. My vote will hardly recommpnd him to| an increase of his pension, or to a seat in the cabinet.i But, if his ambition be upon a level witli his under- stnndin^-, if hejiidges of what is truly honourable for himsplf, vvith the same superior gi^nius which animatcH and directs iiim to eloquence in debate, to wisdom in decision, even the pen of Junius shall contribute to reward him. Recorded honours shail gather round his mouumrnt, and thicken over him. It is a solid fa- bric, atnl will suppo. t the laurels that adorn it. lam liot conversant in the language of panegyric. These praises are extorted from me ; but they will wear well, for they have been di>arly earned. My detestation of the Duke of Grafton is not foun- ded tipon his treachery to any individual : though I am willing (Kiouffii to suppose, that in pubic affairs, it Avould be impossible to dej-ert or betr>iy Lord Chatham, without doing an essential injury to this country. My abhorrence of the Duke arises from an intimate know- ledge of his character; and from a thorough convic- tion that Im baseness has been the cause of greater mischief to Knglaud, than even the unfortunate am- bition of Loid Bute. \, I Tlie shortening the duration of Parliaments is a' subject on which i\lr. Hornec.iuiiot enlarge too warm- ly, nor will I qu<>stion his sincerity. If t did not pro- fes-s the same sentiments, I should bi- .^hamr^fidly incon- sistent with myself. It is unnecessary to bind Lord Chathaas bvthe written formality of an engagement. ±He has publicly decLir* d himself a convert to trien- Vwai Parliaments; and though I have long been con- viflced, that this is tne only possible resource we have lA'ft fcp preserve tk^eubEtenlial fceetiom of the cons'.itu JUNIUS. 243 lion, I do not Ibinlf we have a rig;ht to determine -against the integrity of Lord Rockingham or his friends Other measiirps iiny undoubtedTy be stioport- ed ill argimient, as better adapted to the disorder, of more likf'ly to be obtained. Mr. Home is well assured that I never was the chimpion of Mr. Wilkes. But though I am not obli- ged to answer for tlie firmness of his future adherence to the principles he professes, I have no reason to pre- sume that he will Itereafter disgr-.ice them. As for all 'ti'.ose imaginary cases which Mr. Home so petulantly urges against me, I have one plain honest answer to mike to hitri. Whenever Mr. Wilkes shall be convic- ted of solicilins; a pension, an embassy, or a govern- ment, he mustdepartfro-n that situation, and renouncfi that character, which ho assumes at present, and which, in my opinion, entitles him to the support of the public. By the same act, and at the same mo- ment, he will forfeit !iis power of mortifyinoftheKinjj; and though he can never be a favourite at St. James's, his baseness may administer a solid satisfaction to ti)e royal mind. The man I speak of, has not a heart ^o feel for the frailties of h'n fellow creatures. It h their virtues that afilict, it is their vices that console him. I give every possible advantag:e to Mr. Home, when I take the facts he refers to for granted. That they are the produce of his invention, seems hii^hly piob;-.ble ; that they are exaggerated, I have no douht. At tlie worst, wliatdo they amount to ? but that Mr. Wilkes, who never was tiiought of as a perfect pattern lif morality, has not been at all timesproof agains^t the 2xtremity of distress. How shameful is it in a man (vho has lived in friendship with him, to reproach him fvith failings too naturally coniiected with despair P Is 10 allowance to be made for banishment and ruin.'^ Does a tjo years imprisonment make no atonement or hi.^ crimes? The resentment of a priest is imj;Ia- :able : -no sufferings can soften, no penitence can ap- )rase him. Vet he himself, 1 think, upon his own yslem, has a multitude of political offences to atone 6r^ I will not insist upon the nauseous detail with rhich he has so long disgusted the public: he seems b be ashamed of it. But what excuse will he make b tlic friends of the constltr.tiop,\for labouring to 244 JUNIUS. promote this coosummately bad man to a stati the highest national trust and importance ! I ■what honourable motives did be recommend hi: the iivery of London for their representative? t( i ■ward of Farringdon for their alderman p to the f ■ ty of Middlesex for their knight ? VV ill he afSrm, at that time, he was ignorant of Mr. Wilkes's fl tation to the Ministry? That he ^ hould say so, i deed, very necessary for his own jnstificati.>n : where will he find credulity to believe himp. In what school this gentleman learned {us ell kno'vV not. His iosie seems to have been stndie- derMr. Dyson. That miserable pamphleteer, 1 vie most solemn conviction, and the most cer- /lin knowledjre, is a leading maxim in the policy ol' . :ie doset. It is unnecessary to pursue the argument 'Wy farther. Mr, Home is now a very loyal siihject. Helamenfs le wretched state of politics in this country : and :-»e8, in a new li^lit, the weakness and folly of the • iposition. Whoever, or wh-atever, is Soverei^, de- ands the respect and support of the people:* it was Dt so Tvhen JS'ero Jjddled while Rome was burning. •• urgraciotis Sovereign h;is had wonderful success ia t -eating new attachments to his person and family. * 'C owfs it, I presume, to the regular system he has u'sued in the mystery of conversion. He bcgau ith an experiment upon the Scotch, and concludes - ith converting Mr. Home. Wljat a pity it is that e Jews should be condemned by Providence to waij r a Messiah of their own ! The priestliood are accused of misinterpreting the -i riptun-s. Mr. Home has improved upon his profes- i m. He alters the text, and creates a refutable doc- i: ne of his own. Such artilices cannot long delude 1 12 understandings of the people; and without mean- ii.lfao indecent comparison, I may veatnre toforetel, I2i.»t the Bible and Junius will be read when the com- nrmtaries of the Jesuits are forgotten, JUMU?. LETTER LV. To the Printer of the Public Jdceriikr. i •.■ AtJGi'ST 2G, 1771. The enemies of the people, havingnow notiiina; l)ct- to ohjc-ot to my friend Junius, are at last oblige^} init his politics, and to rail at him Tor crime? he k ^ruilty of. His vanity and impiety are now the per- ual topics of their abuse. 1 do not mean to Icj-scn * The wfy soliloqu'ii of Lord Snffdlk brJUreM pa??e,J /!« :-is JUNIUS. the force of sucli charges, supposing they were tnit^ b'lt to sliow that tliey are not founded, if I admitted the premises, I should readily agree in all the con- sequences drawn from them. Vanity, indeed, is a ^'enal error ; for it usually carries its own punishment irith it; hut if I thought Junius capahle of uttering a disrespectful word of the religion of his country, I '.Iiould he the first to renounce and give him up to the jMiblic contempt and iudignatiou. As a man, I am satisfied that he is a Cluistian, upon the most sincere conviction : as a writer, he would be grossly inconsis- tent with his political principles, if iie dared to attack a religion, established by those laws which it seems to be the purpose of his life to defend. Now for the jjroofs. Jiiuius is accused of an impious allusion to the iioly sacrament, where he says, Tiiat, if Lord fVeymouih he denied the cup, there would be no keep- <.ng him rvU hill the pcde of the Minislry. Now, Sir, I aitlrm, that this passage refers entirely to a ceremo^ :nial in the Roman Catholic church, Wiiich denies the oiip to the laity. It has no manner of relation to the Protestant creed \ and is in this country as fair an ob- ject of ridicule as transubstaniiation, or any other part of Lord Peter's History, in the Tale of the Tub, But Junius is charged with equal vanity and impie- ty, in comparing his writings to the Holy Sci-ipture?. The formal protest lie makes against any such com- parison avails him nothing. It becomes neces.sary sheu to show that the charge destroys itself, if he be vain, he cannot be impious. A vaiu man dops not u?uilly compare himself to an object wliic!) it is his design to undervalue. On the other hand, ifhe be impious, he camiot be vain, ^'iov his impiety, if auy, must consist ia his endeavour- 'ing to degrade the Holy Scriptures, b^ a comparison with his own contem; tible writings. This would be ib'.ly, indeed, of the grossest nature t but where lie.' the vanity;' I shall now be told, "Sir, what you say is plausible enough : but still you must allow, that it, is shamefully impudent in Juiius to tell us tliat htsj Tvorks will li'veas long as the Bible." My answer is.. Agreed; but first prove that he, has said so. Look at| bis word , and you will find that the utmost he expects is, that the Bible and Junius will survive the commen-, 'taries of .tke Jesuits which may pr(jYC true io a t^tt^ JUNIUS^. ^ higlit. The most malignant sagacit7_ cannot show: that his works arc, m Ais opimon, to Uveas long a< the Bible. Suppose 1 were to foretel, that Jack and^ Tom would survive Harry, does it follow that Jack \ must live as long as Tom ? I would only illustrate my^ \ meaning, and protest against the least idea of pro- faneness. Yet tliis is the way in which Junius is usually an- swered, arraigned and convicted- These candid critics never remember any thing he says in honour of our holy religion ; tliough it is true, that one of his leadr ing arguments is made to reet upon the ijiternal eri- dtnce, which the purest of all religions carries with it* I quote his words ; and conclude from them, that he is a true and hearty Cluistian, in substance, not in ceremony; though possibly he may not agree with my Rpverend Lords the Bishops, or with the headof tlie Church, thMt prayers are morality, or that kneeliwg is religion. PHILO JUNIUS.. LETTER LVr. JSrora the Reverend Mr. Home to JuniU». August 17, 1771. I coNouATuT.ATEyou, Sir, on the recovery of your wonted style, though it has cost you a fortnight. .1 compassionate your labour in tlie Composition of your letters, and will communicate to you the secret of my 3uency. Truth needs no ornament; and in my opin- ion, wliat she borrows of the pencil is defonnity. ' Vou brought a positive charge against me of corrup- cion. I denied the charge, antl called for your proofs. 'Vou replied witli abuse, and re-asserted your charge. ,f called again for proofs. You reply again with ?ic of the Bruns- wick?, and all the Stuarts ! To them who know Lord North, it is unnecessary to say, that he was mean and base enoush to submit to yotr> This-, hOKcvev i5.but a smtiU part of the fact. After mining tlic •EUrsreyor's deputy, for acting without the warrant, joii attacked the warrant itself. You declared diat It was illegal ; and swore in a fit of foaming if antic passion, that it never should be Jexecuted. > ou asserted, upon your honour, that in the grant of the rangership of Whittlebury Forest, made by Cliarles the Second (whom with a modesty that t?ould do honour to Mr. Rigby, you are pleased to <«all your ancestor) to one of his bastards, (from whom I make no doubt of your descent,) the pro- ^>erty of the timber is vested in the ranger, I have examined the original grant; and now, in the face of the public, contradict you directly upon the fact. The very reverse of what you have asserted upon your honour is the truth. The graut^fixjn-essly and % a ■particular clause, reserves the property of t!)e timber for the use of the Cimm. In spite of this evi- tlence, in defiance of the representalious of the admi- 4'alty, in perfect mockery of the notorious distresses of the Euglish navy, and those equally pressing and almost equally notorious. necessities of your pious Sovereign, here the matter rests. The Lords of the freasuiy recall their warrant ; the deputy-sui-veyoF is ruined for doing his duty; Mr. John Pitt (whose name, 1 suppose, is offinsive to you) submits to be ijrow-beaten and insulted ; the oaks keep their ground ; the King is defrauded; and the navy of England may perish for want of the best and finest timber in the island. And all this is submitted to, to appease the Duke of Grafton ! to gratify the man who has in- volved the King and his kingdom in confusion and .distress; and who, like a treacherous coward, deseriS edliis sovereign in the midst of it ! There has been a ?trauge alteration in your doe* ■ fine, since yon thought it advisable to rob the Duke of Portland of his pi operty, in order to strengtiien the jhterest of Lord Bute's son-in law before the last i'iener^il election. Nullum tempus occurrit rep. was tften your boasted motto, and the cry of all your iiungry partisans. iVowit seems a graut of Charles the Second to one of his bastards is to be held sa- t pcd and inviolabj^ ! It must not be questioned by liieKing's servant.s, nor submitted to auy interpreta- tion but your -Kr-n. My Lord, this was not the lan- guage yru hcW. ^yl!^^ it. e/ited you (a ftisuTt t^•' JUNIUS; m memory of the glorious deliverer of Englanrl from that detested family, to which yon are still more nearly allied in principle than iu blood. In the name of decency and common sense, what are your Grace's merits, either witlj King or Ministry, that should en- title yon to asstinie this domineering authority over bothi' Is it the forti mate consanguinity you claim with the House of Stuart p Is it the secret correspondence you have so many years carried on with Lord B*itc, by the assiduous assistance of your cream coloured para^- site ? Could not your gallantry find sufHcient em- ploymeut for him, in those genlle officesby which he first acquired the tender friendship of Lord Barring- ton p Or is it only that wonderful sympathy of man- ners which- subsists between your grace and one of vour superiors, and does so much honour to you both P Is the union of Blijil and Black George no lon^ ger a romance? From whatever origin your influ- ence in this country arises, it is a phenomenon in the history of human virtue and understanding. Good men can hardly believe the fact ; wise men are una- ble to account for it. Religious mon find exercise ^r their faith, and make it the last effort of their piety not to repine against Providence. JUjXIUS. LETTER LVIII. Addressed to the Livery of London. GENTLEMEN, SEPTEMnF.R 30, 177], If you alone were concerned iu the event of the present election of a chief magistrate of the metro- polis, it would be the highest presumption in a stran- ger to attempt to influence your choice, or even to offer you his ©pinion. B»it the sitiiation of public affiiirs has annexed an extraordinary importance to your resolutions. You cannot, in the choice of your magistrate, determine for yourselves only. You are going to determine upon a point, in which every aiv?mber of the community is iutg-ested. I will not scruple to say, that the very bcinzol that law, of that right, of that coustitution, for which we have been so 254 3UNIUS. long contcntling:, is now at stake. They who woui4 ensnare your judgment, tell you, it is a common or- the Pretender (to whom bis dearest brother was ^confidential secretary) is a virtue of tlie first magoi- tude. But the hour of impeachment will come, and neither he nor Grafton shall escape me. Now let them make a common cause against Endand and the House of Hanover. A Stuart and a Murray should sympathize with each other. When I refer to signal instances of unpopular opi- ,Tiions, delivers J and maintained by men who may weU be supposed to have no view but the public good, I do not mean to renew the discussion of such opinions. I should be sorry to revive the dormant quertions of Stamp Jet, Corn Bill, or Press-Warrant. 1 mean only to illustrate one useful proposition, which it is the in- tention of this paper to inculcate. That we shcnild rwt fenerally reject the friendship) or services of any man, ecaiu^e he diggers from us in a particular opinion. This will not appear a superfluous caution, if we ob- "Serve the ordinary conduct of mankind. In public affaire, there is the least chance of a perfect concur- jance of sentiment or inclination: yell every man is !able to contribute something to the common stock, and no man's contribution should be rejected. If in- dividuals have no virtues, their vices may be of use to us. I care not with what principle the new-born pa- triot is animated, if the measures he supports are br- nificial to the comnumity. The nation is interested in his conduct. His motives are his own. The pro- perties of a patriot are perishable in the individual: but there is a quick succession of subject?, and the breed is worth preserving. The spirit of the Ameri- cans may be an useful example to us. Our dogs and liorses are only English upon English ground; but patriotism, it seems, may be improved by transplant- jng. I will not reject a bill which tends to confine parliamentary privilege within reasonable bounds, though it should be stolen* from the House of Caven- dish, and introduced by Mr. Onslow. The features of the infant are a proof of the descent, and vindicate "the noble birth from the baseness of the adoption^ I willingly accept of a sarcasm from Colonel Barre or a simile from Mr. Burke. Even the silent vote of Mr. Calcraftis worth reckoning in a division. What though he riots in the plunder of the army, and has only de- termineg'!3 !?'Jf-t?^Sf'afety of t'ne community. If, in the case of a forei.^ war, and t!ie expectation of an invasion, you woul rather keep your fleet in harbour, than man it h pressing seamen, who refuse the bounty, I have don You talk of disbanding the army with wonderf) ease and indivlerence. If a wiser man held such lar j^uage, I should be apt to suspect his sincerity. As for keeping up a much greater number of se; riien in time of peace, it is not to be done : you oppre.'s the mercl)ant,, you will distress trade, ar destroy the nursery of your seamen. He must be juiserable statesman who' voluntarily, by the same ac increases the public expense, and lessens the means M^portiug it. PHiLO JUIVIUS. LETTER LXill. OcTOBF.n 22, 1771.; A FRiKND of Junius desires it may be observed^ ( 4inswer to A Barrister at Loiv.) \mo. That the fact of Lord Mansfield's having r dered a juryman to be passed by (wliicli poor Zei jQEv^r heard of) is now formally admitted. Whi ^NIU«. 271 Mr, Betisan's daine was called, Lord Manpfield was observed to flush in tlie face (a signal of guilt not un- common with him) and cried out, Pass him by. This I take to be sometbina; more than a peremptory chal- lenge: it is an unlawful command without any; reasou assigned. That the counsel did not resist, is true; but this might happen either from inadvertence, or a criminal complaisance to Lord Mansfield. Yon barristers are too apt to be civil to ray Lord Chief Justice, at the expense of your clients. 2do. Junius did never s -.y that Lord Mansfield had destroyed the liberty of the press. " That his Lord- ship has laboured to destroy, tiiat his doctrine is an at- tack upon the liberty of the press, that it is an invasion of the right of juries,^' are the propositions maintained ' by Junius. His opponents never answer him in point ; for they never meet him fairly upon his own ground. 3h'o. Lord Mansfield's policy, in endeavouring to Fcreen his nnconstitutiooai doctrines behind an act of the legislature, is easily understood. Let every Eng- lishman stand upon his guard: the right of juries to return a general verdict, in all cases whatsoever, is a part of our couKtitution. It stands in no need of a bill, either enacting or declaratory, to confirm it. 4to. With regard to the Grosvenor cause, it is plea- ' saot to ol>serve, that Uie doctrine attributed by Junius to LordlViansfield, is adn)itted by Zeno, and directly 'defended. The Barrister has not the assurance to deny it flatly; but he evades the charge, and softens ■the doctrine, by such pooi- contemptible quibbles as 'cannot impose upon the meanest understanding. ' '5to. The quantity of business in the Court of King's Bench, proves nothing but the litigious spirit of the people, arising from the great increase of wealth and commerce. These, however, are now upon the de- cline, and will soon leave nothing hwilawndts behind them. When Junius affirms, that Lord Mansfield has l:\boured to alter the system of jurisprudpnce in the Court where his Lord-'hip presides, he speaks to those who are aWe to look a little farther than the vulgar. 'Besides, that the multitude are easily deceived by the imposing names of equity and substantial justice^ it idoes not follow that a judge, vrho introduces into his I:::ourt new modes of proceeding, and new principles of ''.aw,.iijtPQ^s, ia every iiistance, to decide anJij£Uy- •2^ JUNIUS. tfhy siiouM he where he has no interest? We say, that Lord Mansfield is a bad man^ and a worse judges but we do not say that he is a mere devil. 6ur ad- versaries would fain reduce us to the difficulty of pi'oving too mtich. This artiSce, however, shall not avail him. The truth of the matter is plainly this; when Lord Mansfield kas succeeded in his scheme of changing a court of common law to a court of equity, he will have it in his power to do injustice nkenever he thinks proper. This, thouo^h a wicked purpose, is neither nhsurd nor unattainable. (Uo. The last paragraph, relative to Lord Chathamts cause, cannot be answered. It partly refers to facts of too secret a nature to be ascertained, and partly b unintelligible. ** Upon one point the cause is decided against Lord Chatliam : upon another point it is de- cided for him." Both the law and the language are well suited to a Barrister! !f I have any guess at this bonest gentleman's meaning, it is, That "whereas the commissioners of the great seal saw the question hi a point of view unfavourable to Lord Chatham, and de- creed accordingly; Lord Mansfield, out of sheer love and kindness to Lord Chatham, took the pains to place it in a point of view more favourable to the apptllanV Credat Jndaiis AptUa. So curious an assertion would stagger the faith of Mr. Sylvn. LETTER LXIV. NovembekS, Mil. We are desired to make the following declaratioD, in hehalf of Junius, upon three material points, on *'whicb his opinions have beeh mistaken or misrepref eat- «Bd. ' Ittu). Junius considers the right of taxing the Colo jiies, by an Act of tlie British Legislature, a3 a spuv lative riglit merely, never to be exerted, nor ever to be renounced. To his judgment it appears plain, •' That the general reasonings which were employee' against th.at power, went directly to oar whole legis- lative right ; and that one part of it could not be yielded to such arjTumei)t9, without a vetital surr^ '■4. auNius. mts ^Jo. Tha!^, Tvith regard to press-vrariantf!, his argu- ments should be taken in his own words.and answered 6trictl,v ; that comparisons may soir.etimea ilhistratp. hut prove notliiiij; and tiiat, in this case, an appeal to the passions is unfair, and unnecessary. Junius feel8 and acknowledges the evil in the most express tern)i«-, and will show himself ready to concur in any ratiorsal plan that may provide for the liberty of the individual, without hazarding the safety of the com- uiunity. At the same time he expects that the evil, such as it is, h,e not exaggerated or misrepresented. In general, it is not unjust, that, when the rich maa contributes his wealth, the poor man aliould serve the state in [)erson; otherwise, the latter contributes no- thing to the defence of that law and constitution from "which he demands safety and protection. But the question does not He between the rich and poor. I The laws of England make no such distinctions. N«i- tlier is it true, that the poor man is torn from the care j and support ofa wife and fiimily, helpless withoutlnra. I The single question is, Whether the seamen,* in times of public danger, shall serve the merchant, or the state, in that profession to which he was bred, and hy the exercise of which alone, he can honestly support himself and his family.^ General arguments against ithe doctrine of necessity, and the dangerous use that may be made of it, are of no weight in "this particular case Necessity inchides the idea of inevitable. 'Whenever it is so, it creates a law to which all posi- iti,ve laws, and all positive rights, must give way. In this sente, fh<» 5; vy of ship-money by the King's war- rant was not nf?ret:sary, because the businesg might have been as well or better done by Parliament. .11 "the doctjine maintained by Junius be confined within this limitation, it will go but a very little way in %ipport of arbitrary power. That the King is to Sjudge of the occasion, is oo obj^ctioa, unless we are told how it can possibly be otherwise. There are iother instances, not less important in the exercise^ ''(Dot less dangerous in the abuse, in which the consti- Ijtutlon relies eotirely upon the King's judgment. The * / cor/ine myself ttricUif to seamen. Tf any oUurs, pre ^mff4, it w a grots aJtuse, rjMchtfte m^iittrate can an^ iMxH'd ;rr-i JUNIUS. executive power proclaims war and peace, binds the nation by treaties, orders general embargoes, and imposes quarantines; not to mention a multitude of prerogative writ?, which, though liable to the greatest abuses, were never disputed. 3tio. It has been urged, as a reproach to Junius, thai he has not delivered an opinion upon the game larva, and particularly the late dog act. But Junius thinks he has much greater reason to complain, that lie is never aggisted by these who are able to assist him: and that almost the whole labour of the' press is thrown upon a single hand, from which a discussion of every public question is unreasonably expected. He is not paid for iiis labour, and certainly has a right to choose his employment. As to the game laws, he never scrupled to declare his opinion, that they are a species of the /oresi lawi: Msat they are oppressive to the subject; and that the spirit of thenfi is incompatible with legal liberty ; that the penalties imposed by tlie»e laws bcp.r no proportion to the na- ture of the offence: tliat the mode of trial, and the diegree and kind of evidence necessary to convict, not only deprive the subject of all the benefits of a trial by jury, but are in themselves too summary, and to the last degree arbitrary and oppressive: that, ia particular, the late acts to prevent dog-stealing, or killing game between sun and sun, are distinguished by their absurdity, extravagance, and pernicious ten- dency. If these terms ai'e weak or ambiguous, in what language can Junius express him:=elf? It is noi excuse for Lord Mansfield to say, that he happened? to be absent when these bills passed the House oP Lords. It was his duty, to be present. Such bills, could never have passed the House of Commons with-?? out his knowledge. But we very well know by what? rule he regulates his attendance. When that order^ i! was made in the House of Lords, in the case of Lordl Pomfret, at which every Englishman shudders, my lionest Lord Mansfield found himself, by mere acctdent, in the Court of King's Bench, otherwise he would have done wonders in defence of law and property I The pitiful evasion is ad-^pted to the character. But Ju- nius will never justify himself by the example of thiK bad jnan.» Th,e distincticn between doircgnrong, an4 JUNIUS. Tib ifjiding to do righi^ belongs to Lord Mansfield. Ju- lius disclaims it. LETTER XLV. To Lord Chief Justice Manajiddt. J\'ovf..mbkr2, 17?t. At the intercession oflhreeofyour countrymen, you .r.ve hailed a man, wIjo, 1 presume, is also a SrMch- fia?i, and wiiouj the Lord Mayor of London had re- ined to l)ail. I do not nwan to enter into an exami-'* alion of the partial sinister niolives of your conduct; ut, confining]; myself strictly to the fact, I affirm that oil have done tliat wliich by law you wevc not war- anted to do. The Uiiof was taken in the theft; the :olen goods were found upon hhu, and he made no efence. In these circumstances (the truth of which- on dare not deny, because it is of public notoriety) ; could not ?tand iudilTerent whether he was guilty r not, much loss ooidd thcMc be any presumption o£ IB innocence; and, in these circumstances, I affirm, 1 contradiction toj'ou, Lord Chief Justice Man?«rield, lat, hy the laws of England, he was not bailable. If v^er .Mr. Eyre should be brought to trial, we shall car what you have to say for yourself; and I pledge lyselr, before God and my country, in proper tiiro ad place, to make g-ood my cliarge against you. LETTER LXVr. To the Printer of the Public Advertiser. JfoVEMBEK.9, 117 ■. Junius engages to make good his ciiarge agai.jsi ord Chief Justice MajisfcU, some time before tJie eethig of Parliament, in order that the House of ammons may, if they thini proper, make it one tide in t!l^ impeaciiment of the said Lord Clii^ LETTER LXVn. 7o kis Grace tkc Duke, of Graf ton- November 27, 177L WnAT is tl'-e reason, my Lord, that, when aluio^ :yciy man in the king;dom, without distinction oi priii-ciples or party, exults in the ridiculous defeat oi ?3ir James Lowtlier, when good and bad men unite in one common opinion of that baronet, and triumph iu his distress, as if the event (n'ithout any reference to vice or virtue,) were interesting to human nature, your Grace alone should appear so miserably depress- ed and afflicted P In such universal joy, I know not %vhere you will look for a compliment of condolence, unless you appeal to tlie tender, sympathetic sorrows of Mr. Bradshaw. That creani-colou'ed gentleman' tJ tear.*, afflicting as they are, carry consolation alowg; ■with them. He never weeps, but like an April siiower, with a lambent ray of sunshine upon hisj coimtenance. From the feelings of honest men upon this joyful occasion, I do not mean to draw any con- elusion to your Grace. They naturally rejoice when they see a signal instance of tyranny resisted with Ruccess, of treachery exposed to the derision of the world, an infamous informer defeated, and an impu- dent robber dragged to the public gibbet. But in the other class of mankind, I own I expect to meet tijc Duke of Grafton, Men who had no resard for jus- tice, nor any setjse of honour, goein as heartily pleased with Sir James Lowther's wejl-dcserved punishment, as if it did not constitute an example against them- selves. The unliappy baronet has no friend:?, even among those who resemble him. Yqu, my Lord, are DOt reduced to so deplorable a state of dereliction ; every villain in the kingdom is your friend; and ia compliment to such amity, i think you should suffet your dismal countenance to clear up. Besides, my Lord, I am a little an.viotis for the consistency of your ciiaracter. You violate your own rules of decorum, vilien you do not insult the man you have betrayed. The divine justice of retribution seems now to have h«gun its progress. Deliberate treachery entails pun- isurent :330a the tr&itor. There is no po^^^hiU^y es'i ■JONIUS. -227 eacaping it, even in the hini:hest rank to which the consent of society can exalt the meanest and worst prt}du?'i:e:vj' ■ : 'Mi.' 278 JftJ^IirS. Yet I confess I should be sorry tliat the opprobrious ra[amy of this match should reach beyond the faiivHy We have now a belter reason than ever to pray for life long life of the l>e8t of Pritices, and tire welfare of his royal usve, I will not njix any tininij; oininon-i "ith my prayers: but let Parliament look'to it. A 'Luttreli shall rrever succeed to tiie Crown ofEniriand. if the hereditary virtues of the faQjiiy deserve a kiug- <5om, Scotland will be a proper retreat for them. The next is a most remarkable instance of ttie good- Bess of Providence. Tiie just law of retaliation has «tlast overtaken the little contemptible tyrant of tlie jNorth. To tills sou-ia law of your dearest friend, the Karl of Biite, j'ou meant to transfer the Duke of Port- land's property ; and yon hastened tlje grant with an »>.xpedition unlcnovrn to the Trearnry, tliat lie might have it time enough to give a decisive turn to the 4 lection for the county. The immediate consequence ef this flagitious robbery was, tliat he lost the election ^hichyou ineant to insure bim, and with such signal tiicunistances of scorn, reproach, and insult (to say .j»Othin^ of the general exaltation of all parties) agJ incepting the Kin^'shrother- in-law, Colonel Lnttrell, and old Simon, hiafather-jn-law) hardly ever fell upon er8on ? Do you think that Junius has renounced the ' Middlesex election?* or that the King's timber sliaH ' he refused to the Royal Navy with impuriity? oir tliat you shall hear no more of the sale of that patent to Mr. Hine, which you endeavoured to screen, by aiiddenly dropping your prosecution of Samuel Vaug- ■^hingmoTe base and detestable than this/act, must be left tlr^ 'tietemined, ua|;7 tftc cm sMl ffWfr? at ^9 fQUtifs Bge eXti 3U.\!tlS. 27.9 jiuu, wlifiD tilt' rule against him wr.s made ati^oiule? f itbelieve, indeed, tliBrpnevfr was such an instance jn '\,iiU the history of negative inipiulence. But it shall ufiot save yon. The very sunshine yon live in is a pre- ii\de toyonf dissolution. When you are lipe you shall pepUicketi. JUNIUS. ' PS, i be; yon will convpyta your Gracious Ma? iler my humble conf^ratulations opon the glorious sue* :;ess of peerages and pensions so lavishly difitribiitetl •jis Ihc rewards of Irish virtue. i 1-RTTEil LXVUL To Lord Chkf Justkc Mansjidi. j ■ • .Tandary 2;, i::.: ^ ! !!AVE nndertaken to prove, that when, at the in ,,<:rcession of three of yoor conntrymen, you hailed \fohn Eyre, j-^ou did that n/n'c/i by la>v you n'cre not .^parraiUed to do y and that a felon, nnder the circnm- :.4tauces o/fceijig taken in the fact, miih the stolen goof la yijjon him, andmakhii^ no defence, isnot bailable by tiie ,awg of England. Vour learned advocates have in- terpreted this charge into a denial, that the Court of [King's Bench or tlfe Judges of that Court, during: the. ivacation, have any greater authority to bail forcrim- -nal offences than ajuptice of peace. ^ With the instance ;)efore rae, I am supposed to question your power of loing wronr, and to deny the existence of a power, .it the same moment that I arraign the illegal exercise ^/it. ^ But the opinions of such men, whether wilfnl iii their malignity, or viocere in their ignorance, ari> ,mworthy of" my notice. Yon, Lord Mansfield, did ijiot understand me so,- and I promise you, your cause iiCquires an abler defence. I am now to make good ■fly charge against you. However dull my argument. [be subject of jt is interesting. I shall be honoured jnth the attention of the public, and have a riglit in Ibmand the attention of the legislature. Supported, )t8 I-am, by the whole body of the criminal law of J^Dgland, 1 have no doubt of establishing my char«r. , ^'ori your pait, yoO shall ha 7 a no plain substantial ' 28^ dUNlU^. defence, but should endeavour to shelter yourself tin- der tlje quirk and evasion of a practising lawyer, cr under the mere insiiUirjg assertion of power, without right, the reputation you pretend to is gone for ever: you stand degraded from the respect and authority of your office, and are no longer, dt jure, Lord Ciiicl Justice of England. This letter, my Lord, is addressed notfo much to you as to the public. Learned as you are, and quick in apprehension, few arguments are necessary to satii^fy you, that you liave done that, which, by law, you were not warranted to do. Your confcience already tells you, that you have sinned against knowlcdj^f, and that, whatever defence you make, contradicts your own interna! conviction. But other men are willing enough to tulce the law upon trust. They rily upon your authority, because tiiey are too indolent to search for in for run lion .- or, conceiving that there i's some mystery in the la^-s of their country, which lawyers are only qualified to explain, thej' distru?t iheir judgment, and voluntarily renounce the right of thinking for themselves. With all the evidence of history f>efore theiu, from Trerllianio JefferieSy from Jeffcrics to Mamfi^^ld, they will not believe itpossible ihat a learned judge can act in direct contradiction to thosv^ laws, which he is supposed to have made the study of his life, and which he has swori; to adminis- ter f iithfuliy. Superstition is certainly not the e!ra- racteristic of this age; yet soiue men are bigottcd in politics, who are infidels in rcRgion. I do not despair, of making thera ashamed of thplr credulity. Tlie charge I brought against you is expres^eu iu termsguardedand well considered. I'hey do notdeny the strict power of the Judges of the Court of King's Bench to bail in casps not bailable by a justice of peace, nor replevisnble by the common writ, or ex ojjl. f.io, by the Sheriff. I well knoAv thp practice of the •tourt, and by what legal rule? it oughttobt; directed. But, far from meaning to soften or dlmi.iish the force of those terms I have made use of, f now go beyond thern, and affirm, I. That the superior powpr of bailing for felony, x-laimedby ihe Court of King's Bench, is founded upof\ .tl\e*opinion of lawyers, and thp in'ftctice of the Court^ that iUe assent of the h>;,ijLit{f6e to tht? po^t'v i* JvUKiUa 281 merely negative, and that it is not supported by any positive provision in any statute whatsoever. If it be, procliice the statute. II. Admitting that tlie Judges of the Court of King's Bench are vested with a discretionary power , to examine and judge of circumstances and allegations which a justice of peace is not permitted to consider. I affirm that the judges, in tlie nue and application of that discretionary power, are asstrictly bound by the s;pirit, intent, and meaning, as the justice of peace is ; by tlie words of the lesjislature. Favourable circiim- Etances, alleged before the judge, may justify a doubt ^vhetllcr the pii^onnr beguilty or not: and where the guilt is doubtful, a presumption of innocence should in , general be adir.itled. But, when any such probable 'circumstances are alleged, they alter the state and j condition of the prisoner. He is no longer ihAtali-but ",^ convicted felon, whom the law intends, and who by ij law is not bailable at all. If no circumstances wlrat- . soever are alleged ia his favour; if no allegation nhatsoever be made to lessen the force of that evi- j dence which the law annexes to a positive charge of , felony, and particularly to the f^icto^ baing taken with the mancr j I then say, that the Lord Chief Justice of ■| England has no more right to bail him than a justice . oi' peace. The discretion of an English judge is not . of mere.will nnd pleasure; it is not arbitrary; it is not capricious; but, as that great lawyer (wliose authori- , ty I ■w'ish you rcipectod half as much as 1 do) truly . s.jys,* " Dii^cretioH, taken as it ought to be, is, discer- 3}tre per legem quid sitjustum If it be »ot directed ,, by the riglitlineof the law, it is a crooked cord, and ,'! oppeareth to be unlawful." If discretion werearbitra- ,, ly in the judge, he might introduce wliatspever no- j, vf'ltie? he thougiit proper. But, says Lord. Coke, " Novelties, without warrant of precedents, are not to ; be allowed j some certain rules aie not to be followed ; ! Quicqiiii judicis authoritati subjicitury novitati wm , subjicitur ;''' and thi:J sound doctrine is applied to the ;. star chamber, a court confessedly arbitrary. If yoii 1 %v;il abide by the antiiority of this great man, you shall have all the advantage of his opinion, wherever !, it jrppcarg to favour you. Excepting the plaip,exfre9e , ^ ^ 4 Xtot. 41. 66| 'M 3.UNIUS, nieaning of the legislature, to which all private opi. nions must give way I desire no better judge betweea Us than Lord Coke. ill. I affirm that, according to the obvious, indis- putable meaning of the legislature, repeatedly ei- pres.-ed, a person positively charged with feloniously slealingy and taken in flagrante delidOy with the sto- len goods upon him, is not bailable. The law consi- ders him as differing in nothing from a convict, but in the form of conviction ; and (whatever a corrupt judge may do) will accept of no security, hut the confinement of his body within four walls. 1 know iit has been alleged, in your favour, that you have often, bailed for murders, rapes, and other manifest crimes.^' Without questiorting the fact, I shall not admit that'. you are to be justified by your own example. If tiiat" were a protection lo you, where is the crime, that,a3 a judge, you might not now securely commit.'^ But., neither shall 1 suffer myself to be drawn aside from lay present argument, nor you to profit by your own wrong. To prove the meaning and intent of the le- gislature, will require a minute and tedious deduc- tion To investigate a question of law demands some labour and attention, though very little genius or sagacity. As a practical profession, the study of the law requires but a moderate portion of abilities." The learning of a pleader i« usually upon a level witli his integrity. The indiscriminate defence of right and wrong contracts the understanding, w hile it cor- rupts the heart. Subtllty is soon mistaken for wis- dom, and impunity for virtue. If there be any in- stances upon record, as some there are undoubtedly, of genius and morality united in a lawyer, they are' distinguished by tlieir singularity, and operate as e|;- ceptions. 1 must solicit the patience of my readers. This is no light matter; nor is it any more susceptible of or--, nament, than the conduct of Lord Mansfield is capable pf aggravation. As the law of bail, in charges of felony, has been exactly ascertained by acts of the legislature, it is at present of little consequence to inquire how it stood at common law before the statute of Westminster. And yret it is worth the reader's attention to obsecv<^ how ncaa«lsdT^ce jji» ^^sipedy.'W^fqmfroir) h 37. 284 ■aiNUlS. exposition of the last part of this quotation, aceu rateJy distinguishes between replevy, by the common writ, or ex officio, and bail by the Kind's Bench. The words of the statute certainly do not extend tu the judges of that court. But, beside that, the reader will soon find reason to think that the legisktnre, in their intention, made no difference between bailable] and replevisable Lord Colce lilmself, if he be under- stood to mean nothing but an exposition of tlie sta-| tute of Westminster, and not to state the law gene- rally, does not adhere to his own distinction. In ex- pounding the other offences, which, by this statute, are declared not replei-i sable, he constantly uses the words not bailable. "That outlaws, for instance, are 7wt bailable at all.- that persons who have abjured the realm, are attainted upon theii- own confession, and therefore not bailable at all by law : that proveis are not bailable, that notorious felons are not bailable.''^ The reasen why the superior courts wvie not named in the statute of Westminster, was plainly this, " be- cause anciently most of the business touching bail- ment of prisoners for felony or misdemeanors, was performed by the sheriffs, or special hailiffis of li- berties, either by writ, or virtutc officii;''^* conse- quently the superior courts had little or no opportu- nity to commit those abuses which the statute im- putes to the sheriffs. With submission to Dr. Clark- stone, I think he has fallen into a contradiction, which, in terms at least, appears irreconcileable. Al- ter enumerating several ofTences not bailable, he as- serts, without any condition or limitation whatso- ever, f " All these are clearly not admissible to bail." Yet, in a few lines after, he says, " It is agreed that the Court of King's Bench may bail for any crime whatsoever, accordhig to the circumstances of the c&se." To his first proposition he should have added, by sheriffs or justices ; otherwise the two proposillPns contradict each other: with this difft^rence, however^ that the first is absolute, the second limitedby a con- sideration of circumstances. 1 say thi", without the least intended disrespect to the learned author. Hisf work is of public utility, and should not haslilv be condemned. *S Hale, P. C. 128. 136. ■t BlackstoM, iv. '^ JUNIUS. M ' Ti.eftatnte of 17 Richard U. cap. 10, 13D3, sets fortii, that, "ForaP!nuch 33 thieves notoriously de- hm<>d, xtend3* only to ■the case of commilments for such criminal ciiarge as can produce no inconvenience to public justice by a temporary enlargement of the prisoner." So careful were the legislature, at the very moment when they ' were providing for the liberty of the subject, not to furnish any colour or pretence for violating or evad- ing tlje established law of bail in the higher criminal ofFenccs. But the exception, stated in the body of the act, puts the matter out of all doubt. After directing the judges how they are to proceed to the discharge ' of the prisoner upon recognizance and surety, having ' regard to the quality of the prisoner, and nature of ' the offence, it is expressly added, "unless it shall ap- ; pear to the said Lord Chancellor, &c. that the party so committed is detained for such matters or offences, for tlie whic!), by the law, the prisoner is not bailable. ^Vlien the laws, plain of themselves, ane thus illus- trated by facts, and their uniform meaning established by history, we do not want the authority of opinions, however respectable, to inform our jiulgmcnt, or to confiim our belief. But 1 am determined, that you shall have no escape. Authority of every sort shall be produced against you, from Jaco!) to Lord Coke, from the dictionary to the classic. In vain shall you appeal from those upright judges whom you disdain to imitate, to those whom you have made your example. With one voice they all condemn you. " To be taken with the woner, is where a thief, ha- ving stolen anything, is taken with the same about hiin, as it were in his hands, which is called flagraixie delicto. Such a criminal is not bailable by la7v. — Ja- cob, under the word Maner. " Those who are taken with the mantr are exclud- ed by the statute of Westminster, from the benefit of a replevin." — Hawkins, P. C. ii. G8. " or such heinous offences, no one, who is notori- ously guilty, seems to be bailable by the intent of this statute."— i)r»a, ii. 99. " The common practice and allowed general rule is, that hail is only then proper, where it stands indi/- ferent whether the party weie guiltv or innocent." — Vifto, dlt(o> " There is no doubt but that the baniriiEr of a pe Mo i% not bailable by Law, is punishable either at men law, as a negligent escape, or as an ofS'nce aj the several st^itiites relative to bail."— i7i«o, 80 *' It cannot be doubted, but that neither the ji of this, nor of any other superior court of juslic( strictly within the purview of that statute j yet will always, in their discretion, pay a due rega it, and not admit a person to b-.il who is expi declared by it irreplevisable, tvithout some parti circumstance in his favour ^ and, therefore, it ; difncultto find an instance where persons, attain; felony, or notoriously guilty of treason, or raansl; ter, &c. by their own confession, or othen^yise, been admitted to the benefit of bail, without speci-.i I motive to the court to grant it." — Ditto " Jf it appears that any man hath injury or v by his imprisonment, we have power to delivp discharge him; if otherwise, ke w to be rcmayidi us to prison again."— L(»-(i ChJ. Hyde, State 7 vii. 115. " The statute of Westminster was especiall direction to the Sheriffs and others; but to say c of jtistice are excluded from this statute, 1 conre cannot be." — Attorney General Heathy ditto, 132 " The court, upon view of the return, jtidj^eih < sufficiency or insufficiency of it. If they thin prisoner in law to be baibahlt, he is committed t Marshal, and bailed; if notheisrenianded." Thi the whole debate, the objection, on the part of th eoners was, that no cause of commitment was ex ed in the warrant; but it was uniformly admittf their counsel, that, if the cause of commitmen been expressed for treason or fiplony, the court i th»'n have done right in remanding them. The Attorney General having urged, before a mittee of both Houses, that, in Beckwith's cas< others,. the Lords of the Council sent a letter 1 Court of King's Bench to bail; it was replied, 1 managers of the House of Commons, that this ■ no moment; ** for that either the prisoner was hie by the law or not bailable. If bailable by th then he was to be bailed without any such let not bailable by the law, then plainly the judges not have bailed bim i>pon tUe letter, without I JUNfUS. M eir oath, which is, that they are to do justice according elanu'''' &c.—State Trials, x'li. ^15. So that in bailine; upon such offences of the highest na- , a kind of discretion, rather than a constant law, hath exercised, T»'hen It stands waolh/ indifferent, in the eye 3 court, whether the prisoner by guilty or not."— 6'ei , t. Tr. vii. 23v0.3l. eny that a man is always bailable when imprisonment iposed upon him for custody ."—Atlorneti General Hcatk, . 238. ;y these quotations from the State Trial?, though other- ise not of authority, it appears plainly, that in resarti to jUablc or not bailable, all parties agreed in admitting one roposition as incontrovertible. " In relation to capital offences, there are especially- lese 'cts of Parliament that are the common landmarks,'*- 3 'ching offences bailable or not bailable.'' — Hale, ii. P. C. } . The enumeration includes the several acts cited in paper. i^ersons taken Trith the maimnvre are not bailable, be- use it Ufurtum mani/'esturr!.'"--Halk, ii. P. C. 133. " The writ of Habeas Corpui, is of a high nature; for jf -rsoiis be wrongfully committed, they are to be discharged on this writ returned ; or, if bailable they are to be bail- .»; i/ 7iot bailable, they are to be committed.'" — Hale, ii. C. 143. This doctrine of Lord Chief Justice Hale re- immediately to the superior courts from whence the issues. " After the return is filed, the court is either icharge, or bail, or commit him, as the nature of the case 'resr— Hale, ii. P. C. 146. !' bail be granted otherwise than the law alloweih, the that alloweth the same shall be fined, imprisoned, er damages, or forfeit his place, as the case shall re- . e." — Selden, by N. Bacon, 182. ; his induces an absolute necessity of expressing, upon H..,ry commitmeut, the rea.son for which it is made ; that Be court, upon a Habeas Corpus, may examine into its \a- ^.ity, and according to the circumitancrs of the case, may '."Charge, admit to bail, or remand the prisoner."— JS/acfc- ■oy, iii. 133. '" >larrJot was committed for forging endorsements upon ink-bille, and upon a Habeas Corpus was bailed, because IB crime was only a great misdemeanor; for though the >rging the bills be felony, yet forging the endorsement is v't." — Salksid, i, 104. ! A.ppell de Mahem, &c. ideo ne fiiit lesse a baiHe, nient [u. lue in appeil de robbery ou murder; quod nota, et que ' has HtAthi stvdy 6f tbr^ Manffidd to remove toi«f- 294 JUNIUS. in robbery et murder le partie n'est baHlIable>%-Jlf Mainprise, 67. " The intendment of the law in bails is, Quod stat indi fereiUer, whether he be guilty or no ; but when he is eo victed by verdict or confession, then he must be deeoK in law to be guilty of the felony, and therefore not bailab at aIU'—Coke,i\. Inst. 188. iv. 178. : *' Bail is qwindo stat indiff'erenter, and not when tite o fence is open and manifest."— 2. Inst. 189 " In this case non stat indiff'erenter, whether he be guilt or no, being taken with the mnncr, that is, with the tbii Stolen, as it-\vere in his hand."— £>i«o, ditto. ♦» If it appeareth that this imprisonment be just, and la^ ful, he shall be revmnded to the farmer gaoler; but if shall appear to the court that he was imprisoned again: the law of the land, they ought, by force of this statute', i deliver him ; if it be doubtful, and under consideration, i may be bailed "—2 Inst. 55. It is unnecessary to load the reader with any farth« quotations. If these authorities are not deemed sufficiei to establish the doctrine maintained in this paper, it "will \ in vain to appeal to the evidence of law books, or the op nions of judges. They are not the authorities hy whi>: Lord MausReld will abide. He assumes an arbitrary pow< of doing right; and if he does wrong, it lies only betivee Tfet was an argument, however conformable to luw and re ^on, in which a cunning, quihbling attorney might not disC' A/er a flaw. But, taking the whole of it together, I affirrj that it constitutes a mass of demonstration, than which n^j thing more complete or s'atisfactory can be offered to tl' human mind. How an evasive, indirect reply willl star) ■with your reputation, or how far it w ill answer in point ■ 4Jefence, at the bar of the House of Lords, is -worth yoi| consideration. If, after all that has been said, it shouj still be maintained, that the Court of King's Bench, inba'j io^ felons, are exempted from all legal rules whatsoeve' and that the judge haS no direction to pursue, but his pr; ^ate affections, or more unquestionable will and pleasurl; jt will follow plainly, that the distinction between bailah" and not baibiWe. iinirormly expressed by the legislatur current through all our law books, and admitted by ail o( great lawyers, without exception, is, in one sense, a nug torv, in another, a nernicinus distinction. It is nugator as it supposes a ditTerence in the bailable quality of oife; ce?, whei> ia effect, the distinction refers only to tbe rW 3Vm\S%. 215 ftf the magistrate. It is pernicious, ai^it implies a rule of law, which yet the judge h not bound to pay the least re- gard to; and impresses an idea upon the miflds of the peo- ple, that the judge is wiser and greater than the law. It remains only to apply the law, thus stated, to the fact in question. By an authentic copy of the mittimus, it ap- pears that John Eyre was committed for felony, plainly and specially expressed in the warrant of commitmeht. He was charged before Alderman Halifax, by the oath of Thp- Efiaa Fielding, WiHiam Holder, William Payne, and William ■Nash, ioTfdmiiousfy stealing eleven quires of writing paper, value six shillings, the properly of Thomas Beach, kc. By the examination upon oath of the four persons mentioned In the mittimus, it was proved that large quantities of paper bad been missed; and that eleven quires (previously mark- ed, from a suspicion that Eyre was the thief) were found upon him. Many other quires of paper, marked in the same manner, were found at his lodgings ; and after hie had been some time in Wood-street Compter, a key was found in his room there, which appeared to be a key to the clo- Iset at Guildhall, from whence the paper -Was stolen. When sasked what he had to say in his defence, his only answer was, I hopeyouwill bail me. Mr. Holder, the clerk, replied. That is impossible. There never was an instance of it, when the stolen goods nere found upon the thief. The Lord Mayor was then applied to, and refused to bail him. Of all these ■circumstances it was your duty to have informed yourself minutely. The fact was remarkable; and the Chief Ma- gistrate of the City of London was knoiVn to have refused ito bail the offender. To justify your compliance with the tolicifations of your three countrvmen, it should be proved ithat such allegations were offered to you in behalf of their .issociate, as honestly and bona. fide reduced it to a matter i>f doubt and mdiiference whether the prisoner was inno- cent or guilty. Was any thing otfered by the Scotch tri- limvirate that tended to invaliilate the positive charge .nade against him by our four credible witnesses upon oath ? iiWas it even insinuated to you, either by himself or his bail ,hat no felony was committed; or, that he was not the fe- on; that the stolen goods were not found upon him; or, I hat he was only the receiver, not knowing them to be sto- len? Or, in short, did they attempt to produce any evi- jlence of his insanity. To all these questions, I answer for you, without the least fear of contradiction, positively, ;1o. From t ;e moment he was arrested he never enter- .,amed any hope of acquittal; therefore, thought of nothing jlut obtaining bail, that be might have time to settle his af- fairs, convey his fortune into another country, and spend ihe remainder of his life in comfort and affluence abroad )|B this prudential scheme of future happiness, the Lord jfbief Justice of Ecglami laost readily and heartily coa- m JUNIUS. fyrred. At sight of so much virtue in distress-, your »; ral benevolence took the alarm. Such a man as Mr. Ej struggling with adversity, must alT\ays be an interes . scene to Lord Mansfield. Or was it that liberal anxi^- 1 by which your whole life has been distinguished, tfoenk.: the liberty of the subject ? My Lord, we did not want new instance of the liberality of your principles. We ready knew what kind of subject tbey were for whost berty you were anxious. At all events, the public much indebted to you for fixing a price, at which fel may be committed mith impunity. You bound a felon, notoriously worth 30,0001. in, the; ■ «f 3001. With your natural turn to equity, and knowini .. you are, in the doctrine of precedents, you undoubtt meant to settle the proportion between the fortune of felon and the fine by which he may compound for his f By. The ratio now upon record, and transmitted to poi rity under the auspices of Lord Man.sfield, is exactly to an hundred. My, Lord, without intending it, you b laid a cruel restraint upon the genius of your countryn In the warmest indulgence of their passions, they hav< «ye to the expense ! and if their other virtues fail us, bave a resource in their economy. By taking so trifling a security from John Eyre, you i: ted, and manifestly exhorted him to escape. Althou^i bailable cases it be usual to take four securities, you him in the custody of three Scotchmen, whom he m., : have easily satisfied for conniving at his retreat. That ; riidnot make use of the opportunity you industriously gn ; him, neither justifies your conduct, nor can it be any vv i accounted for, but by his excessive and monstrous avarjr* Any other man, but this bosom friend of three Scotchmcj. would gladly have sacrificed a few hundred pounds, raV' than submit to the infamy of pleading guilty in an o] court. It is possible, indeed, that he might have flatte himself, and not unreasonably,with the hopes of a pard That he would have been pardoned, seems more than p bable, if I had rot directed* the public attention to the le ing step you took in favour of him. In the present ger reign, we well know what use has been made of the len." of the court, and of the mercy of the crown. The JLi Chief Justice of England accepts of the hundredth pari the property of a felon, taken in the fact, as a recog usance for his appearance. Your brother S'tinjthe browbeat jury, and forces them to alter their verditt, by which tl had found a Scotch .sergeant guilty of mur-ler -, and thoi the Kennedies were convicted of a most deliberate a atrocious murder, they still had a claim totheioyal men They were saved by the chaatity of their conuectio.. They had a sister, yet it was not her beauty, i-utthepliao". of her virtue that recoaamended her to tlie King. JtJNItfS. 2»7 le holy author of our religion was sepn in the company oners; but it ivas his gracious purpose to convert them their sins. Another man, who in the ceremonies of aith, might give lessons to tlie great enemy of it, upon ■ent principles, keeps much the same company. He rtiscs for patients, collects all the diseases of the heart, ;urns a royal palace into a hospitable for incurables. m of honour has no ticket of admission at Pt James'. ^ receive him lil:e a virgiu at the Magdalenes— Go and do likemise. Y charge aaainst you ia now made good. I shall, how- be ready to aiiswer or to submit to fair ni-jectious. If, lever this matter shall be agitated, youiuiler the door* e House of Lords to be shut, I now protest, that I shall der you as Laving marie no reply. From that moment, e opinion of the world, you will stand seli-convicted. ther your reply be quibbling and evasive, or liberal u point, will be matter for the judgment of your peers ; r, when every possible idea of disrespect to that noble e (in whose honour and justice the nation implicitly '!es) is here most solemnly disclaimed, you should en- our to represent this charge as a contempt of their au- ty, and move their lordships to censure the publisher js paper, 1 then affirm, that you support injustice by uce, that you are guilty of a heinous aggravation of oifence, and that you coniribute your utmost influence omote on the part' of the highest court of judical ure, s ■ive denial of justice to the natiou. JUNIUS. LETTER LXIX. To the Rigid Hon. Lord Caoidea. .ORD, UR^' with pleasure from that, barren waste in which n© ary plant takes root, no vcrduie quici^ens, to a charac- jrtile, as I willingly believe, in every great and good fication. I call upon you in the name of the Znglish n, to stand forth in defence of the laws of your countrv, o exert, in the cause of truth and justice, those great ies with which you were intrusted for the benent of ind. Toascevtain the facts set forth in the -preceding r it may be necessary to call the persons mentioned in mis to the bar of the House of ],ords. If a motion for purpose should be rejected, we shall know what to think •rd Mansheld's innocence. The leeal argument is sub- .r^'su to your Lordship's judgment. After the noble stand (>u made agaiast Lord ALansfield, upon the (luestiou of 1?- 298 JUNIUS. bel, Tre did ex{iect that you would not hare suffered that matter to have remained undetermined. But it was said that Lord Chief Justice Wilmot had heen pnv nil ed upon to vouch for an opinion of the late Judge Yates, which was sup- posed to make against you; and we admit of the excus«. When such detestable arts are employed to prejudge a question of right, it might have been imprudent at that tinoe to have hrouelit it to a decision. In the present instance, you will iiavc no such opposition to contend with. If there be a judge or a lawyer, of any note in Westminster-hall, •who shall be daring enough to aflRrm that according to the true intendment of the laws of England, a felon, taken with tl'.e mnncr in flagrante delicto, is bailable, or that the discre- tion of an English judge is merely arbitrary, and not govern- ed by rules of law, I should be glad to be acquainted with him. Whoever he be I will take care that he shall not give you much trouble. Your Lordship's character assures me that 5^ou will assume that principal part, which belongs to you in supporting the laws of England against a wicked judge, who makes it the occupation of his life to misinter- pret and pervert them. If you decline this honourable of- fice, 1 fear it will be said, that, for some months past, you have kept too much company with the Duke of Grafton. When the contest turns upon the interpretation of the laws, you cannot, without a formal surrender of all your reputa- tion yield the post of hojiour even to Lord Chatham. Con- sidering the situation and abilities of Lord Mansfield I do not scruple to affirm, with the most solemn appeal to God for my sincerity, that, in my judgment, he is the very worst and most dr