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VOLUME
SECOND.
JUNIUS
UNIUS to a King
page 2
I ETTER LII.
Junius to the Duke of Graftan, on the proſpect of his
refignation
Notes : Horned callis ; fate of Lord Chancellor
Yorke; Mr. Bratthaw; General Burgoyne.
και 4 L Ε Τ Τ Ε R
Junius on the addiefs of slie city of London, and the
King's anfier
39-46
L E T T E R LIV.
Junius confiders the anſwer as the Miniſter's ; yer
the conſequences may affect Majeſty 46-56
L E T T E R LY.
Junius on the conduâ of Parliament. King's friends.
Notes : Sir Fletcher Norton; Davenant ; Mif
Kennedy
5672
L E T T E R LVI.
Junius to Lord North, on Colonel Luttrell's being ap.
pointed Adjutant General in Ireland.
Note : Miniſterial manguores in the army in Ire-
72-76
LET
.
C O N T L N T 9.
382
L E T T E R LVII.
Junius to Lord Mansfield; a review of his Lordſhip's
conduct.
Notes : Lord Coke ; Lord Mansfield's doctrine in
regard to librls difcuffet ; Lord Chathan's opi-
Mr. De Grey's.
Mr. Morris's caſe;
Judge Afton's opinion of Mr. Morris ; Mr. More
ris's affidavit; his animadverſion on Judge
Afton's opinion of im
76100
nions ;
L E T T E R LVIII.
Junius on the quarrel with Spain relating to Falkland's
Iſlands.
Note : How the diſpute was ſettled 10 sentiment 2
LETTER LIX.
Philo Junius on the accommodation with Spain, in de-
fence of Junius
1 1 2 1 17
L E T T E R
Junius on his own fituation ; on the privilege of Par-
liament.
L E T T E R LXI.
Philo Tupius's defence of the last letter
133 135
L E T T E R
LXIT.
Philo Junius quotes Mr. Attorney General Noye and
Sir Edward Coke in fapport of Junius 135 137
L E T T E R LXIII.
Philo Junius on the contradictory refolations of the
Houſe of Counmons
137143
LET.
C O N T E N T S.
iii
L E T T E R LXIV.
Junius to the Duke of Grafton ; on his Grace being
appointed Lord Privy Seal. Lord Mansfield, Mr.
Charles Fox; Mr. Wedderburne ; Lord Sandwich;
Colonel Burgoyne Lord Weymouth.
Note : Conduct of Chairt for
143-150
L ETT ÉR LXV.
Junius to the Duke of Grafton, on the fatal effc&ts of
liis Grace's attachments, Attack on Mr. Horne
15056
L E T T E R LXVI.
Mr. Horne's reply to Junius, and denies the charges
made againſt him
136-160
L E T T E R LXVII.
Junius's private letter to Mr. Horne
1600-764
para moms. Borne
* L E T T E R
Mr. Horne to Junius. Vindicates himlelf and gives
an account of Mr. Wikes and the Rockingham
adminiſtration
164-83
L ETT ER
Junius reviews Mr. Horne's conduct, itates his own
principles; his elegant encomium on Lord Chatham,
183–197
&c.
L E T T E R LXX.
Philo Junius
vindicates Junius from the charge of im
as
piety
197-200
E T T E R LXXI.
Mr. Horne's concluding letter
200202
LET.
iv
C O N T E N T S.
ERLXXV.
L E T T E R LXXII.
Junius to the Duke of Grafton, on refuſing the King
the timber in his Majeſty's foreſt of Whittlebury ;
and inſiſting on the diſmiſſion of the Deputy Surveyor
General, though he had acted under the authority of
a Warrant from the Treaſury
L E T T E R LXXIII.
Junius to the Livery of London on the choice of a Lordi
Mayor
216--215
L E T 1 E R LXXIV.
Junius's conciliatory letter, recommending union to the
friends of the people. His refpeâful diſſent from
Lord Chatham's opinion in regard to the Colonies ;
and from Lord Camden's opinion of the diſpensing
power of the Crown. His own opinion in regard
to preffing ſeamen. Lord Mansfield's deſigns. Par
triotiſi periſhable in the individual, but fupported
by new births
215229
L E T
T
Philo Junius on Lord Camden's doctrine, in anſwer to
Scævola
229-233
L E T T E R LXXVI.
Philo Junius's reply to Zeno's defence of Lord Mans-
field
233.241
L E T T E R LXXVI.
Philo Jusius defends the opinion of Junius on the ne-
ceflity of preſſing feamen, in reply to an Advocate
in the Cauſe of the People
24 1243
L. Ε Τ Τ Ε R LXXVIII.
*A Friend to Junius, in reply to a Barriſter at Law's de-
fence of Lord Mansfield
243247
LET,
CO NTE NTS:
M
L E T T E R LXXIX.
Junius's declaration,
On the right of taxing the Colonies ;
On preſs-warrants;
On the game lacus
24 25 1
L E T T E R LXXX.
Junius arraigns Lord Mansfield for bailing Eyre contraiy
to law; and pledges himſelf before God and his
country to make good his charge againſt his Lordſhip
251-252
1 TI E R LXXXI.
Munius engages to make cond his charge before the
ineering of Parliament
25 2nite 253
L E T T E R LXXXII.
Junius to the Duke of Grafton on Sir Jaines Lowthet
and Colonel Luttrell
253 259
L E T T E R LXXXIII.
Junius to Lord Mansfield; containing his charge againſt
him for bailing Eyre contrary to law, with the law
authorities on which his opinion is founded 259294
LET T E R LXXXIV.
Junius to Lord Camden; gives his Lordſhip's fuppofed
reaſons for leaving undetermined Lord Mansfield's
opinions on the queſtion of libel; and configns Lord
Mansfield to his Lord thip on the queſtion of bailing
Eyre
2945297
* L E T T E R LXXXV.
'The Refolves of the Supporters of the Bill of Rights
297--299
LET
܀
CONTENTS
E RI
LXXXVI.
in this letter Junius canvaſſes
the River Bill of Rights againft granting
ſupplies without a rarels of grievances ; on a law
to fubject Candidates to an oath of not having uſed
bribery; on a full and equal repreſentation ; on an-
nual parliameness on a penfion and place bill; on
impeaching Miniſters relative to the Middleſex elec-
tion; on the conduct of Judges reſpecting Juries ; on
the expenditure of public money : on impriſoning
the Magiſtrates of London ; on the grievances of
Ireland, on Amcrican taxation
299 315
In the Author's OKUM edition THREE FOURTHS of
this laſt letter are omitted, but in this preſent edition
all the omiffions are refored to their proper places.
L E T T E R S
JU NI U S,
&c.
LETTER LI.
TO THE PRINTER OF THE PUBLIC AD.
* ÉRTISER
19 December 1769
WHEN
HEN the complaints of a brave and
powerful people are obſerved to en.
creaſe in proportion to the wrongs they have
ſuffered, when, Inftead of liking into füb
miſlion, they are rouſed to reſiſtance, the
time will ſoon arrive at which every inferior
conſideration muſt yield to the ſecurity of the
Sovereign, and to the general ſafety of the
itate. There is că moment of difficulty and
danger, at which flattery and falíhood can
no longer deceive, and fimplicity itſelf canı
no longer be miſled. Let us ſuppoſe it
arrived. Let us ſuppoſe a gracious, well-
intentioned prince, made fenfible at laſt of
the great duty he owes to his people, and of
his own diſgraceful ſituation; that he looks
round him for aſliſtance, and aſks for no
advice, but how to gratify the wiſhes, and
VOL. II.
B
ſecure
2
L E T TLRS
In
to your people.
fecure the happineſs of his ſubjects.
thefe circumſtances, it may be matter of
curious ſpeculation to conſider, if an honeſt
man were permitted to approach a King,
in what terms he would addreſs himſelf
to his Sovereign. Let it be imagined, no
matter how improbable, that the firſt preju-
dice againſt his character is removed, that
the ceremonious difficulties of an audience
are furmounted, that he feels himſelf ani-
mated by the pureſt and moſt honourable af-
fections to his King and country, and that
the great perſon, whom he addreſſes, has
fpirit enough to bid him fpeak freely, and
underſtanding enough to liſten to him with
attention. Unacquainted with the vain im-
pertinence of forms, he would deliver his
ſentiments with dignity and firmneſs, but
not without reſpect,
DS I R,
T is the misfortune of your life, and
originally the cauſe of every reproach
and diſtreſs, which has attended your govern-
ment, that you thould never have been ac-
quainted with the language of truth, until
It is not, however, too late to correct the
error of your education. We are ſtill inclined
to
JUNIUS & €
3
.
to make an indulgent allowance for the per-
nicious leſſons you received in your youth, and
"to form the moſt fanguine hopes from the
natural benevolence of your diſpoſition.
We are far from thinking you capable of a
direct, deliberate purpoſe to invade thoſe oris
inal rights of your fabjeéts; on which all
their civil and political liberties depend. Had
it been poñible for tis to entertain a ſuſpicion
fo dishonourable to your character, we thould
long ſince have adopted a kyle of remanftrance
very diftant from the humility of complaint.
The doctrine inculcated by our laws, That
the King can to ng wrong, is admitted without
reluétance. We feparate the aipiables good
natured prince from the folly sud treachery of
bis ſervants, and the private virtues of the
man from the vicer of his government. Were
it not for this jut distingion, I know not
whether youn Majetty's conditions or that of
the Eaghihi nation, wasaid:deferve mod to be
Jamented. I wodd prepare your mind for a
tavourable reception of truth, by removing
every painful offenſive idea of perſonal re:
proach. Yourlfubjedlo Siri wish for nothing
but that, as atkey are reaſonable and affection-
ate ervough to ſeparate your perfon from your
government, fo you, Yin your turng fhould
diſtinguiſh between the conduct, which box
comes the permanent dignity of a King, and
that which ferves only to proinote the item-
B
porary
L ETTERS OF
porary intereſt and miſerable ambition of a
minifter.
You aſcended the throne with a declared,
and, I doubt not, a fincere reſolution of giving
univerſal fatisfaétion to your ſubjects. You
found them pleaſed with the novelty of a
young prince, whoſe countenance promifed
even more than his words, and loyal to you
not only from principle but paſſion. It was
not a cold profeſſion of allegiance to the firſt
magiftrate, but a partial, animated attach-
ment to a favourite prince, the native of their
country. They did not wait to examine
your conduá, nor to be determined by ex-
perience, but gave you a generous credit for
the future bleſſings of your reign, and paid
you in advance the deareſt tribute of their
affe&tions. Such, Sir, was once the diſpo-
ſition of a people, who now ſurround your
throne with reproaches and complaints. Do
juſtice to yourfelf. Baniſh from your mind
thoſe unworthy opinions, with which fome in-
tereſted perſons have laboured to poflefs you.
Diitruſt the men, who tell you that the Engliſh
are naturally light and inconſtant ;--that they
complain without a cauſe. Withdraw your
confidence equally from all parties : from mi-
nifters, favourites, and relations; and let
there be one moment in your life, in which
you have conſulted your own underſtanding.
WHEN
JUNIUS, &c.
When you affectedly renounced the name
of Engliſhman, believe me, Sir, you were
perſuaded to pay a very ill-judged compli-
ment to one part of your ſubjects, at the ex-
pence of another. While the natives of Scot-
land are not in actual rebellion, they are un-
doubtedly intitled to protection; nor do I
inean to condemn the policy of giving ſome
encouragement to the novelty of their affec-
tions for the Houſe of Hanover, I am ready
to hope for every thing from their new-born
zeal, and froin the future steadineſs of their
allegiance. But hitherto they have no claim
to your favour. To honour them with a de
termined predilection and confidence, in ex-
cluſion of your Engliſh ſubjects, who placed
your family, and in ſpite of treachery and re-
bellion, have ſupported it upon the throne,
is a miſtake too groſs, even for the unſuf-
pe&ting generoſity of youth. In this error
we fee a capital violation of the moſt obvious
rules of policy and prudence. We trace it,
however, to an original bias in your educa-
tion, and are ready to allow for your inex-
perience
To the ſame early influence we attribute
it, that you have deſcended to take a ſhare
not only in the narrow views and intereſts of
particular perſons, but in the fatal malignity
of their paſſions. At your acceſſion to the
B 3
throne
6
throne, the whole ſyſtem of government was
altered, not from 'wiſdom or deliberation,
but becaufe it had been adopted by your pre
deceffor. A little përfonal motive of pique
and reientment was ſufficient to temove the
ableft fervants of the crown) *, but it is not
in this country, Sir, that fuch men can be
diſhonoured by the frowns of a King. They
were difmiffed, but could not be diſgraced.
Without entering into a minuter difcuffion
of the merits of the peace, we may obſerve,
in the imprudent hurry with which the firft
overtures from France were accepted, in the
condu&t of the negotiation, and terms of the
treaty, the ſtrongeſt marks of that precipitate
fpirit of concelliot, with which a certain part
of your ſubjects have been at all times ready
to purchaſe a peace with the natural enemies
of this country. On your part we are fatif-
fied that every thing was honourable and fin-
cere, and if England was fold to France, we
doubt not that your Majeſty was equally be-
trayed. The conditions of the peace were
matter of grief alid (arpriſe to your ſubjects,
but not the immediate cauſe of their prefent
diſcontent.
# Mr. Legge was difiniffed becauſe he had ſome years
before refuſed to yield his intereſt in Hampſhire to a
Scotchman, Sir Siineon Stuart, recommended by Lord
Bute. This was the reaſon publicly affigned by his
Lordſhip
HITHER
JUN LU 6, &e.
HITHERTO, Sir, you liad been facrificed
to the prejudices and paflions of others. With
what firmneſs will you bear the mention of
your own?
A MAN, not very honourably diſtinguiſh
ed in the world, commences a formal attack
upon your favourite, conſidering nothing,
but how he might beft expoſe his perſon and
principles to deteftation, and the national
character of his countrymen to contempt.
The natives of that country, Sir, are as much
diftinguiſhed by a peculiar character, as by
your Majesty's favour. Like another cho.
Sen people, they have been conducted into the
land of plenty, where they find themſelves
effectually marked, and divided from man
kind. There is hardly a period, at which the
molt irregular character inay not be redeem.
ed. The miſtakes of one ſex find a retreat in
patriotiſm; thote of the other in devotion.
Mr. Wilkes brought with him into politics
the ſame liberal ſentiments, by which his pri:
vate conduct had been directed, and feemed
to think, that, as there are few exceffes, in
which an English gentleman may not be
permitted to indulge, the ſame latitude was
allowed him in the choice of his * political
principles, and in the ſpirit of maintaining
them.I mean to ftate, not entirely to der
fend his condu&t. Ju the earneftneſs of his
B4
zeal,
8
L 2 T T E R S
zeal, he ſuffered ſome unwarrantable infinua-
tions to eſcape him. He ſaid more than mo-
derate men would juſtify; but not enougli
to entitle him to the honour of your Ma-
jeſty's perſonal reſentment.
The rays of
royal indignation, collected upon him, fer-
ved only to illuminate, and could not con-
fume. Animated by the favour of the peo-
ple on one ſide, and heated by perfecution on
the other, his views and ſentiments changed
with his ſituation. Hardly ſerious at firſt,
he is now an enthufiaft. The coldeſt bodies
warm with appofition, the hardeft ſparkle in
collifion. There is a holy miſtaken zeal in
politics as well as religion. By perſuading
others, we convince ourſelves. The paſſions
are engaged, and create a maternal affection
in the mind, which forces us to love the
caufe, for which we ſuffer.-Is this a con-
tention worthy of a King Are you not ſen
fible how much the meanneſs of the cauſe
gives an air of ridicule to the ſerious difficul-
ties into which you have been betrayed ?
The deſtruction of one man has been now,
for many years, the fole obje&t of your go-
vernment, and if there can be any thing ſtill
more diſgraceful, we have feen, for fuch an
object, the utmoſt influence of the executive
power, and every miniſterial artifice exerted
without ſucceſs. Nor can you ever ſucceed,
unleſs ke ſhould be imprudent enough to for-
feit
JUNIUS, &c.
4
feit the protection of thoſe laws, to which
you owe your crown, or unleſs your mini.
ſters ſhould perſuade you to make it a queſtion
of force alone, and try the whole ſtrength of
government in oppoſition to the people. The
leffons he has received from experience, will
probably guard him from fuch exceſs of fol-
ly, and in your Majeſty's virtues we find an
unqueſtionable affurance that no illegal vio.
lence will be attempted.
beige
contratto
FAR from fufpecting you of fo horrible a
defign, we would attribute the continued
violation of the laws, and even this laſt enor-
mous attack upon the vital principles of the
conftitution, to an ill-adviſed, unworthy,
perſonal refentment. From one falſe ttep you
have been betrayed into another, and as the
cauſe was unworthy of you, your miniſters
were determined that the prudence of the ex-
ecution ſhould correſpond with the wiſdom
and dignity of the deſign. They have re-
duced you to the neceflity of chooſing out of
a variety of difficulties to a ſituation ſo
unhappy, that you can neither do wrong
without rain, non right without affliction.
Theſe worthy fervants have undoubtedly giv-
on you many fingular proofs of their abili-
ties. Not contented with making Mr.
Wilkes a man of importance, they have ju.
diciouſly transferred the queſtion, from the
rights
B 5
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 caufe of an individual, sto unite
with hitn in their owni. Let' them proceed
as they have begun, and your Majeſty need
not doubt that the cataſtrophe will do no
difhonour to the conduct of the piece.
That
THE circumſtances to which you are re-
duced, will not admit of a compromiſe with
the English nation. Undecifive, qualifying
meaſures will difgrace your government still
more than open violence, and, without fatiſ-
fying the people, wil excite their contempt.
They have too much anderſtanding and ſpirit
to accept of an indirect fatisfaction for a din
re& injury. Nothing leſs than a repeal, as
formal as the refolution Itfelf, can heal the
wound, which has been given to the conſti-
tution, nor will'any thing lefs be accepted.
I can readily believe that there is an influence
ſufficient to recal that pernicions vote. The
houſe of commons
undoubtedly conſider their
duty to the crown as paramount to all other
obligations. To as they are only indebted
for an accidental exiſtence, and have
juſtly
transferred their gratitude from their parents
to their benefactors ;--from thoſe, who gave
them birth, to the miniſter, from whoſe be-
nevolence they derive the comforts and plea-
fures
JUNIUS, &c.
Tu
ſures of their political life;who has taken
the tendereft care of their infancy, and re-
lieves their neceflities without offending their
delicacy. But, if it were poſſible for their
integrity to be degraded to a condition fo vile
and abject, that, compared with it, the pre-
fent eſtimation they stand in is a ftate of ho-
nour and refpe&t, conſider, Sir, in what
inanner you will afterwards proceed. Can
you conceive that the people of this country
will long ſubmit to be governed by ſo flexible
a houſe of commons ! It is not in the nature
of human fociety, that any form of govern-
ment, in ſuch circumſtances, can long ibe
preſerved. In oars, the general contempt of
the people is as fatal as their deteftation.
Such, I am perfuaded, would be the neceffa-
ry effe&t of any baſe concefion made by the
preſent houſe of commons, and, as a quali-
fying meaſure would not be accepted, it reu
mains for you to decide whether you will, at
any hazard, ſupport a ſet of men, who have
reduced you to this unhappy dilemma, or
whether you will gratify the united wiſhes of
the whole people of England by diſſolving
the parliament
TAKING it for granted, as I do very fin-
eerely, that you have perſonally no defign
againſt the conftitution, nor any view incon-
fiftent with the good of your ſubjects, I think
B 6
you
22
LITTER
you cannot heſitate long upon the choice
which it equally concerns your intereft, and
your honour to adopt. On one ſide, you
hazard the affections of all your Engliſh ſub-
jects; you relinquiſh every hope of repoſe to
yourſelf, and you endanger the eſtabliſhment
of your family for ever.
All this you ven-
ture for no object whatſoever, for fuch an ob..
object, as it would be an affront to you to
name. Men of ſenſe will examine your con
duet with ſuſpicion; while thoſe who are in
capable of comprehending to what degree
they are injured, afflict you with clamours
equally infolent and unmeaning. Suppo-
ſing it poſſible that no fatal ſtruggle ſhould
enſue, you determine at once to be unhappy,
without the hope of a compenſation either
from intereſt or ambition. If an Engliſh
King be hated or deſpiſed, he muſt be un
happy; and this perhaps is the only politi
cal truth, which he ought to be convinced of
without experiment. But if the Engliſh
people ſhould no longer confine their reſent
ment to a fubmiflive reprefentation of their
wrongs , if, following the glorious example
of their anceſtors, they thould no longer ap-
peal to the creature of the conſtitution, but
to that high Being, who gave them the rights
of humanity, whoſe gifts it were ſacrilege to
furrender, let me aſk you, Sir, upon what
part
JUNIOs, &ca
13
part of your ſubjects would you rely for afa
fiftance 37
THE people of Ireland have been uniform-
ly plundered and oppreſſed. In: return, they
give you every day freth marks of their re
fentment. They deſpiſe the miſerable
go-
vernor you have fent them*, becauſe he is
the creature of Lord Butey, nor is it from
any
natural confuſion in their ideas, that they are
ko ready to confound the original of a king
with the diſgraceful repreſentation of him,
The diſtance of the Colonies would make
it impoſſible for them to take an active con.
cern in your affairs, if they were as well af-
fected to your government as they once pre-
tended to be to your perſon. They were
ready enough to diſtinguish between you and
your minifters. They complained of an act
of the legiſlature, but traced the origin of it
no higher than to the ſervants of the crown:
They pleaſed themſelves with the hope that
their Sovereign, if not favourable to their
caufe, at leaſt was impartial. The decifive,
perſonal part you took againſt them,+ has ef-
fectually
VISCOUNT TOWNSHEND,
† In the king's ſpeech of 8 November, 1768, ir
was declared " That the ſpirit of faction had broken
out a-freih in ſome of the colonies, and, in one of
" them
L E T T E R S
fectually banished that fint diſtinction from
their minds. They conſider you as united
with your ſervants against America, and
know how to diftinguish the Sovereign and a
venal parliament on one fide from the real
ſentiments of the Engliſh people on the othe
Looking forward to independence, they
might poſſibly receive you for their King;
but, if ever you retire to America, be af
[ured they will give yon ſuch a covenant to
digeſt, as the prefbytery of Scotland would
have been aſhamed to offer to Charles the
ſecond. They left their native land in ſearch
of freedom, and found it in a defart. Divided
as they are into a thouſand forms of policy
and religion, there is one point in which
they all agree they equally deteft the par
geantry of a King, and the ſupercilious buy.
pocrify of a bifhop./
T
It is not then from the alienated affections
of Ireland or America, that you can reaſon.
ably look for aſſiſtance ; ftill leſs from the
people of England, who are actually contend-
them, proceeded to acts of violence and refiftance to
"the execution of the laws that Boſton was in a
« ſtate of diſobedience to all law and government, and
" had proceeded to.meaſures,fubve five of the conſtitu-
« tion, and attended with circumſtances that manifeſted
* a diſpoſition to throw off their dependance' on Great
& Britain."
ing
J'UN PUS, &c.
ing for their rights, and in this great quef=
tion, are parties againit you. You are not
however, deftitute of every appearance of
fupport: You have all the Jacobites, Non-
jurors, Roman Catholies, and Tories of this
country, and all Scotland without exception.
Confidering from what family you are de-
fcended, the choice of your friends has been
fingularly directed; and truly, Sir, if you
had not loſt the whig interest of England, I
fhould admire your dexterity in turning the
hearts of your enemies. Is it pollible for you
to place any confidence in men, who, before
they are faithful to you, snuft renounce eve-
ry opinion, and betray.every principle, both
in church and ſtate, which clrcy inherit from
their anceſtors, and are confirmed in by their
education? whofe numbers are fo inconfider-
able, that they have long since been obliged
to give up the principles and language which
diftinguish them as a party, and to fight un.
der the banners of their chemies? Their zeal
begins with hypocrify, and muft conclude in
treachery. At first they deceive; 'at laſt they
betraya
As to the Scotch, I maft fuppofe your heart
and underſtanding ſo bialicd, from your ear.
Fieft infancy, in their favour, that nothing
leſs than your own misfortunes can undeceive
you. You will not accept of the uniform
expe-
LETTER
L ETTERS OF
experience of your anceſtors ; and when
once a man is determined to believe, the
very abſurdity of the doctrine confirms him
in his faith. A bigoted 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-
alty in former rebellions. Appearances are
however in their favour; fo. ftrongly indeed,
that one would think they had forgotten
that you are their lawful King, and had miſ-
taken you for a pretender to the crown.
Let it be admitted thicae that the Scotch are
as fincere in their preſent profeſſions, as if you
were in reality not an Engliſhman, but a
Briton of the North, you would not be
the firſt prince of their native country,
againſt whom they have rebelled, nor tho
firtự whom they have barely betrayed. Have
you forgotten, Sir; or has your favourite
concealed from you that part of our hiftory,
when the unhappy Charles, (and he too had
private virtues) fled from the open, avowed
indignation of his Engliſh ſubjects, and fur-
rendered himſelf at difcretion to the good
faith of his own countrymen.
Without
looking for ſupport in their affections as:
fubjects, he applied only to their honour
as gentlemen, for protection, They receiv-
ed him as they would your Majeſty, with
bows, and frniles, and falfhood, and kept
him
JUNIUS, &c.
im
hiin until they had fettled their bargain
with the Engliſh parliament; then baſely
fold 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 leffons of equal utility to himſelf. On
one fide he might learn to dread the undiſ-
guifed reſentment of a generous people, who
dare openly affert their rights, and who, in
a juſt cauſe are ready to meet their Sovereign
in the field. On the other ſide, he would
be taught to apprehend ſomething far more
formidable ;-2 fawning treachery, againſt
which no prudence can guard, no courage
can defend. The inſidious ſmile upon the
cheek would warn him of the canker in the
heart.
FROM the uſes, to which one part of the
army has been too frequently applied, you
have ſome reaſon to expect, that there are no
fervices they would refuſe. Here too we
trace the partiality of your underſtanding,
You take the ſenſe of the army from the con-
duct of the guards, with the ſame juſtice
with which you colleet the ſenſe of the peo-
ple from the repreſentations of the miniſtry.
Your marching regiments, Sir, will not make
the guards their example either as foldiers or
ſub
IS
LETTERS OF
fubjects. They feel and reſent, as they
ought to do, that invariable, undiſtinguiſh-
ing favour with which the guards are treated ; ||
while thoſe gallant troops, by wlrom every
hazardous, every laborious ſervice is per-
formed, are left to periih in garriſons abroad,
or pine in quarters at home, neglected and
forgotten. If they had no ſenſe of the great
original daty they owe their country, their
reſentment would operate like patriotiſm,
and leave your caufe to be defended by thofe,
to whom you have laviſhed the rewards and
honours of their profeffion. The Prætorian
Bands, enervated and debauched as they were,
had ftill ſtrength enough to awe the Roman
populace : but when the diftant legions took
the alarm, they mardied to Rome, and gave
away the empire.
::
On this fide then, which ever way you turn
your eyes, you fee nothing but perplexity
and diſtreſs. You inay determine to fupport
the very miniſtry who have reduced your af-
fairs to this deplorable fituation: you may
ſhelter yourſelf under the forms of a parlia-
ment, and let your people at defiance.
# THE officers in tho guards are to thoſe in the
marching regimeuts as one to cleven. The regiments
given to the officers of the guards, when compared to
thoſe given to the line, are as three
to one. The partiali-
ty, therefore, to the guards, is, as thirty-three to one.
But
JUNIUS, &c.
Ig
anceſtors, that
But be aſſured, Sir, that ſuch a refolution
would be as imprudent as it would be odious.
If it did not immediately thake your eſtabliſh
ment, it would rob you of your peace of mind
for ever
On the other, how different is the prof-
pect! How eaſy, how fafe and honourable is
the path before you! The Englih nation
declare they are grolly injured by their re-
preſentatives, and folicit your Majeſty to
exert your lawful prerogative, and give them
an opportunity of recalling a truſt, which, they
find, has been fcandalouſly abuſed. You are
not to be told that the power of the houſe of
commons is not original, but delegated to them
for the welfare of the people, from whom
they received it. A queſtion of right arifes
between the conſtituent and the repreſenta-
tive body. By what authority ſhall it be
decided ? Will your Majeſty interfere in a
queſtion in which you have properly no im-
snediate concern. It would be a ftep equally
odious and unneceſſary Shall the lords be
called upon to determine the rights and pri-
vileges of the commons ? --They cannot de
it without a flagrant breach of the conftitu-
tion. Or will you refer it to the judges -
the law of parliament is above them. What
party then remains, but to leave it to the peo-
pla
LETTERS OF
ple to determine for themſelves? They alone
are injured ; and fince there is no ſuperior
power, to which the cauſe can be referred,
they alone ought to determine.
I do not mean to perplex you with a tedious
argument upon a ſubject already fo difcuffed,
that inſpiration could hardly throw a new
light upon it. There are, however, two
points of view, in which it particularly im-
ports your Majeſty to confider the late pro-
ceedings of the houſe of commons. By de-
priving a ſubject of his birthright, they have
attributed to their own vote an authority equal
to an act of the whole legiſlature; and, tho?
perhaps not with the fame motives, have
friąly followed the example of the long
parliament, which firſt declared the regal
office ufeleſs, and foon after with as little ce-
remony, diſſolved the houfe of lords. The
fame pretended power, which
robs an Eng-
liſh ſubject of his birth-right, may rob an
Engliſh King of his crown. In another
view, the refolution of the houſe of commons,
apparently not fo dangerous to your Majeſty,
is ſtill more alarming to your people. Not
contented with diveſting one many of his right,
they have arbitrarily conveyed that right to
another. They have ſet aſide a return as il-
legal, without daring to cenſure thoſe offi-
cers, who were particularly apprized of Mr.
Wilkes's
JUNIUS, &c.
Wilkes's incapacity, not only by the declara-
tion of the houſe, but expreſsly by the writ
directed to them, and, who nevertheleſs
returned him as duly elected. They have re-
jected the majority of votes, the only criterion
by which our laws judge of the ſenſe of the
people ; they have transferred the right of
election from the collective to the repreſenta-
tive body; and by theſe acts, taken ſeparate
ly or together, they have eſſentially altered
the original conſtitution of the houſe of com-
inons. Verfed, as your Majeſty undoubt-
edly is, in the Englih hiftory, it cannot eaſi-
ly eſcape you, how much it is your intereft,
as well as your duty to prevent one of the
three eſtates from encroaching upon the pro-
vince of the other two, or affuming the au-
thority of them all. Where once they have
departed from the great conſtitutional line,
by which all their proceedings ſhould be di-
reeted, who will anſwer for their future mo-
deration Or what affurance will they give
you, that, when they have trampled upon
their equals, they will ſubmit to a ſuperior?
Your Majeſty may learn hereafter, how nearly
the ſlave and tyrant are allied.
Some of your council, more candid than
the reft, admit the abandoned profligacy of
the preſent houſe of coinmons, but oppofe
their diſſolution upon an opinion, I confeſs
nor
LETTERS OF
not very unwarrantable, that their fucceffors
would be equally at the diſpofal of the
treaſury. I cannot perfuade myſelf that the
nation will have profited fo little by experi-
ence. But if that opinion were well found-
ed, you might then gratify our wiſhes at
an eaſy rate, and appeaſe the preſent çlamour
againſt your government, without offering
any material injury to the favourite cauſe of
corruption.
totoddymarines
You have ftill an honourable part to ack.
The affe&tions of your fubje&ts. inay ſtill be
recovered. But before you fubdue their hearts,
you inuit gain a noble victory over your own.
Diſcard thoſe little sperſonal reſentments,
which have too long directed your public
condu& Pardon this mat the remainder of
his puniſhment, and if refentment ſtill pre
vails, make it, what it ſhould have been long
fince, an a&, not of mercy, but contempt.
He will ſoon fall back into his natural ftation,
La filent fenator, and hardly ſupporting the
weekly eloquence of a news paper. The
gentle breath of peace would leave him
on
the ſurface, neglected and unrémoved. It
is only the tempeſt, that lifts him from his
place. Soon as som den
* The abilities of Mr. Wilkes are here ſtated with
Brią juſtice, solo decidohet se
WITHOUT
JUNIUS, &c.
23
WITHOUT conſulting your minifter, call
together your whole council. Let it appear
to the public that you can determine and act
for yourſelf. Come forward to your peo
ple. Lay afide the wretched formalities of
King, and ſpeak to your fabjects with the
ſpirit of a man, and in the language of a
gentleman. Tell them you have been fatally
deceived. The acknowledgment will be no
diſgrace, but rather an honour to your under
ftanding. Tell them you are determined to
remove every cauſe of complaint againſt your
government; that you will give your confi-
dence to no man, who does not poſſeſs the
confidence of your ſubjects and leave it to
themſelves to determine, by their conduct at
a future election, whether or no it be in re-
ality the general ſenſe of the nation, that
their rights have been arbitrarily invaded by
the preſent houſe of commons, and the con-
Ititution betrayed. They will then do juſtice
to their repreſentatives and to themſelves.
These ſentiments, Sir, and the ſtile they
are conveyed in, may be offenfive, perhaps,
becauſe they are new to you. Accuftomed
to the language of courtiers, you meaſure their
affe&tions by the vehemence of their expreſy
fions ; and, when they only praiſe you indi,
rectly, you admire their fincerity. But this
is not a time to trifle with your fortune.
They
24
LETTERS OF
They deceive you, Sir, who tell you that
you have many friends, whoſe affections are
founded upon a principal of perſonal attach-
ment. The firſt foundation of friendſhip is
not the power of conferring benefits, but
the equality with which they are received,
and may be returned. The fortune, which
made you a King, forbad you to have a
friend. It is a law of nature which cannot
be violated with impunity. The miſtaken
prince, who looks for friendſhip, will find a
favourite, and in that favourite the ruin of
his affairs,
** The people of England are loyal to the
houſe of Hanover, not froin a vain preference
of one family to another, but from a convic*
tion that the eſtabliſhment of that family
was neceffary to the ſupport of their civil
and religious liberties. This, Siry is a
principle of allegiance equally folid and ra*
tional;--fit for Engliſhmen to adopt, and well
worthy of your Majeſty's encouragement.
We cannot long be deluded by nominal dif-
tin&tions. The name of Stuart, of itfelf,
is only contemptible;-armed with the So-
vereign authority, their principles are for-
midable. The Prince, who imitates their
conduct, ſhould be warned by their example ;
and while he plumes himſelf upon the ſecu-
rity of his title to the crown, ſhould remem-
ber
JUNIUS, &c.
ber that, as it was acquired by one revolu-
tion, it may be lost by another.
SUNIUS
L E T T ER
TO HIS GRACE THE DUKE OF GRAFTON.
MY LORD,
14 Feb. 1770.
IFT
F I were perſonally your enemy, I might pi-
ty and forgive you. You have every claim
to conipaffion, that can ariſe from mifery and
diſtreſs. The condition you are reduced to
would difarm a private enemy of his refent-
ment, and leave no confolation to the moſt
vindi&tive fpirit, but that ſuch an object, as
you are, would diſgrace the dignity of re-
venge. But in the relation you have borne
to this country, you have no title to indul-
gence; and if I had followed the di&tates of
my own opinion, I never ſhould have allow-
ed you the reſpit of a moment. In your pub-
lic character, you have injured every ſub-
ject of the empire ; and though an individual
is not authoriſed to forgive the injuries done to
ſociety, he is called upon to aſſert his feparate
ſhare in the public reſentment. I ſubmitted
however to the judgment of men, more mo-
derate, perhaps more candid than myſelf.
Vol. II.
C
For
26
OF
LETTERS
For my own part, I do not pretend to un-
derſtand thoſe prudent forms of decorum,
thoſe gentle rules of diſcretion, which fome
men endeavour to unite with the conduct of
the greateſt and moſt hazardous affairs. En-
gaged in the defence of an honourable cauſe,
I would take a deciſive part.--I ſhould ſcorn
to provide for a future retreat, or to keep
terms with a man, who preſerves no mea-
fures with the public. Neither the abject
ſubmiffion of deſerting his poſt in the hour
of danger, nor even the * ſacred ſhield of cow-
ardice ſhould protect him. I would purſue
him through life, and try the laſt exertion of
my abilities to preſerve the periſhable infamy
of his name, and make it immortal.
WHAT then, my Lord, is this the event
of all the ſacrifices you have made to Lord
Bute's patronage, and to your own unfortu-
nate ambition? Was it for this you aban-
doned your earlieſt friendſhips,--the warmeſt
connexions of your youth, and all thoſe ho-
nourable engagements, by which you once
ſolicited, and might have acquired the eſteem
of your country? Have you ſecured no re-
componce for ſuch a waſte of honour.
Unhappy man! what party will receive the
Sacro tremuere timore. Every coward pre-
tends to be planet-ftruck,
com-
JUNIUS, &c.
27
common deſerter of all parties? Without a
client to flatter, without a friend to conſole
you, and with only one companion from the
honeſt houſe of Bloomſbury, you muſt now
retire into a dreadful ſolitude. At the moſt
active period of life, you muſt quit the buſy
ſcene, and conceal yourſelf from the world,
if you would hope to ſave the wretched re-
mains of a ruined reputation. The vices
operate like age,-bring 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 obſtinacy ſo long boaſted of by
your friends, and acknowledged by your
enemies? We were taught to expect, that
you would not leave the ruin of this country
to be compleated by other hands, but were
determined either to gain a deciſive victory over
the conſtitution, or to periſh bravely at leaſt
behind the laſt dike of the prerogative. You
knew the danger, and might have been pro-
vided for it. You took ſufficient time to pre-
pare for a meeting with your parliament, to
confirm the mercenary fidelity of your de-
pendants, and to ſuggeſt to your Sovereign
a language ſuited to his dignity at leaſt, if
not to his benevolence and wiſdom. Yet,
C 2
while
LE TTERS OF
while the whole kingdom was agitated with
anxious expectation upon one great point,
you meanly evaded the queſtion, and, inſtead
of the explicit firmneſs and deciſion of a
King, gave us nothing but the miſery of a
ruined * grazier, and the whining piety of a
Methodiſt. We had reaſon to expect, that
notice would have been taken of the petitions
which the king has received from the Eng-
liſh nation; and although I can conceive
fome perſonal motives for not yielding to
them, I can find none, in common prudence
or decency, for treating them with contempt.
Be aſſured, my Lord, the Engliſh people will
not tamely ſubmit to this unworthy treat-
ment;---they had a right to be heard, and
their petitions, if not granted, deſerved to be
conſidered. Whatever be the real views and
do&trine of a court, the Sovereign ſhould be
taught to preſerve ſome forms of attention to
his ſubjects, and if he will not redreſs their
grievances, not to make them a topic of jeſt
and mockery among lords and ladies of the
bedchamber. Injuries may be atoned for and
forgiven ; but inſults admit of no compenſa-
tion. They degrade the mind in its own
* The mention of the horned cattle gave riſe to ma-
ny witticiſms, chiefly founded on the numerous divorces
among the nobility at that time.
eſteem,
JUNIUS, &c.
29
eſteem, and force it to recover its level by re-
venge. This neglect of the petitions was
however a part of your original plan of go-
vernment, nor will any conſequences it has
produced, account for your deſerting your
Sovereign, in the midſt of that diſtreſs, in
which you and your + new friends had in-
volved him. One would think, my Lord,
you might have taken this fpirited reſolution
before you had diffolved the laſt of thoſe ear-
ly connexions, which once, even in your
own opinion, did honour to your youth ;--
before you had obliged Lord Granby to quit
a ſervice he was attached to s----before you
had diſcarded one chancellor, and killed ano-
ther. To what an abject condition have you
laboured to reduce the beſt of princes, when
the unhappy man, who yields at laſt to
ſuch perſonal inftance and folicitation, as ne-
ver can be fairly employed againſt a fubje&t,
feels himſelf degraded by his compliance, and
is unable to ſurvive the diſgraceful honours
which his gracious Sovereign had compelled
him co accept. He was a man of ſpirit, for
he had a quick ſenſe of ſhame, and death
has redeemed his character. I know
your
Grace too well to appeal to your feelings
upon this event; but there is another heart,
not yet, I hope, quite callous to the touch
+ THE Bedford party.
C 3
of
30
X ET TERS
of humanity, to which it ought to be a dread-
ful leſſon for ever. *
Now, my Lord, let us confider the fitu-
ation to which you have conducted, and in
which you have thought it adviſeable to aban-
don your royal maſter. Whenever the people
have complained, and nothing better could
be ſaid in defence of the meaſures of govern-
ment, it has been the faſhion to anſwer us,
though not very fairly, wlth an appeal to the
private virtues of your Sovereign. 56 Has he
"not, to relieve the people, ſurrendered a
conſiderable part of his revenue ?-Has he
* On Wedneſday, January 27th, 1770, Lord Chan-
cellor Camden reſigned the feals. He waited on his
Majeſty at the Queen's Palace, at ſeven in the evening,
and delivered them into the king's own hands. The
Hon. Charles Yorke was ſent for, and after the warmeſt
folicitation, accepted the ſeals. On his way home he
called at Lord Rockingham's, where he found a meet.
ing of the oppoſition. He candidly told them what had
happened. They all upbraided him in the bittereſt lan-
guage, for obeying his Sovereign, by accepting a place
in Adminiſtration. The Chancellor inſtantly left them
and went home. His mind was ſo harraſſed with the ſea
verity of their reproaches, that he could no longer exift.
His dangerous ſituation was announced that very even-
ing. He expired on Saturday the 20th of January. He
was not like ſome other characters; he accepted
the ſeals
without any reverfionary conditions whatever. England
loft in Mr. Yorke one of the beſt and grcateſt men of the
preſent age.
not
J UNIUS, &c.
31
* not made the judges independent, by fixa
ing them in their places for life!"-My
Lord, we acknowledge the gracious prin-
ciple, which gave birth to theſe conceffions,
and have nothing to regret, but that it has
never been adhered to. At the end of ſeven
years, we are loaded with a debt of above five
hundred thouſand pounds upon che civil liſta
and we now ſee the Chancellor of Great Bri-
tain tyrannically forced out of his office, not
for want of abilities, not for want of integri-
ty, or of attention to his duty, but for deli-
vering his honeſt opinion in parliament, upon
the greateſt conſtitutional queſtion, that has
ariſen ſince the revolution. We care not to
whoſe private virtues you appeal; the theo-
ry of ſuch a government is falſehood and
mockery --the practice is oppreſſion. You
have laboured then (though I confeſs to no
purpoſe) to rob your maſter of the only plau-
fible anſwer, that ever was given in defence
of his government -of the opinion, which
the people had conceived of his perſonal ho-
nour and integrity.--The Duke of Bedford
was more moderate than your Grace. He
only forced his maſter to violate a folemn
promiſe made to an * individual. But you,
my Lord, have ſucceſsfully extended your
† MR. STUART MACKENZIE, brother to Lord
Bute.
advice
32
BETTERS OF
advice to every political, every moral enre
gagement, that could bind either the magi-
Itrate or the man The condition of a
King is often miſerable, but it required your
Grace's abilities to make it contemptible.---
You will ſay perhaps that the faithful fer-
vants, in whoſe hands you have left him,
are able to retrieve his honour, and to ſup-
port his government.
You have publicly
declared, even fince your reſignation, that
you approved of their meaſures, and admired
their conduct,-particularly that of the Earl
of Sandwich. What a pity it is, that, with
all this appearance, you ſhould think it ne-
ceſſary to ſeparate yourfelf from fuch amiable
companions. You forget, my Lord, that
while you are laviſh in the praiſe of nien
whom you defert, you are publicly oppoſing
your conduct to your opinions, and depriv-
ing yourſelf of the only plauſible pretence
you had for leaving your Sovereign over-
whelmed with diſtreſs; I call it plauſible,
for, in truth, there is no reaſon whatſoever,
leſs than the frowns of your maſter, that
could juſtify a man of ſpirit for abandoning
his poft at a moment fo critical and impor-
tant? It is in vain to evade the queſtion. If
you will not ſpeak out, the public have a
right to judge from appearances. We are
authorifed to conclude, that you either dif-
fered from your colleagues, whoſe meafures
you
JUNIUS33
,
, &c.
you ſtill affect to defend, or that you thought
the adminiſtration of the King's affairs no
longer tenable. You are at liberty to chooſe
between the hypocrite and the coward. Your
beſt friends are in doubt which way they ſhall
incline. Your country unites the characters,
and gives you credit for them both. For my
own part, I ſee nothing inconſiſtent in your
conduct.. You began with betraying the
people, you conclude with betraying the
King,
In your treatment of particular perſons,
you have preſerved the uniformity of your
character. Even Mr. Bradſhaw declares, ,
that no man was ever fo ill uſed as himſelf.
As to the proviſion you have made for his
family*, he was intitled to it by the houſe he
lives in. The fucceffor of one Chancellor
might well pretend to be the rival of ano-
* FIFTEEN hundred a year for his life and thoſe of
his fons, on the ti per cent.
Mr. Bradſhaw was at
firſt Clerk to a Contra&tor, and afterwards had a ſmall
place in the War Office. The Duke of Grafton made
him Secretary to the Treaſury. On this appointment, he
took the houſe in Lincoln's Inn Fields, which Lord Nor-
thington had lived in when Chancellor. Sir Edward
Hawke, who ſaved the nation, had only two thoufand
pounds a year on the Iriſh eſtabliſhment; he drew leſs
from this penſion, than Mr. Bradſhaw from hís. Lord
Camden when he refigned the Chancellorſhip, had a pen-
fion hardly equivalent to Mr. Bradſhaw's.
ther,
C 5
34
LETTERS
Ꭴ F
1
ther. It is the breach of private friendſhip
which touches Mr. Bradſhaw; and to fay
the truth, when a man of his rank and abili-
ties had taken fo a&tive a part in your affairs,
he ought not to have been let down at laſt with
a miſerable penfion of fifteen hundred pounds
a year. Colonel Luttrell, Mr. Onſlow, and
Governor Burgoyne, were equally engaged
with you, and have rather more reaſon to
complain than Mr. Bradſhaw.
Theſe are
men, my Lord, whoſe friendſhip you ſhould
have adhered to on the ſame principle, on
which you deferted Lord Rockingham, Lord
Chatham, Lord Camden, and the Duke of
Portland. We can eaſily account for your
violating your engagements with men of ho-
nour, but why ſhould you betray your na-
tural connexions? Why ſeparate yourſelf
from Lord Sandwich, Lord Gower, and Mr.
Rigby, or leave the three worthy gentlemen
above-mentioned to ſhift for themſelves?
With all the faſhionable indulgence of the
times, this country does not abound in cha-
racters like theirs; and you may find it a dif-
ficult matter to recruit the black catalogue of
your friends.
The recollection of the royal patent you
ſold to Mr. Hine, obliges me to fay a word
in defence of a man whom you have taken
the moſt difhonourable means to injure. I
do
JUNIUS, &c.
35
do not refer to the ſham profecution which
you affected to carry on againſt him. On,
that ground, I doubt not he is prepared to
meet you with tenfold recrimination, and fet
you at defiance. The injury you had done
him affects his moral character. You knew
that the offer to purchaſe the reverfion of a
place, which has heretofore been fold under a
decree of the Court of Chancery, however im-
prudent in his ſituation, would no way tend
to cover him with that fort of guilt which
you wiſhed to fix upon him in the eyes of
the world. You laboured then, by every
Species of falſe ſuggeſtion, and even by pub
kiſhing counterfeit letters, to have it under
ſtood that he had propoſed terms of accom-
modation to you, and had offered to abandon
his principles, his party, and his friends.
You conſulted your own breaſt for a cha-
racter of conſummate treachery, and gave it
the public for that of Mr. Vaughan. I
think myfelf obliged to do this juſtice to an
injured man, becauſe I was deceived by the
appearances thrown out by your Grace, and
have frequently ſpoken of his conduct with
indignation. If he really be, what I think
him, honeſt, though miſtaken, he will be
happy in recovering his reputation, though
at the expence of his underſtanding. Here,
I ſee, the matter is likely to reſt. Your
Grace is afraid to carry on the proſecution.
Mr.
Ç6
36
LETTERS OF
Mr. Hine keeps quiet poffeffion of his pur-
chaſe ; and Governor Burgoyne, relieved
from the apprehenſion of refunding the mo-
ney, fits down, for the remainder of his life,
INFAMOUS AND CONTENTED*. 1 o.
e bente
I BELIEVE, my Lord, I may now take my
leave of you for ever. You are no longer
that reſolute miniſter, who had fpirit to fup-
port the moſt violent meaſures ; who com-
penfated for the want of good and great
qualities, by a brave determination, (which
fome people admired and relied on) to main-
tain himſelf without them. The reputation
of obſtinacy and perſeverance might have
fupplied the place of all the abſent virtues.
You have now added the last negative to
your character, and meanly confeffed that
you are deſtitute of the common ſpirit of a
man. Retire then, my Lord, and hide your
bluſhes from the world; for, with ſuch as
load of ſhame, even BLACK may change its
colour. A mind ſuch as yours, in the foli-
tary hours of domeſtic enjoyment, may ſtill
find topics of confolation. You may find it
in the memory of violated friendſhip; in the
affli&ions of an accompliſhed prince, whom
* GENERAL BURGOYNE did not however fit down
contented for the remainder of his life. Saratoga will
keep alive his name, and the national diſgrace.
you
JUNIU'S, &c.
3*
you have difgraced and deferted, and in the
agitations of a great country, driven, by your
councils, to the brink of deſtruction,
The palm of miniſterial firmneſs is now
transferred to Lord North. He tells us fo.
himſelf, with the plenitude of the ore rotun-.
do ; and I am ready enough to believe, that,
while he can keep his place, he will not ea-
fily be perſuaded to reſign it.* Your Grace
was the firm miniſter of yeſterday : Lord:
North is the firm miniſter of to-day. To-
morrow, perhaps, his Majeſty, in his wir
dom, may give us a rival for you both. You
are too well acquainted with the temper of
your late allies, to think it poſſible that Lord
North ſhould be permitted to govern this
eountry. If we may believe common fame,
they have ſhewn him their fuperiority al-
ready. His Majeſty is indeed too gracious to
infult his ſubjects, by chuſing his firſt mini-
fter from among the domeſtics of the Duke
of Bedford. That would have been too 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
* His Lordſhip remained Prime Miniſter till March
1782.
im.
LET TERS OF
immediately appearing to govern, they poſ-
ſeſs the power, and diſtribute the emoluments
of government as they think proper. They
ſtill adhere to the ſpirit of that calculation,
which made Mr. Luttrell repreſentative of
Middleſex. Far from regretting your retreat,
they aſſure us very gravely, that it increaſes
the real ſtrength of the miniſtry. According
to this way of reaſoning, they will probably
grow ſtronger, and more flouriſhing, every
hour they exiſt : for I think there is hardly
a day paſſes in which ſome one or other of his
Majeſty's ſervants does not leave them to im.
prove by the loſs of his affiftance. But,
alas ! their countenances ſpeak a different
language. When the members drop off, the
main body cannot be inſenſible of its ap-
proaching diffolution. Even the violence of
their proceedings is a fignal of deſpair. Like
broken tenants, who have had warning to
quit the premiſes, they curſe their landlord,
deſtroy the fixtures, throw every thing into
confufion, and care not what miſchief they
do to the eſtate.
JUNIUS.
LETTER
JUNIUS, &c.
39
L E T T E R LIII.
TO THE PRINTER OF THE PUBLIC AD
VERTISER
SIR,
19 March, 1770.
BELIEVE there is no man, however in-
different about the intereſts of this coun-
try, who will not readily confeſs that the
htuation, to which we are now reduced,
whether it has ariſen from the violence of
faction, or from an arbitrary fyftem of go-
vernment, juftifies the moſt melancholy ap-
prehenfions, and calls for the exertion of
whatever wiſdom or vigour is left among us.
The King's anſwer to the remonftrance of
the city of London, and the meaſures fince
adopted by the miniftry, amount to a plain
declaration, that the principle, on which
Mr. Luttrell was feated in the houſe of com-
mons, is to be fupported in all its conſe
quences, and carried to its utmost extent,
The famne ſpirit, which violated the freedom
of election, now invades the declaration and
bill of rights, and threatens to puniſh the ſub-
ject for exerciſing a privilege, hitherto un-
diſputed, of petitioning the crown. The
grievances of the people are aggravated by
in.
LETTERS OF
infults ; their complaints not merely difrea
garded, but checked by authority; and every
one of thoſe acts, againſt which they remonſ-
trated, confirmed by the King's deciſive-ap-
probation. At ſuch a moment, no honeft
man will remain ſilent or inactive. How-
ever diſtinguished by rank or property, in the
rights of freedom we are all equal. As we
are Engliſhmen, the leaſt conſiderable man
among us has an intereft equal to the proud-
eft nobleman, in the laws and conftitution of
his country, and is equally called upon to
make a generous contribution in ſupport of
them ;-whether it be the heart to conceive,
the underſtanding to direct, or the hand to
execute. It is a common cauſe, in w
which
we are all intereſted, in which we ſhould all
be engaged. The man who deferts it at this
alarming criſis, is an enemy to his country,
and, what. I think of infinitely leſs im-
portance, a traitor to his Sovereign. The
ſubject, who is truly loyal to the chief ma-
giftrate, will neither adviſe nor ſubmit to ar,
bitrary meaſures. The city of London have
given an example, which, I doubt not, will
be followed by the whole kingdom. The
noble fpirit of the metropolis is the life-
blood of the ſtate, collected at the heart :
from that point it circulates, with health and
vigour, through every artery of the conſtitu-
tion. The time is come, when the body of
the
JUNIUS, &c.
41
the Engliſh people muft affert their own
cauſe : conſcious of their ſtrength, and ani-
mated by a ſenſe of their duty, they will not
furrender their birthright to minifters, parli-
aments, or kings.
The city of London have expreſſed their
fentiments with freedom and firmneſs ; they
have ſpoken truth boldly; and, in whatever
light their remonſtrance may be repreſented
by courtiers, I defy the moſt ſubtle lawyer
in this country to point out a ſingle inſtance,
in which they have exceeded the truth. Even
that affertion, which we are told is moſt of.
fenfive to parliament, in the theory of the
Engliſh conſtitution, is ftri&tly true. If any
part of the repreſentative body be not choſen
by the people, that part vitiates and corrupts
the whole. If there be a defeat in the re-
preſentation of the people, that power, which
alone is equal to the making of the laws in
this country, is not complete, and the acts
of parliament under that circumſtance, are
not the acts of a pure and entire legiſlature.
I ſpeak of the theory of our conſtitution; and
whatever difficulties or inconvéniencies may
attend the practice, I am ready to maintain,
that, as far as the fa&t deviates from the prin-
ciple, ſo far the practice is yicious and corrupt.
I have not heard a queſtion raiſed upon any
other part of the remonftrauce. That the
prin.
42
L E T T E R S
principle, on which the Middleſex election
was determined, is more pernicious in its ef-
fects, than either the levying of thip-money,
by Charles the Firſt, or the fuſpending power
aſſumed by his ſon, will hardly be diſputed
by any man who underſtands or wiſhes well
to the Engliſh conſtitution. It is not an act
of open violence done by the King, or any
direct or palpable breach of the laws attempt-
ed by his ininifter, that can ever endanger
the liberties of this country. Againſt ſuch a
King or minifter the people would immedi-
ately take the alarm, and all the partics unite
to oppoſe him. The laws may be groſsly
violated in particular inſtances, without any
direct attack upon the whole ſyſtem. Facts
of that kind ſtand alone; they are attri-
buted to neceffity, not defended by princi-
ple. We can never be really in danger, un-
til the forms of parliament are made uſe of to
deſtroy the ſubſtance of our civil and political
liberties ;
-until parliament itſelf betrays its
truſt, by contributing to eſtabliſh new prin-
ciples of government, and employing the very
weapons committed to it by the collective
body, to ſtab the conſtitution.
As for the terms of the remonftrance, I
prefume it will not be affirmed, by any per-
ſon leſs poliſhed than a gentleman uſher,
that this is a ſeaſon for compliments. Our
43
twice ſent back with an excuſe, and it was
a
JUNIUS, &c.
gracious King indeed is abundantly civil to
himſelf. Inſtead of an anſwer to a petition,
his majeſty, very gracefully pronounces his
own panegyric; and I confefs, that, as far
as his perſonal behaviour, or the royal purity
of his intentions is concerned, the truth of
thoſe declarations, which the minifter has
drawn up for his matter, cannot decently be
diſputed. In every other reſpect, I affirm,
that they are abſolutely unſupported, either
in argument or fact. I muſt add too, that
fuppofing the ſpeech were otherwiſe unexcep-
tionable, it is not a direct anſwer to the pe--
tition of the city. His Majeſty is pleaſed to
ſay, that he is always ready to receive the
requeſts of his ſubjects; yet the ſheriffs were
certainly debated in council whether or no
the magiftrates of the city of London ſhould
be admitted to an audience. Whether the
remonftrance be or be not injurious to parlia-
ment, is the very queſtion between the parlia-
ment and the people, and ſuch a queſtion
third
party, however refpe&tabie. That the
petitioning for a diffolution of parliament is
irreconcileable with the principles of the con-
ftitution is a new doctrine. His Majeſty per-
haps has not been informed, that the houſe
of commons themſelves have, by a formal re-
ſolution, admitted it to be the right of the
ſub.
44
LETTERS OF
fubje&. His Majeſty proceeds to affure trs
that he has made the laws the rule of his
conduct.-Was it in ordering or permitting
his minifters to apprehend Mr. Wilkes by a
general warrant? Was it in fuffering his
miniſters to revive the obfolete maxim of
nullum tempus to rob the Duke of Portland
of his property, and thereby give a deciſive
to a county election ? Was it in erect.
ing a chamber conſultation of furgeons, with
authority to examine into and fuperfede the
legal verdict of a jury? Or did his Majeſty
conſult the laws of this country, when he
permitted his ſecretary of. ftate to declare,
that whenever the civil magiſtrate is trified
with, a military force muſt be fent for, witbe
out the delay of a moment, and effe&tually em-
ployed? Or was it in the barbarous exactnefs
with which this illegal, inhuman doctrine
was carried into execution ?-If his Majeſty
had recollected theſe facts, I think he would
never have ſaid, at leaſt with any reference
to the meaſures of his government, that he
had made the laws the rule of his conduct.
To talk of preſerving the affections, or rely..
ing on the ſupport of his ſubjects, while he
continues to act upon theſe principles, is in-
deed paying a compliment to their loyalty,
which I hope they have too, much ſpirit and
underſtanding to deſerve.
Hie
JUNIUS, &c.
His Majeſty, we are told, is not only
punctual in the performance of his own
duty, but careful not to aſſume any of thoſe
powers which the conſtitution has placed in
other hands. Admitting this laſt affertion
to be ftri&tly true, it is no way to the pur-
pofe. 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 pe-
tition, immediately impeached. They foli-
cit their Sovereign to exert that conſtitution-
al authority, which the laws have veſted in
him, for the benefit of his ſubjects. They
call upon him to make uſe of his lawful
prerogative in a caſe, which our laws evi-
dently ſuppoſed might happen, ſince they
have provided for it by truſting the Sove-
reign with a diſcretionary power to diffolve
the parliament. This requeſt will, I am
confident, be fupported by remonftrances
from all parts of the kingdom*. His Majeſty
will find at lait, that this is the ſenſe of his
WHEN the King had done reading his ſpeech, the
Lord Mayor, &c, had the honour of kiſſing his Ma-
jefty's
hand; as they were withdrawing, his Majeſty it
is faid turned round to his courtiers, and burſt out a
laughing
Nero fiddled, while Rome was burning. John Horne.
people,
LETTERS
people, and that it is not his intereſt to ſup
port either miniſtry or parliament, at the
hazard of a breach with the collective body
of his ſubjects.--That he is the King of a
free people. is indeed his greateſt glory,
That he may long continue the King of a
free people, is the ſecond wiſh that animates
my heart. The firſt is THAT THE PEOPLE
MAY BE FREE.
JUNIUS.
LETTER
LIV.
то
THE
PUBLIC
PRINTER OF
THE
ADVERTISER.
SIR,
3 April, 1770.
IN
N my laft letter I offered you my opinion
of the truth and propriety of his Ma-
jeſty's anſwer to the city of London, con-
fidering it merely as the ſpeech of a miniſter,
drawn up in his own defence, and delivered,
as uſual, by the chief magiſtrate. I would
feparate, as much as poſſible, the King's
perſonal character and behaviour froin the
acts of the preſent government. I wiſh it to
be underſtood that his Majeſty had in effe&t
no more concern in the ſubſtance of what he
ſaid, than Sir James Hodges had in the re-
monſtrance,
JUNIUS, &c.
47
monitrance, and that as Sir James, in virtue
of his office, was obliged to ſpeak his ſenti-
ments of the people, his Majeſty might think
himſelf bound, by the ſame official obliga-
tion, to give a graceful utterance to the ſenti-
ments of his minifter.
The cold formality
of a well repeated leſſon is widely diſtant
from the animated expreſſion of the heart.
THIS diftinction, however, is only true
with reſpect to the meaſure itſelf. The con-
ſequences of it reach beyond the miniſter,
and materially affe&t his Majeſty's honour.
In their own nature they are formidable
enough to alarm a man of prudence, and dif-
graceful enough to afflict a man of ſpirit. A
fubject, whoſe fincere attachment to his Ma-
jeſty'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 fort of loyalty, of which his
Majeſty has had plentiful experience. When
the loyalty of Tories, Jacobites, and Scotch-
men, has once taken poffeffion of an unhappy
Prince, it feldom leaves him without accom
pliſhing his deſtruction. When the poiſon
of their do&trines has tainted the natural bene-
volence of his diſpoſition, when their
infidi-
ous counſels have corrupted the ſtamina of
his government, what antidote can reſtore
him
18
OF
LETTERS
him to his political health and honour, but
the firm fincerity of his Engliſh ſubjects?
It has not been uſual in this country, at
leaſt fince the days of Charles the First, to
ſee the ſovereign perſonally at variance, or
engaged in a direct altercation with his ſub-
jects. Acts of grace and indulgence are
wiſely appropriated to him, and ſhould con-
ftantly be performed by himſelf. He never
ſhould appear but in an amiable light to his
fubjects. Even in France, as long as any
ideas of a limited monarchy were thought
worth preſerving, it was a maxim, that no
man 1hould leave the royal prefence diſcon-
tented. They have loft or renounced the
moderate principles of their government,
and now, when their parliaments venture to
remonftrate, the tyrant comes forward, and
anſwers abſolutely 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
fa&. But, in our political ſyſtem, the theory
is at variance with the practice, for the King
ſhould be beloved. Meaſures of greater feve-
rity may, indeed, in ſome circumſtances,
be neceſſary; but the minitter 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
con.
JUNIUS, &c.
49
ſponſible, not upon the King, whoſe privatc
conſtitution, when he expoſes the chief magi-
ſtrate to the perſonal hatred or contempt of his
ſubjects. When we ſpeak of the firmneſs of
government, we, mean an uniform ſyſtem of
meaſures, deliberately adopted, and reſolutely
maintained by the ſervants of the crown, not
a peeviſh aſperity in the language or behaviour
of the ſovereign. The government of a weak,
irreſolute monarch may be wiſe, moderate, and
firm;-that of an obftinate capricious prince,
on the contrary, may be feeble, undetermined
and relaxed. The reputation of public mea-
ſures depends upon the ininiſter, who is re-
opinions are not ſuppoſed to have any weight
againſt the advice of his counſel, whoſe per-
fonal authority thould therefore never be in-
terpofed in public affairs.This, I believe,
is true, conftitutional doctrine. But for a
moment let us ſuppoſe it falſe. Let it be taken
for granted, that an occafion may ariſe, in
which a King of England ſhall be com-
pelled to take upon himſelf the ungrateful
office of rejecting the petitions, and cenſur-
ing the conduct of his ſubjects; and let the
City remonftrance be fuppofed to have
created fo extraordinary an occaſion. On
this principle, which I prefume 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
Vol. II.
D
poſitive
LETTERS
OF
pofitive declaration of his own ſentiments ?
--they ſuggeft to him a language full of fe-
verity and reproach. What follows? When
his Majeſty had taken ſo deciſive a part in
ſupport of his miniſtry and parliament, he
had a right to expect from them a reciprocal
demonſtration of firmneſs in their own cauſe,
and of their zeal for his honour. He had
reaſon to expect (and ſuch, I doubt not,
were the bluſtering promiſes of Lord North)
that the perſons, whom he had been adviſed
to charge with having failed in their reſpect
to him, with having injured parliament, and
violated the principles of the conftitution,
thould not have been permitted to eſcape
without ſome ſevere marks of the diſpleaſure
and vengeance of parliament. As the mat-
ter ſtands, the miniſter, after placing his
fovereign in the moſt unfavourable light to
his ſubjects, and after attempting to fix the
ridicule and odium of his own precipitatc
meaſures upon the royal character, leaves
him a ſolitary figure upon the ſcene, to recal,
if he can, or to compenſate, by future com-
pliances, for one unhappy demonſtration of
ill-fupported firmneſs, and ineffeétual re-
fentment. As a man of ſpirit, his Majeſty
cannot but be ſenſible, that the lofty terms
in which he was perſuaded to reprimand the
city, when united with the filly conclufion
of the buſineſs, reſemble the pomp of a mock-
tragedy,
JUNIUS, &c.
51
a geſture to command. The
tragedy, where the moſt pathetic ſentiments,
and even the ſufferings of the hero are calcu-
lated for derifion.
gre
Such has been the boaſted firmneſs and
conſiſtency of a miniſter, whoſe appear-
ance in the houſe of commons was thought
eſſential to the King's ſervice ;-whoſe pre-
fence was to influence every divifion;--who
had a voice to perſuade, an eye to penetrate,
theſe great qualities has been fatal to his
friends. The little dignity of Mr. Ellis
has been committed. The mine was funk;
combuſtibles provided, and Welbore Ellis,
the Guy Faux of the fable, waited only for
the ſignal of command. All of a ſudden
the country gentlemen diſcover how groſsly
they have been deceived ;--the miniſter's
heart fails him, the grand plot is defeated
in a moment, and poor Mr. Ellis and his
motion taken into cuſtody*. From the event
of Friday laſt, one would imagine, that ſome
fatality hung over this
gentleman. Whether
he makes or fuppreſſes a motion, he is equally
ſure of his difgrače. But the complexion of
2
* MR. Ellis intended to make a motion againſt
the Lord Mayor and Sheriffs, but juſt as he roſe in the
houſe to enter upon the buſineſs, a meſſage from the mi-
bifter made him ſit down. The affair ended in a yote
of cenfure only.
D 2
the
LETTERS OF
the times will ſuffer no inan to be vice-trea-
furer of Ireland with impunity.
I do not mean to expreſs the ſmalleſt
anxiety for the miniſter's reputation, He
a&ts ſeparately for himſelf, and the moſt
ſhameful inconſiſtency may perhaps be no
diſgrace to him. But when the Sovereign,
who repreſents the majeſty of the ſtate, ap-
pears in perfon, his dignity fhould be fup-
ported.
The occaſion ſhould be important;
-the plan well conſidered ;--the execution
ſteady and conſiſtent. My zeal for his Ma-
jeſty's real honour compels me to aſſert, that
it has been too much the ſyſtem of the pre-
fent reign, to introduce him perfonally, either
to act for, or to defend his fervants. They
perſuade him to do what is properly their
buſineſs, and deſert him in the midſt of it.
Yet this is an inconvenience, to which he
muſt for ever be expoſed, while he adheres to
a miniſtry divided among themſelves, or un-
equal in credit and ability to the great taſk
they have undertaken. Inſtead of reſerving
the interpoſition of the royal perſonage, as
the laſt reſource of government, their weak-
neſs obliges them to apply it to every ordi-
nary occafion, and to render it cheap and
common in the opinion of the people. In-
ſtead of ſupporting their maſter, they look to
him for ſupport; and, for the emoluments of
remain:
*
53
JUNIUS, &c! .
remaining one day more in office, care not
how much his facred character is proſtituted
and diſhonoured.
IF I thought it poſſible for this paper to
reach the cloſet, I would venture to appeal
at once to his Majeſty's judgment. I would
aſk him, but in the moſt reſpe&tful terms,
" As you are a young man, Sir, who ought
" to have a life of happineſs in proſpect ;--
as you are a huſband;--as you are a father,
“ [your filial duties I own have been reli-
giouſly performed] is it bona fide for your
* intereſt or your honour to ſacrifice your
“ domeſtic tranquillity, and to live in a
"* perpetual diſagreement with your people,
* merely to preſerve ſuch a chain of beings
* as North, Barrington, Weymouth, Gower,
« Ellis, Onſlow, Rigby, Jerry Dyſon, and
* Sandwich? Their very names are a ſatire
“ upon all government, and I defy the graveſt
" of your chaplains to read the catalogue
** without laughing.'
For my own part, Sir, I have always con-
fidered addreſſes from parliament as a faſhion-
able, unmeaning formality. Uſurpers, ideots,
and tyrants have been ſucceſſively compli-
mented with almoſt the ſame profeſſions of
duty and affection. But let us ſuppoſe them
to mean exactly what they profeſs. The con-
D3
ſequences
LETTERS
ſequences deſerve to be conſidered. Either
the fovereign is a man of high ſpirit and dan-
gerous ambition, ready to take advantage of
the treachery of his parliament, ready to ac-
cept of the ſurrender they make him of the
public liberty;-or he is a mild, undefigning
prince, who, provided they indulge him with
a little ſtate and pageantry, would of himſelf
întend no miſchief. On the firſt fuppofition,
it muſt foon be decided by the fword, whether
the conſtitution ſhould be loft or preſerved.
On the ſecond, a prince no way qualified for
the execution of a great and hazardous en-
terprize, and without any determined object
in view, may nevertheleſs be driven into fuch
deſperate meaſures, as may lead directly to his
ruin, or diſgrace himſelf by a ſhameful fluc-
tuation between the extremes of violence at
one moment, and timidity at another. The
minifter perhaps may have reaſon to be fa
tisfied with the fucceſs of the preſent hour,
and with the proñts of his employment. He
is the tenant of the day, and has no intereſt in
the inheritance. The ſovereign himſelf is
bound by other obligations, and ought to look
forward to a ſuperior, a permanent intereft.
His paternal tenderneſs ſhould remind him,
how many hoſtages he has given to fociety.
The ties of nature come powerfully in aid of
oaths and proteſtations. The father, who
con-
JUNIUS, &c.
55
confiders his own precarious ſtate of health,
and the poſſible hazard of a long minority, will
wiſh to ſee the family eſtate free and unincum-
bered. What is the dignity of the crown,
though it were really maintained ;--what is
the honour of parliament, ſuppoſing it could
exiſt without any foundation of integrity and
juſtice ;
-or what is the vain reputation of
firmneſs, even if the ſcheme of the govern-
ment were uniform and confiftent, compared
with the heart-felt affections of the people,
with the happineſs and ſecurity of the royal
family, or even with the grateful acclama-
tions of the populace ! Whatever ſtyle of
contempt may be adopted by miniſters or pars
liaments, no man fincerely deſpiſes the voice
of the Engliſh nation. The houſe of com-
mons are only interpreters, whoſe duty it is
to convey the ſenſe of the people faithfully
to the crown. If the interpretation be falſe
or imperfect, the conſtituent powers are called
upon to deliver their own ſentiments. Their
Speech is rude, but intelligible ;--their gef-
tures fierce, but full of explanation. Unper-
plexed by ſophiſtries, their honeſt eloquence
rifes into action. Their firſt appeal was to
the integrity of their repreſentatives :-the
ſecond to the King's juſtice ;--the laſt argu-
ment of the people, whenever they have re-
courſe to it, will carry more perhaps than
perſua-
D4
56
LET T E R S
perſuaſion to parliament, or fupplication to
the throne.
JUNIUS.
LETTER
LV.
TO THE PRINTER OF THE PUBLIC AD
VERTISER.
SIR
28 May, 1770.
WHI
HILE parliament was ſitting, it
would neither have been ſafe, nor
perhaps quite regular, to offer any opinion to
the public, upon the juſtice or wiſdom of
their proceedings. To pronounce fairly
upon their conduct, it was neceffary to wait
until we could confider, in one view, the be-
ginning, progreſs, and concluſion of their
deliberations. The cauſe of the public was
undertaken and ſupported by men, whoſe
abilities and united authority, to ſay nothing
of the advantageous ground they ſtood on,
might well be thought ſufficient to determine
a popular queſtion in favour of the people.
Neither was the houſe of commons ſo abſo-
lutely engaged in defence of the miniſtry, or
even of their own reſolutions, but that they
might have paid fome decent regard to the
known diſpoſition of their conſtituents, and,
without
JUNIUS, &c.
57
without any diſhonour to their firmneſs, might
have retracted an opinion too haftily adopted,
when they ſaw the aların it had created, and
how ſtrongly it was oppoſed by the general
ſenſe of the nation. The miniſtry too would
have conſulted their own immediate intereft,
in making ſome conceſſion ſatisfactory to the
moderate part of the people. Without touch-
ing the fact, they might have conſented to
guard againſt, or give up the dangerous prin-
ciple, on which it was eſtabliſhed. In this
ſtate of things, I think it was highly impro-
bable at the beginning of the feffion, that
the complaints of the people upon a matter,
which, in their apprehenſion at Icaft, imme-
diately affected the life of the conſtitution,
would be treated with as much contempt by
their own repreſentatives, and by the houſe
of lords, as they had been by the other branch
of the legiſlature. Deſpairing of their inte-
grity, we had a right to expeet ſomething
from their prudence, and ſomething from
their fears. The Duke of Grafton certainly
did not forefee to what an extent the corrup-
tion of a parliament might be carried. He
thought, perhaps, that there was ſtill ſome
portion of ſhame or virtue left in the majority
of the houſe of commons, or that there was
a line in public proſtitution, beyond which
they would ſcruple to proceed. Had the young
man been a little more practiſed in the world,
D5
58
L ETTERS OF
or had he ventured to meaſure the characters":
of other men by his own, he would not have:
been ſo eaſily diſcouraged..
THE prorogation of parliament naturally,
calls upon us to review their proceedings,
and to conſider the condition in which they
have left the kingdom. I do not queſtion
but they have done what is uſually called the
King's buſineſs, much to his Majeſty's fa-
tisfaction. We have only to lament, that,
in conſequence of a ſyſtem introduced or rem
vived in the preſent reign, this kind of merit
ſhould be very conGftent with the negle&t of
every duty they owe to the nation. The in-
terval between the opening of the laſt and
clofe of the former feffron was longer than
uſual. Whatever were the views of the mi-
niſter in deferring the meeting of parliament,
fufficient time was certainly given to every
member of the houſe of commons, to look
back upon the ſteps he had taken,
and the
conſequences they had produced. The zeal
of party, the violence of perſonal animofities,
and the heat of contention had leiſure to fub-
fide. From that period, whatever reſolution
they took was deliberate and prepenſe. In
the preceding ſeſſion, the dependants of the
miniſtry had affected to believe, that the final
determination of the queſtion would have ſa-
tisfied the nation, or at leaſt put a ſtop to
their
JUNIUS, &c.
59
their complaints; as if the certainty of an
evil could diminiſh the ſenſe of it, or the na-
ture of injuſtice could be altered by decifion.
But they found the people of England were
in a temper very diftant from fubmiffion;
and, although it was contended that the houſe
of commons could not themſelves reverſe a
refolution, which had the force and effect of
a judicial ſentence, there were other conſtitu-
tional expedients, which would have given a
ſecurity againſt any fimilar attempts for the
future. The general propofition, in which
the whole country had an intereſt, might
have been reduced to a particular fact, in
which Mr. Wilkes and Mr. Luttrell would
alone have been concerned. The houſe of
lords might interpoſe ;
-the King might dif-
folve the parliament;- or, if every other re-
ſource failed, there ſtill lay a grand conſtitu-
tional writ of error, in behalf of the people,
from the deciſion of one court, to the wif-
dom of the whole legiſlature. Every one of
theſe remedies has been fucceffively attempt-
ed. The people performed their part with
dignity, fpirit, and perſeverance. For many
months his Majeſty heard nothing from his
people but the language of complaint and re-
ſentment ;-unhappily for this country, it
was the daily triumph of his courtiers that he
heard it with an indifference approaching to
contempt.
D 6
THE
60
LETTERS
The liouſe of commons having aſſumed a
power unknown to the conſtitution, were
determined not merely to ſupport it in the
ſingle inſtance in queſtion, but to maintain
the doctrine in its utmoſt extent, and to
eſtabliſh the fact as a precedent in law, to be
applied in whatever manner his Majeſty's
fervants ſhould hereafter think fit. Their
proceedings upon this occaſion are a ſtrong
proof that a deciſion, in the firſt inſtance il-
legal and unjuſt, can only be fupported by a
continuation of falſehood and injuſtice. To
ſupport their former reſolutions, they were
obliged to violate ſome of the beſt known
and eſtabliſhed rules of the houſe. In one
*
inſtance they went ſo far as to declare, in
open defiance of truth and common ſenſe,
that it was not the rule of the houſe to di-
vide a complicated queſtion, at the requeſt
of a member*. But after trampling upon
the laws of the land, it was not wonderful
that they ſhould treat the private regulations
of their own aſſembly with equal diſregard.
The ſpeaker, being young in office, began
with pretended ignorance, and ended with
deciding for the miniſtry. We were not
furpriſed at the deciſion ; but he heſitated
* This reſolution appears in the Votes of the
houſe
and
JUNIUS, &c.
61
.
and bluſhed at his own baſeneſs, and every
man was aſtoniſhedt.
The intereſt of the public was vigorouſly
ſupported in the houſe of lords. Their right
to defend the conſtitution against an in-
croachment of the other eftates, and the ne.
ceflity of exerting it at this period, was urged
to them with every argument, that could be
ſuppoſed to influence the heart or the under-
ſtanding. But it foon appeared, that they
had already taken their part, and were deter-
mined to ſupport the houſe of commons, not
only at the expence of truth and decency,
but even by a ſurrender of their own moſt
importants rights. Inſtead of performing that
duty which the conftitution expected from
them, in return for the dignity and indepen-
* When it was a meafure of government to deſtroy
Mr. Wilkes, and when for this purpoſe it was neceſſary
to run down privilege, Sir Fletcher Norton, with his
uſual proſtituted effrontery, aſſured the houſe of com-
mons, that he ſhould pay as little regard to one of their
votes, as he would to a reſolution of ſo many drunken
porters. Ben Jonſon defcribes a lawyer
in the following
lines :
« Gives forked counſel; takes provoking gold,
« On either hand, and puts it up.
“ So wife, fo grave, of fo perplexed a tongue,
* And loud withal, that would not wag, nor ſcarce
“ Lie ftill without a fee."
dence
62
LET T E R $ OF
ture over
dence of their ſtation, in return for the here-
ditary ſhare it has given them in the legiſla-
ture, the majority of them made common
cauſe with the other houſe in oppreffing the
people, and eſtabliſhed another doctrine as
faifé in itfelf, and if poflible more pernicious
to the conftitution, than that on which the
Middleſex election was determined. By re-
folving, “ that they had no right to impeach
" a judgment of the houſe of commons in
* any caſe whatſoever, where that houſe has
a competent juriſdiction. they in effect
gave up that conſtitutional check and reci-
procal controul of one branch of the legiſla-
greateſt and moft important object provided
for by the diviſion of the whole legiſlative
power into three eſtates ; and now, let the
judicial deciſions of the houſe of commons be
ever fo extravagant, let their declarations of
the law be ever fo flagrantly falfe, arbitrary,-
and oppreffive to the ſubject, the houſe of
lords have impoſed a flaviſh filence upon
themſelves ;-they cannot interpoſe,-they
cannot protect the ſubject,--they cannot de-
fend the laws of their country. A concef-
fion ſo extraordinary in itſelf, fo contradictory
to the principles of their own inſtitution,
cannot but alarm the moſt unſuſpecting
mind. We may well conlude, that the
lords would hardly have yielded fo. much to -
the
JUNIUS, &c.
63
the other houſe, without the certainty of a
compenfation, which can only be inade to
them at the expence of the people. The
arbitrary power they have aſſumed of impof.
ing fines and committing, during pleaſure,,
will now be exerciſed in its full extent. The
houſe of commons are too much in their debti
to queſtion or, interrupt their proceedings
The crown too, we may be well affared, will
lofe nothing in this new diftribution of
power. After declaring, that to petition for
a diffolution of parliament is irreconcileable
with the principles of the conſtitution, bis
Majeſty has
reaſon to expect that ſome extra-
ordinary compliment will be returned to the
Royal prerogative. The three branches of
the legiflature feem, to treat their ſeparate
rights and intereſts as the Roman Triumvirs
did their friends. They reciprocally facrifice
them to the animofities of each other, and e-
ſtabliſh a deteſtable union among themſelves,
upon the ruin of the laws and liberty
of the
commonwealth.
THROUGH the whole proceedings of the
houſe of commons in this ſeſſion, there is an:
apparent, a palpable conſciouſneſs of guilt,
which has prevented tleir daring to affert
their own dignity, where it has been imme-
diately and groſsly attacked. In the courſe
of Doctor Muſgrave's examination, he ſaid
every
64
OF
LETTERS
every thing that can be conceived mortify-
ing to individuals, or offenſive to the houſe,
They voted his information frivolous, but
they were awed by his firmneſs and integrity,
and funk under it. The terms, in which
the fale of a patent to Mr. Hine were com-
municated to the public, naturally called for
a parliamentary enquiry. The integrity of
the houſe of commons was directly impeach-
ed; but they had not courage to move in
their own vindication, becauſe the enquiry
would have been fatal to Colonel Burgoyne,
and the Duke of Grafton. When Sir George
Savile branded them with the name of trai-
tors to their conftituents, when the Lord
Mayor, the Sheriffs, and Mr. Trecothick,
expreſsly avowed and maintained every part
of the city remonſtrance, why did they tame-
ly ſubmit to be inſulted? Why did they not
immediately expel thoſe refractory members ?
Conſcious of the motives, on which they had
acted, they prudently preferred infamy to
danger, and were better prepared to meet the
contempt, than to rouſe the indignation of
the whole people. Had they expelled thoſe
five members, the conſequences of the new
doctrine of incapacitation would have come
simmediately home to every man. The truth
of it would then have been fairly tried, with-
out any reference to Mr. Wilkes's private
character, or the dignity of the houſe, or the
obſti-
JUNIUS, &c.
65
obſtinacy of one particular county. Thefe
topics, I know, have had their weight with
men, who affecting a character of modera-
tion, in reality conſult nothing but their
own immediate eafe ;--who are weak enough
to acquieſce under a flagrant violation of the
laws, when it does not directly touch them-
felves, and care not what injuſtice is practiſed
upon a man, whoſe moral character they
piouſly think themſelves obliged to condemn.
In any other circumſtances, the houſe of
commons muſt have forfeited all credit and
dignity, if, after ſuch groſs provocation,
they had permitted thoſe five gentlemen to
fit any longer among them. We ſhould then
have ſeen and felt the operation of a prece-
dent, which is repreſented to be perfectly bar-
ren and harmleſs. But there is a ſet of men
in this country, whoſe underſtandings mea-
ſure the violation of law, by the magnitude
of the inſtance, not by the important conſe-
quences, which flow directly froin the prin-
ciple, and the minifter, I preſume, did not
think it ſafe to quicken their apprehenſions
too ſoon. Had Mr. Hampden reaſoned
and
aêted like the moderate men of theſe days, in-
ſtead of hazarding his whole fortune in a
law-ſuit with the crown, he would have
quietly paid the twenty ſhillings demanded of
him,--the Stuart family would probably have
continued upon the throne, and, at this mo-
ment,
66
OF
LE TT EKS
ment, the impoſition of ſhip-money would
have been an acknowledged prerogative of
the crown.
WHAT then has been the buſineſs of the
feffion, after voting the fupplies, and coufirm.
ing the determination of the Middlefex elec-
tion? The extraordinary prorogation of the
Iriſh parliament, and the just diſcontents of that
kingdom, have been paſſed by without notice.
Neither the general ſituation of our Colonies,
nor that particular diſtreſs which forced the
inhabitants of Boiton to take up arms ir
their defence, have been thought worthy of a
moment's conſideration. In the repeal of
thoſe acts, which were moſt offenſive to
America, the parliament have done every
thing, but remove the offence. They have
relinquiſhed the revenue, but judiciouſly
taken care to preferve the contention. It is
not pretended that the continuation of the tea
duty is to produce any direct benefit whatfo-
ever to the mother country. What is it then
but an odious, unprofitable exertion of a fpe-
culative right, and fixing a badge of ſlavery
upon the Americans, without fervice to their
maſters? But it has pleaſed God to give us
a miniſtry and a parliament, who are neither
to be perſuaded by argument, nor inſtructed
by experience.
LORD
JUN PUS, &c.
67
LORD NORTH, I prefume, will not claim
an extraordinary merit from any thing he has
done this year in the improvement or appli =
cation of the revenue. A great operation,
directed to an important object, though it
ſhould fail of ſucceſs, marks the genius, and
elevates the character of a minifter. A poor
contracted underſtanding deals in little
ſchemes, which diſhonour him if they fail,
and do him no credit wlien they fucceed,
Lord North had fortunately the means in his
poffeffion of reducing all the four per cents at
once. The failure of his first enterprize in
finance is not half fa diſgracefal to this repu-
tation as a miniſter, as the enterprize itſelf is
injurious to the public. Inſtead of friking
one deciſive blow, which would have cleared
the market at once, upon terms proportioned
to the price of the four per cents fix weeks
ago, he has tampered with a pitiful portion
of a commodity, which ought never to have
been touched but in groſs ;-he has given
notice to the holders of that ftock, of a de-
fign formed by government to prevail upon
them to ſurrender it by degrees, conſequent-
ly has warned them to hold up and inhance
the price ;—ſo that the plan of reducing the
four per cents muſt either be dropped entirely,
or continued with an increafing diſadvantage
to the public. The minister's fagacity has
førved to raiſe the value of the thing he ineans
68
LETTERS OF
to purchaſe, and to fink that of the three per
cents, which it is his purpoſe to ſell. In
effect, he has contrived to make it the intereſt
of the proprietor of four per cents to fell out
and buy tlıree per cents in the market, rather
than ſubſcribe his ftock upon any terms, that
can poſſibly be offered by government.
The ſtate of the nation leads us naturally
to conſider the ſituation of the King. The
prorogation of parliament has the effect of a
temporary diffolution. The odium of mea-
ſures adopted by the collective body fits
lightly upon the ſeparate members, who
compoſed it.
They retire into ſummer
quarters, and reſt from the diſgraceful la-
bours of the campaign. - But as for the So-
vereign, it is not fo with him. He has a per-
manent exiſtence in this country ; He can-
not withdraw himſelf from the complaints,
the diſcontents, the reproaches of his ſub-
jects. They purſue him
to his retirement,
and invade his domeſtic happineſs, when no
addreſs can be obtained from an obſequious
parliament 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 fyftem has not
only been adopted in fact, but profeſſed upon
principle. Miniſters are no longer the pub-
lic ſervants of the ſtate, but the private do-
meftics
JUNIUS, &c.
69
meftics of the Sovereign. One particular
claſs or men are permitted to call themſelves
the King's friends; * as if the body of the
people were the King's enemies; or, as if his
Majefty looked for a reſource or confolation,
in the attachment of a few favourites, againſt
the general contempt and deteftation of his
ſubjects. Edward, and Richard the ſecond,
made the fame diſtinction between the col-
lective body of the people, and a contemptible
party who ſurrounded the throne. The event
of their miſtaken conduct might have been a
warning to their ſucceſſors. Yet the errors
of thoſe princes were not without excuſe.
They had as many falſe friends, as our pre-
ſent gracious Sovereign, and infinitely greater
temptations to ſeduce them. They were nei-
ther ſober, religious, nor demure. Intoxicated
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, un-
animated exiſtence of other princes, we fee
nothing but a fickly, ſtagnant water, which
" An
* DAVENANT's character of King's friends.
“ ignorant, mercenary, and ſervile crew; unanimous
“ in evil, diligent in miſchief, variable in principles,
“ conſtant to flattery, talkers for liberty, but ſlaves to
power ;--ſtiling themſelves
the court party, and the
prince's only friends."
taints
90
L E T T E R S 10
taints the atmoſphere without fertilizing the
foil.---Tlie 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 diſgrace him. A
faultleſs, infipid equality in this character, is
neither capable of vice nor virtue in the exa
treme; but it fecures his ſubmiſſion to thoſe
perſons, whom he has been accuſtomed to
reſpect, and makes him a dangerous inftru-
ment of their ambition. Secluded from the
world, attached from his infancy to one fer
of perſons, and one ſet of ideas, he can neia
ther open his heart to new conne&ions, nor
his mind to better information. A character
of this fort is the ſoil fitteſt to produce that
obftinate bigotry in politics and religion,
which begins with a meritorious facrifice of
the underſtanding, and finally condu&ts the
monarch and the martyr to the block.
At any other period, I doubt not, the ſcan-
dalous diſorders, which have been introduced
into the government of all the dependencies
in the Empire, would have rouſed the atten-
tion of the public. The odious abuſe and
proſtitution of the prerogative at home -- the
unconſtitutional employment of the military,
--the arbitrary fines and commitments by the
houſe of lords, and court of king's bench ;-
the mercy of a chaſte and pious Prince ex-
tended
JUNIUS, &c.
tended chearfully to a wilful murderer, be
cauſe that murderer is the brother of a com-
mon proſtitute*, would, I think, at any other
time, have excited univerſal indignation.
But 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 nobler 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
realiſed the compendious ideas of Caligula.
They know that the liberty, the laws, and
property of an Engliſhman have in truth but
one neck, and that to violate the freedom of
election, ſtrikes deeply at them all.
JUNIUS.
* Miss KENNEDY. Her brothers were condemned
for the murder of a watchman. The intereſt of her
ramours procured them a pardon.
pa-
LETTER
72
LETTERS
:
L E T T E R LVI.
TO
LORD
NOR TH.
MY LORD,
22 Aug. 1770.
M
R. Luttrell's ſervices were the chief
ſupport and ornament of the Duke of
Grafton's adminiſtration. The honour of
rewarding them was reſerved for your Lord-
ship. The Duke, it ſeems, had contracted
an obligation he was alhamed to acknowledge,
and unable to acquit. You, my Lord, had
no fcruples. You accepted the ſucceſſion
with all its incumbrances, and have paid Mr.
Luttrell his legacy, at the hazard of ruining
the eſtatc.
When this accompliſhed youth declared
himſelf the champion of government, the
world was buſy in enquiring what honours
or emoluments could be a fufficient recom-
pence, to a young man of his rank and for
tune, for ſubmitting to mark his entrance
into life with the univerſal contempt and de-
teſtation of his country.--His noble father
had not been "fo precipitate.---To vacate his
feat in parlianrent;-to intrude upon a county
in which he had no intereſt or connexion
-
to
JUNIUS, &c.
73
to poffefs himſelf of another man's right, and
to maintain it in defiance of public ſhame as
well as juſtice, beſpoke a degree of zeal or of
depravity, which all the favour of a pious
Prince could hardly requite. I proteſt, my
Lord, there is in this young man's conduct,
a ſtrain of proſtitution, which, for its fu-
gularity, I cannot but admire. He has dif-
covered a new line in the human character ;
- he has degraded even the name of Luttrell,
and gratified his father's moſt fanguine ex-
peetations,
I Obato
The Duke of Grafton, with every poſſible
diſpoſition to patroniſe this kind of merit,
was contented with pronouncing Colonel
Luttrell's panegyric. The gallant ſpirit, the
diſintereſted zeal of the young adventurer,
were echoed through the houſe of lords.
His Grace repeatedly pledged himſelf to tlie
houſe, as an evidence of the purity of his
friend Mr. Luttrell's intentions ;-that he
had engaged without any proſpect of perſonal
benefit, and that the idea of compenſation
would mortally offend him. The noble
Duke could hardly be in carneſt; but he had
lately quitted his employment, and began to
think it neceſſary to take ſome care of his
reputation. At that very moment the Iriſh
negociation was probably begun.-Come for-
ward, thou worthy repreſentative of Lord
VOL. II.
E
Bute,
74
ETTERS or
Bute, and tell this inſulted country, who ad
viſed the King to appoint Mr. Luttrell, AD-
JUTANT-GENERAL to the army in Ireland.
By what management was Colonel Cuning-
hame prevailed on to reſign his employment,
and the obſequious Giſborne to accept of a
penſion for the government of Kinſale ?*
Was it an original ftipulation with the Prin-
ceſs of Wales, or does he owe his preferment
to your Lordſhip's partiality, or to the Duke
of Bedford's friendſhip? My Lord, though
it may not be poſſible to trace this meaſure to
its ſource, we can follow the ſtream, and warn
the country of its approaching deſtruction.
The Engliſh nation muft be rouſed, and put
upon its guard. Mr. Luttrell has already
* This infamous tranſaction ought to be explained
to the public. Colonel Giſborne was quarter-maſter-
general in Ireland. Lord Townſhend perſuades him to
reſign to a Scotch officer, one Fraſer, (the General Fra-
fer who fell in Burgoyne's laſt action) and gives him
the government of Kinſale..-Colonel Robert Cuning-
hame was Adjutant-general in Ireland. Lord Town-
fhend offers him a penſion to induce him to reſign to
Luttrell. Cuninghame treats the offer with contempt.
What'sto be done? poor Giſborne muſt move once more.
--He accepts of a penſion of sool. a year, until a go-
vernment of greater value ſhall become vacant. Colonel
Cuninghame is made Governor of Kinſale; and Lut-
trell, at laft, for whom the whole machinery is put in
motion, becomes Adjutant-general, and in effeâ takes
the command of the army in Ireland.
ſhewn
umand of the a
JUNIUS, &c.
75
thewn us how far he may be truſted, when-
ever an open attack is to be made upon the
liberties of this country. I do not doubt that
there is a deliberate plan formed. Your
Lordſhip beſt knows by whom ;-the cor-
ruption of the legiſlative body on this fide-
a military force on the other,--and then, Fare-
well to England! It is impoſſible that any
miniſter ſhall dare to adviſe the King to place
ſuch a man as Luttrell in the confidential
poſt of Adjutant-general, if there were not
ſome ſecret purpoſe in view, which only
ſuch a man as Luttrell is fit to promote.
The inſult offered to the army in general is
as groſs as the outrage intended to the peo-
ple of England. What !
What! Lieutenant-co-
lonel Luttrell, Adjutant-general of an army
of ſixteen thouſand men ! one would think
his Majeſty's campaigns at Blackheath and
Wimbleton inight have taught him better.
-I cannot help wiſhing General Harvey
joy of a colleague, who does ſo much honour
to the employment.--But, my Lord, this
ineaſure is too daring to paſs unnoticed, too
dangerous to be received with indifference or
ſubmiſſion. You ſhall not have time to new
model the Iriſh army. They will not ſub-
mit to be garbled by Colonel Luttrell. As
a miſchief to the Engliſh conſtitution, (for he
is not worth the name of enemy) they already
deteft him. As a boy, impudently thruſt over
their
E 2
76
LETTERS OF
their heads, they will receive him with indig-
nation and contempt.-As for you, my Lord,
who perhaps are no more than the blind, un-
happy inftrument of
Lord Bute and her Royal
Highneſs the Princeſs of Wales, be aſſured
that you fall be called upon to anſwer for
the advice, which has been given, and either
diſcover your accomplices, or fall a ſacrifice
to their ſecurity.)
JUNIUS.
LETTER
LVII.
TO THE RIGHT HONOURABLE
LORD
MANSFIELD.
MY LORD,
14 Nov. 1770.
THI
HE appearance of this letter will at-
tract the curioſity of the public, and
command even your Lordſhip's attention.
I am conſiderably in your debt, and ſhall
endeavour, once for all, to balance the ac-
count. Accept of this addreſs, my Lord,
as a prologue to more important ſcenes, in
which you will probably be called upon to
ad or ſuffer.
You will not queſtion my veracity, when
I affure you that it has not been owing to any
parti-
UNIUS, &c,
77
particular reſpect for your perſon that I have
abſtained from you ſo long. Befides the
diftrefs and danger with which the preſs is
threatened, when your lordſhip is party, and
the party is to be judge, I confefs I have
been deterred by the difficulty of the taſk.
Our language has no term of reproach, the
mind has no idea of deteſtation, which has not
already been happily applied to you, and ex-
hauſted.---Ample juſtice has been done by
abler pens than mine to the ſeparate merits
of your life and character. Let it be my
humble office to collect the fcattered ſweets,
till their united virtue tortures the ſenſe.
PERMIT me to begin with paying a juft
tribute to Scotch fincerity, wherever I find
it. I own I am not apt to confide in the
profeſſions of gentlemen of that country,
and when they ſmile, I feel an involuntary
emotion to guard myſelf againſt miſchief.
With this general opinion of an ancient na-
tion, I always thought it much to your Lord-
ſhip’s honour, that, in your earlier days,
you were but little infe&ted with the prudence
of your country.
You had ſome original
attachments, which you took every proper
opportunity to acknowledge. The liberal
Ipirit of youth prevailed over your native
diſcretion. Your zeal in the cauſe of an
unhappy prince was expreſſed with the fin-
cerity
78
LETTERS OF
cerity of wine, and ſome of the folemnities
of religion.* This I conceive, is the moſt
amiable point of view, in which your cha-
raéter has appeared. Like an honeſt man,
you took that part in politics, which might
have been expected from your birth, educa-
tion, country and connexions. There was
ſomething generous in your attachment to
the baniſhed houſe of Stuart. We lament
the miſtakes of a good man, and do not be-
gin to deteft him until he affects to renounce
his principles. Why did you not adhere
to that loyalty you once profeſſed? Why did
you not follow the example of your worthy
brotherit. With him, you might have ſhared
in the honour of the Pretender's confidence
with him, you might have preſerved the
integrity of your character, and England,
I think, might have fpared you without re-
gret. Your friends will ſay, perhaps, that
altho' you deſerted the fortune of your liege
Lord, you have adhered firmly to the princi-
ples which drove his father from the throne ;
-that without openly ſupporting the perſon,
you have done effential ſervice to the cauſe,
* Drinking the Pretender's health upon his knees.
Lord Ravenſworth produced evidence of the fact.
† JAMES MURRAY, he went abroad and lived at
the court of the Pretender, where he a ted as Secretary,
and had the title of Earl of Dunbar.
and
JUNIUS, &c.
79
and conſoled yourſelf for the loſs of a fa-
vourite family by reviving and eſtabliſhing the
maxims of their government. This is the
way, in which a Scotchman's underſtanding
corrects the error of his heart.------My Lord,
I acknowledge the truth of the defence, and
can trace it through all your conduct. I ſee
through your whole life, one uniform plan
to enlarge the power of the crown, at the ex-
pence of the liberty of the ſubject. To this
object, your thoughts, words and actions
have been conſtantly directed. In contempt
or ignorance of the common law of Eng-
land, you have made it your ſtudy to intro-
duce into the court, where your preſide, max-
ims of juriſprudence unknown to Engliſh-
The Roman code, the law of nations,
and the opinion of foreign civilians, are
your perpetual theme ;—but whoever heard
you mention Magna Charta or the Bill of
Rights with approbation or reſpe&t? By ſuch
treacherous arts, the noble fimplicity and
free ſpirit of our Saxon laws were firſt cor-
rupted. The Norman conqueſt was not
compleat, until Norman lawyers had intro-
duced their laws, and reduced ſlavery to a
ſyſtem.--This one leading principle directs
your interpretation of the laws, and accounts
for your treatment of juries. It is not in
political queſtions only (for there the courtier
E 4
might
men.
so
LETTERS
might be forgiven) but let the cauſe be what
it may, your underſtanding is equally on the
rack, either to contract the power of the
jury, or to miſlead their judgment. For the
truth of this affertion, I appeal to the doc-
trine you delivered in Lord Groſvenor's cauſe.
An action for criminal converſation being
brought by a peer againſt a prince of the
blood, you were daring enough to tell the
jury that, in fixing the damages, they were
to pay no regard to the quality or fortune of
the parties ;--that it was a trial between A.
and B.--that they were to conſider the offence
in a moral light only, and give no greater
damages to a peer of the realm, than to the
meaneft meahanic. I ſhall not attempt to
refute à doctrine, which, if it was meant
for law, carries falíhood and abfurdity upon
the face of it; but, if it was meant for a de-
claration of your political creed, is clear and
conſiſtent. Under an arbitrary government,
all ranks and diſtinctions are confounded.
The honour of a nobleman is no more con-
fidered than the reputation of a peaſant, for,
with different liveries, they are equally
Alaves.
Even in matters of private property, we
fee the ſame biaſs and inclination to depart
from the deciſions of your predeceſſors,
which
JUNIUS, &c.
81
which you certainly ought to receive as evi-
dence of the common law. Inſtead of thofe
certain, pofitive rules, by which the judg-
ment of a court of law ſhould invariably be
determined, you have fondly introduced
your own unſettled notions of equity and ſub-
ftantial juſtice. Decifions given upon fuch
principles do not alarm the public ſo muchi
as they ought, becauſe the conſequence and
tendency of each particular inſtance, is not
obſerved or regarded. In the mean time the
practice gains ground; the court of King's
Bench becomes a court of equity, and the
judge, inſtead of conſulting ftri&tly 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 natu-
rally revive in your mind ſome of thoſe emo-
tions of fear and deteſtation, with which you
always beheld him.
That great lawyer,
that honeft man, faw your whole conduct
in the light that I do. After years of inef-
fe&tual reſiſtance to the pernicious principles
introduced by your Lordſhip, and uniformly
ſupported by your humble friends upon the
bench, he determined, to quit a court,
whoſe proceeding and deciſions he could nei-
ther afſent to with honour, nor oppoſe with
fuccefs.
E. 5
THE
82
LETTERS OF
The injuſtice done to an Individual * is
ſometimes of ſervice to the public. Facts
are apt to alarm us more than the moſt dan-
gerous principles. The ſufferings and firm-
neſs of a Printer have rouſed the public at-
tention. You knew and felt that your con-
du&t would not bear a parliamentary enquiry,
and you hoped to eſcape it by the meaneſt,
the baſeſt ſacrifice of dignity and conſiſtency,
that ever was made by a great magiſtrate.
Where was your firmneſs, where was that
vindi&tive ſpirit, of which we have ſeen ſo
many examples, when a man, fo inconſider-
able as Bingley, could force you to confeſs,
in the face of this country, that, for two
years together, you had illegally deprived an
Engliſh ſubject of his liberty, and that he
had triumphed over you at laſt? Yet I own,
my lord, that your's is not an uncommon
character. Women, and men like women,
are timid, vindi&tive, and irreſolute. Their
paſfions countera&t each other, and make the
ſame creature, at onc moment hateful, at
another contemptible. I fancy, my Lord,
fome time will elapfe before you venture to
The oppreſſion of an obſcure individual gave birth
to the famous Habeas Corpus A&t of 31 Car. 2. which
is frequently conſidered as another Magna Charta of the
kingdom.
Blackſtone, 3. 135.
com-
JUNIUS, &c.
83
commit another Engliſhman for refuſing to
anſwer interrogatories.*
The doctrine you have conſtantly deliver-
ed, in caſes of libel, is another powerful
evidence of a fettled plan to contract the legal
power of juries, and to draw queſtions, in-
ſeparable from fact, within the arbitrium of
the court. Here, my Lord, you have for-
tune of your fide. When you invade the
province of the jury, in matter of libel,
you, in effect, attack the liberty of the preſs,
and with a ſingle ſtroke, wound two of your
greateſt enemies.-In ſome inſtances you have
ſucceeded, becauſe jurymen are too often
ignorant of their own rights, and too apt to
be awed by the authority of a chief juſtice.
In other criminal proſecutions, the malice of
the deſign is confeſſedly as much the ſubject
of confideration to a jury, as the certainty of
the fact. If a different doctrine prevails in
the caſe of libels, why ſhould it not extend
to all criminal caſes ? —Why not to 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 ſubject ſhould be better
protected againſt you, than his liberty or pro-
* Bingley lay two years in priſon. It was thought
the matter might occaſion ſerious complaint, and there
fore he was diſcharged.
E 6
perty
84
LETTERS OF
perty. Why ſhould you enjoy the full power
of pillory, fine, and impriſonment, and not
be indulged with hanging or tranſportation ?
With your Lordſhip’s fertile genius and
merciful diſpoſition, I can conceive ſuch an
exerciſe of the power you have, as could
hardly be aggravated by that which you have
mot.
But, my Lord, ſince you have laboured,
(and not unſucceſsfully) to deſtroy the ſub-
ftance of the trial, why ſhould you fuffer the
form of the verdiæ to remain? Why force
twelve honeſt men, in palpable violation of
their oaths, to pronounce their fellow-ſubject
a guilty man, when, almoſt at the ſame mo-
ment, you forbid their enquiring into the only
circumſtance, which in the eye of law and
reaſon, conſtitutes guilt—the malignity or
innocence of his intentions But I under-
ſtand your Lordfhip.--If you could ſucceed
in making the trial by jury uſeleſs and ridicu-
lous, you might then with greater ſafety in-
troduce a bill into parliament for enlarging
the juriſdi&ion of the court, and extending
your favourite trial* by interrogatories to every
quef-
* The philoſophical poet doth notably deſcribe the
damnable and damned proceedings of the Judge of
Hell,
(« Gnoſlius
JUNIUS, &c.
85
queſtion, in which the life or liberty of an
Engliſhman is concerned.
on sa Wikipedy
Your charge to the jury, in the proſecu-
tion againſt Almon and Woodfall, † contra-
di&ts
« Gnoſſius hæc Rhadamanthus habet duriſſima regna,
“Caſtigatque, auditque dolos, fubigitque fateri.”
Firſt he puniſheth, and then he heareth : and laſtly com-
pelleth to confeſs, and makes and mars laws at his plea-
fure ; like as the Centurion, in the holy hiſtory did to
St. Paul, for the text faith, « Centurio apprehendi
« Paulum juſſit, and fe catenis, eligari, et tunc in-
“ TERROGABAT, quis fuiſſet, and quid feciſſet ;” but
good Judges and Juſtices abhor theſe courſes,
Coke 2. Inft. 55
+ In the late profecution of the printers for publish-
ing the addreſs of Junius to a Great Perſonage, the ju-
ries were never fairly dealt with. Lord Mansfield, con-
ſcious that the paper in queſtion contained no treaſonable
or libellous matter, and that the fevereſt parts of it,
however painful to the King, or offenfive to his fervants,
were ſtriāly true, would fain have reſtricted the jury to
the finding of ſpecial facts, which, as to the guilty or
not guilty, were merely indifferent. This particular
motive, combined with his general purpoſe to contract
the power of juries, will account for the charge he deli-
vered in Woodfall's trial. He told the jury, that they
had nothing to determine, except the fact of printing
and publiſhing, and whether or no the blanks, or inu-
endos were properly filled up in the information ;--but
that, whether the defendant had committed a crime, or
not, was no matter of conſideration to twelve men, who
yer
S6
LETTERS OF
diets the higheft legal authorities, as well as
the plaineſt dictates of reaſon. In Miller's
caufe, and ſtill more expreſsly in that of
Baldwin, you have proceeded a step farther,
to and
yet, upon their oaths, were to pronounce their peer
guilty, or not guilty. When we hear ſuch nonſenſe de-
livered from the bench, and find it ſupported by a la-
boured train of fophiftry, which a plain underftanding
is unable to follow, and which an unlearned jury, how-
ever it may ſhock their
reaſon, cannot be ſuppoſed qua
lified to refute, can it be wondered that they ſhould re-
turn a verdi&t, perplexed, abſurd, or imperfect? (They
brought in Woodfall guilty of printing and publiſhing
only). Lord Mansfield has not yet explained to the
world, why he accepted of a verdiet, which the court af-
terwards ſet aſide as illegal, and which, as it took no
notice of the inuendos, did not even correſpond with his
own charge. If he had known his duty he ſhould have
ſent the jury back. No lawyer, of character in Weſt-
minſter-hall, will contradict this. To ſhow the falſe-
hood of Lord Mansfield's doctrine, it is not neceſſary
to enter into the merits of the paper, which produced
the trial. If every line of it were treaſon, his charge to
the jury would fill be falle, abſurd, illegal, and un-
conſtitutional. If the merits of Junius's letter to the
King were ſtated here, it would be to imitate Lord Maos-
field, and to travel out of the record.
The following extra&t of a ſpeech made by Lord
Chatham on the nth of December, 1770, is taken with
correctneſs, it is curious in itſelf, and very much to the
preſent purpoſe. “ My Lords, the verdict, given in
“ Woodfall's trial, was, guilty of printing and publiſh.
" ing only; upon which two inotions were made in
court :
JUNIUS, &c.
$7
and groſsly contradicted yourſelf.-You may
know perhaps, though I do not mean to in-
ſult you by an appeal to your experience,
that the language of truth is uniform and
CON
« court;-one, in arreſt of judgment, by the defen-
“ dant's council, grounded upon the ambiguity of the
“ verdict ;--the other, by the council for the crown,
" for a rule upon the defendant, to thew cauſe, why
<< the verdict ſhould not be entered up according to
« the legal import of the words. On both motions, a
“ rule was granted, and ſoon after the matter was ar.
“ gued before the court of King's Bench. The noble
judge, when he delivered the opinion of the court up-
on the verdict, went regularly through the whole of
" the proceedings at Nifi Prius, as well the evidence
« that had been given, as his own charge to the jury.
« This proceeding would have been very proper, had a
“ motion been made of either ſide for a new trial, be-
* caufe either a verdi&t given contrary to evidence, or
an improper charge by the judge at Nifi Prius, is held
« to be a ſufficient ground for granting a new trial. But
“ when a motion is made in arreſt of judgment, or for
“ eſtabliſhing the verdiet, by entering it up according
" to the legal import of the words, it muſt be on the
ground of ſomething appearing on the face of the re-
“ cord; and the court, in conſidering whether the ver-
« di&t ſhall be eſtabliſhed or not, are ſo confined to the
“ record, that they cannot take notice of any thing that
“ does not appear on the face of it; in the legal phraſe,
* they cannot travel out of the record. The noble judge
" did travel out of the record, and I affirm that his dil.
" courſe was irregular, extrajudicial, and unprecedent-
" ed. His apparent motive, for doing what he knew
to be wrong, was, that he might have an opportunity
« of
88
L ETTERS
confiftent. To depart from it fafely, re-
quires memory and diſcretion. In the two
laft trials, your charge to the jury began, as
uſual, with aſſuring them that they had no-
thing
« of telling the public extrajudicially, that the other
“ three judges concurred in the doctrine laid down in
“ his charge."
When law and reaſon fpeak plainly, we do not want
authority to direct our underſtandings. Yet for the ho-
nour of the profeſſion, one lawyer may be oppoſed to
another, eſpecially when it happens that the King's At-
torney General has virtually diſclaimed the doctrine, by
which the Chief Juſtice meant to enſure ſucceſs to
the proſecution. The opinion of the plantiff's coun
cil, however it may be otherwiſe infignificant, is weighty
in the ſcale of the defendant.-My Lord Chief Juſtice
De Grey, who filed the information ex officio, is directly
with Junius. If he had concurred in Lord Mansfield's
doctrine, the trial muſt have been a very ſhort one. The
faéts were either admitted by Woodfall's council, or
eaſily proved to the ſatisfaction of the jury. But Mr.
De Grey, far from thinking he ſhould acquit himſelf of
his duty by barely proving the facts, entered larguły,
and not without ability, into the demerits of the paper,
which he called a feditious libel. He dwelt but lightly
upon thoſe points, which, according to Lord Mansfield,
were the only matter of confideration to the jury. The
criminal intent, the libellous matter, the pernicious ten-
dency of the paper itſelf, were the topics, on which he
principally inſiſted, and of which, for more than an
hour, he tortured his faculties to convince the jury. If
he agreed in opinion with Lord Mansfield, his diſcourſe
was impertinent, ridiculous, and unreafonable. But,
under
JUNIUS, &c.
89
thing to do with the law,--that they were to
find the bare fact, and not concern them-
felves about the legal inferences drawn from
it, or the degree of the defendant's guilt.
Thus
underſtanding the law as Junius does, what he ſaid was
at leaſt conſiſtent and to the purpoſe.
If any honeſt man ſhould be ſtill inclined to leave the
conſtruction of libels to the court, he is intreated to con-
ſider what a dreadful complication of hardſhips he im-
poſes upon his fellow-fubje&t. In the firſt place, the
proſecution commences by information of an officer of
the crown, not by the regular conftitutional mode of in-
dictment before a grand jury.--As the fa&t is uſually ad-
mitted, or in general can eaſily be proved, the office
of
the petty jury is nugatory. -The court then judges
the nature and extent of the offence, and determines ad
arbitrium, the quantum of the puniſhment, from a ſmall
fine to a heavy one, to repeated whipping, to pillory,
and unlimited impriſonment. Cutting off ears and
noſes might ſtill be inflicted by a reſolute judge ; but
it is candid to ſuppoſe that penaltics, ſo apparently
fhocking to humanity, would not be hazarded in theſe
times. In all other criminal proſecutions, the jury de-
cides upon the fact and the crime in one word, and the
court pronounces a certain ſentence, which is the fen-
tence of the law, not of the judge. If Lord Manf-
field's do&trine be received, the jury muſt either find a
verdi&t of acquittal, contrary to evidence, which, it is eaſy
to conceive, might be done by very conſcientious men,
rather than truſt a fellow creature to Lord Mansfield's
mercy, or they muſt leave to the court two offices, never
but in this inſtance united, of finding guilty, and a-
warding puniſhment.
LETTERS OF
Thus far you were conſiſtent with your
former practice.—But how will you account
for the concluſion? You told the jury that,
« if, after all, they would take upon them.
“ felves to determine the law, they might do
it, but they muſt be very ſure that they
* determined according to law, for it touch-
" ed their conſciences, and they acted at
“ their peril.”—If I underſtand your firſt
propoſition, you meant to affirm, that the
jury were not competent judges of the law
in the criminal caſe of a libel-that it did
not fall within their juriſdi&tion; and that,
with reſpect to them, the malice or innocence
of the defendants intentions would be a quef-
tion coram non judice.--But the ſecond
pro-
poſition clears away your own difficulties,
and reſtores the jury to all their judicial ca-
pacities. You make the competence I of
the court to depend upon the legality of the
deciſion. In the firſt inſtance you deny
the power abſoluteiy. In the ſecond, you
admit the power, provided it be legally exer-
ciſed. Now, my Lord, without pretending
to reconcile the diftin&tions of Weſtminſter-
hall with the fimple information of common-
fenſe, or the integrity of fair argument, I
# He maintained direélly the reverſe of this do&rine
vpon the deciſion of the Middleſex eleétion. On that
occaſion he declared that the deciſion muſt be legal, be-
cauſe the Court was competènt.
Thall
JUNIUS, &c.
91
ſhall be underſtood by your Lordſhip, when
I affert that, if a jury or any other court of
judicature (for jurors are judges) have no
right to entertain a cauſe or queſtion of law,
it fignifies nothing whether their deciſion be
or be not according to law. Their deciſion
is in itſelf a mere nullity: the parties are not
bound to ſubmit to it; and, if the jury run
any riſque of puniſhment, it is not for pro-
nouncing a corrupt or illegal verdict, but for
the illegality of meddling with a point, on
which they have no legal authority to de-
cide,
I CAN-
* These proſecutions coſt the crown 6000 l. and
ended in the total defeat of the proſecutors. In the
courſe of one of them Judge Aſton, one of the Judges
of the King's Bench had the unparalleled impudence to
tell Mr. Morris, a gentleman of honour and integrity,
who was giving his evidence upon oath, that he ſhould
pay very little regard to any affidavit he should make.
What drew this aſſertion from the judge was, Mr.
Morris ſaid in his affidavit, that he had purchaſed a
pamphlet, containing the addreſs of Junius to a Great
Perſonage, “ verily believing in his conſcience that the
" ſaid pamphlet did not contain any libelllous matter
“ whatſoever."
Correct extra&t from Mr. Morris's pamphlet ad-
dreſſed to Judge Aſton, and from his affidavit ſworn in
the Court of King's Bench, June 30th 1770.
“ The way in which this cenſure was introduced, I
will ſtate as exactly as my own memory, aſſiſted by thar
of
92
LETTERS OF
I CANNOT quit this ſubject without re-
minding your Lordſhip of the name of Mr.
Benſon, Without offering any legal ob-
jection, you ordered a ſpecial juryman to be
fet
20
of others, will permit. After having expreſſed your ex-
treme abhorrence of what you termed, themalice, fedition,
and falſehood, of that virulent and rancorous letter to the
king; you proceeded to ſay, that “ however aſioniſhing
" it might be, that there ſhould be found in the kingdom,
« one ſingle man, who ſhould entertain a different idea
“ of it, and venture to ſay in an affidavit, that it is not
a libel, you could not help conſidering it, as calculated
to vilify a moſt gracious and virtuous king, to alienate
“ the minds of the people from their ſovereign, and to ex-
“ cite inſurrection and rebellion." Soon after, in enu-
merating thoſe affidavits, which alone you faid had in-
fluenced the judgment of the court in the puniſhment
they were going to infli&t, you excepted mine, and ad-
ded, “ that as to the affidavit of THAT MAN, who had,
" though but in a parentheſis, put into his affidavil,
" that he did not think the letter ſigned Junius to be a
" libel, you ſhould, for your part, pay very little regard
" to any affidavit he should make." The plain and
obvious ſenſe of theſe polite and elegant expreſſions, I
take to be this. « Mr. Morris has, by this afidavit,
" Thewn himſelf to be a man of ſo abandoned a conſci-
“ ence, as not to deſerve credit in a court of juſtice."
If any man can prove theſe words to bear a different ime
port, I will ſubmit ; if not, ſubmiſſion ought to be
your's.
“ A JUDGE, ſeated in a court of juſtice, ſo tenacious of
their power to revengecontempts upon themſelves, fo ready
to vindicate the characters of ininiſters of flate, great men
n
JUNIUS; &c.
93
fet afide in a cauſe, where the King was pro-
fecutor. The novelty of the fact required
explanation. Will you condeſcend to tell
the world by what law or cuftom you were
autho-
in office,and even the members of the houſe of commons;
ſuch jealous protectors of every man's good name; fo
ready to puniſh all offenders againft the reputation of
their neighbours ; ought furely to be the laſt to ſet an
example of flander, or to incur that reproach, which has
often been thrown upon the bar (but never I hope be-
fore upon the bench) of uſing the privilege of their ſta-
tion, to caſt abuſe upon the characters of private men,
who might attend to give their evidence. But that a
judge, ſo diftinguifhed too for his humanity, gentle
manners and politeneſs, as Mr. Juſtice Afton, ſhould in
in the ſame breath, with which he is condemning a li-
beller, fubject himſelf to a ſimilar accuſation ; a judge,
who in a charge to the grand juries at Dublin declared,
that « character was to every man of a generous mind
“ dearer than his property ;” that he ſhould make ſo
public and ſevere an attack upon another's reputation,
is perfe&tly aftoniſhing, not ſo much from the diſpoſition,
as from the imprudence of the ſpeaker. Lay, Sir, your
hand upon your heart, and confeſs to me, whether you
are ſerious, in fufpe&ting upon ſo flight an occaſion, a
gentleman, of (whom you had never heard other ill,
than that he differed with you in politics) of the horrid
crime of perjury. I am afraid, Sir, this dreadful ſin,
this mockery of a folemn appeal to God muſt lie very
light upon your mind, that you can fo eaſily beſtow
the cenſure upon me.
But if I am not charged to
have committed perjury, why do you ſay, you ſhall
pav no attention to any affidavit that I ſhall make ?
A charge, which from the place in which it was made
94
L E T T ERS OF
authoriſed to make a peremptory challenge of
a juryman? The parties indeed have this
power, and perhaps your Lordſhip, having
accuſtomed yourſelf to unite the characters of
judge and party, may claim it in virtue of
the new capacity you have affumed, and pro-
fit by your own wrong. The time, within
which you might have been puniſhed for this
daring attempt to pack a jury, is, I fear,
elapſed; but no length of time ſhall eraſe the
record of it.
The miſchiefs you have done this coun-
try, are not confined to your interpretation of
the laws. You are a miniſter, my Lord, and
as ſuch, have been long conſulted. Let us
candidly examine what uſe you have made of
rour miniſterial influence. I will not de
will by ſome be thought an act of cowardice; but they
will at the ſame time recollect, that the coward and the
bluſterer uſually go together.”
MR. Morris is a barriſter, and was ſecretary to the
Bill of Rights at its firſt inſtitution. He afterwards
eloped with Miſs Harford, the great heireſs, daughter
of the late Lord Baltimore, and married her ; but the
young lady after living with him ſome time, dropped all
connection with him. Hier reaſons for this condu&t are
the more unaccountable, as Mr. Morris always behaved
to her with the greateſt tenderneſs and reſpect. This.
gentleman was lately ſecond to the Rev. Mr. Allen in
the ducl in which Mr. Lloyd Dulany fell.
fcend
JUNIUS, &c.
95
ſcend to little matters, but come at once to
thoſe important points, on which your reſo .
lution was waited for, on which the expe&ta-
tion of your opinion kept a great part of the
nation in fufpence.--A conftitutional quef-
tion ariſes upon a declaration of the law of
parliament, by which the freedom of election,
and the birthright of the ſubject were ſuppor-
ed to have been invaded.---The King's fer-
vants are accuſed of violating the conſtitution.
The nation is in a ferment. The a-
bleft men of all parties engage in the queſtion,
and exert their utinoft abilities in the diſcut-
fion of it.-What part has the honeſt Lord
Mansfield acted? As an eminent judge of the
law, his opinion would have been reſpected.
As a peer, he had a right to demand an
audience of his Sovereign, and inforın him
that his miniſters were purſuing unconſtitu-
tional meaſures.-Upon other occaſions, my
Lord, you have no difficulty in finding your
way into the cloſet. The pretended neutra-
lity of belonging to no party, will not ſave
your reputation. In queſtions merely politi-
cal, an honeſt man may ſtand neuter. But
the laws and conſtitution are the general pro-
perty of the ſubject; not to defend is to re-
linquiſh ; —and who is there ſo ſenſeleſs as
to renounce his ſhare in a common benefit,
unleſs he hopes to profit by a new diviſion
of the ſpoil. As a lord of parliament, you
Tere
96
L E T T E R S
commons.
were repeatedly called upon to condemn or
defend the new law declared by the houſe of
You affected to have ſcruples,
and every expedient was attempted to remove
them.-The queſtion was propoſed and urged
to you in a thouſand different ſhapes.--Your
prudence ſtill ſupplied you with evaſion ;---
your reſolution was invincible. For my own
part, I am not anxious to penetrate this fo-
lemn ſecret. I care not to whoſe wiſdom it
is intruſted, nor how ſoon you carry it with
you to your grave.* You have betrayed your
opinion by the very care you have taken to
conceal it. It is not from Lord Mansfield
that we expect any reſerve in declaring his
real ſentiments in favour of government, or
in oppoſition to the people; nor is it difficult
to account for the motions of a timid, dif-
honeſt heart, which neither has virtue enough
to acknowledge truth, nor courage to contra-
di&t it.—Yet you continue to ſupport an ad-
miniſtration which you know is univerſally
odious, and which, on ſome occaſions, you
yourſelf ſpeak of with contempt. You would
fain be thought to take no ſhare in govern-
ment, while, in reality, you are the main
* His Lordſhip faid in the houſe of peers, that he
believed he ſhould carry his opinion with him to the
grave. After that declaration he intrufted it, in fpe-
cial confidence, to the wiſe Duke of Cumberland.
ſpring
JUNIUS, &c.
97
ſpring of the machine.--Here too we trace
the little, prudential policy of a Scotchman.
Inſtead of acting that open, generous part,
which becomes your rank and ftation, you
meanly ſkulk into the cloſet and give your
Sovereign ſuch advice, as you have not fpirit
to avow or defend. You ſecretly ingroſs the
power, while you decline the title of mini-
fter; and though you dare not be Chancel-
lor, you know how to ſecure the emoluments
of the office. Are the ſeals to be for ever
in commiſſion, that you may enjoy five thou-
fand pounds a year? - beg 'pardon, my
Lord your fears have interpoſed at laſt,
and forced you to reſign. The odium of
continuing ſpeaker of the houſe of lords,
upon ſuch terms, was too formidable to be
reſiſted. What a multitude of bad paſſions
are forced te fubmit to a conſtitutional in.
firmity! But though you have relinquiſhed
the ſalary, you ſtill aſſume the rights of a
miniſter. --_Your conduct, it ſeems, muſt be
defended in parliament.--For what other
purpoſe is your wretched friend, that mifer-
able ſerjeant, poſted to the houſe of commons?
Is it in the abilities of Mr. Leigh to defend
the great Lord Mansfield ?---Or is he only
the punch of the puppet-fhew,* to ſpeak as
This paragraph gagged poor Leigh.
VOL. II.
F
he
98
LETTERS OF
he is prompted, by the CHIEF JUGGLER
behind the curtain?
In public affairs, my Lord, cunning, let it
be ever ſo well wrought, will not conduct a
man honourably through life. Like bad mo-
ney, it may be current for a time, but it
will foon be cried down. It cannot conſiſt
with a liberal fpirit, though it be ſometimes
united with extraordinary qualifications.
When I acknowledge your abilities, you
may believe I am fincere. I feel for human
nature, when I ſee a man, ſo gifted as you
are, deſcend to ſuch vile practiſes.Yet do
not ſuffer your vanity to conſole you too ſoon.
Believe me, my good Lord, you are not ad-
mired in the ſame degree, in which you are
deteſted. It is only the partiality of your
friends, that balances the defects of your
heart with the ſuperiority of yır underſtand-
ing. No learned man, even among your
own tribe, thinks you qualified to preſide in
a court of common law. Yet it is confeſſed
that, under Juſtinian, you might have made
an incomparable Pretor.-It is remarkable
enough, but I hope not ominous, that the
kaws you underſtand beſt, and the judges you
affea to admire moſt, flouriſhed in the de-
cline of a great empire, and are ſuppoſed to
have contributed to its fall.
HERE,
JUNIUS, &c.
99
The per-
HERE, my Lord, it may be proper for
us to pauſe together. It is not for my
own fake that I wiſh you to conſider the
delicacy of your ſituation. Beware how you
indulge the firſt emotions of your reſent-
ment. This paper is delivered to the
world, and cannot be recalled.
fecution of an innocent printer cannot al-
ter facts, nor refute arguments. Do not
furniſh me with farther materials againſt
yourſelf. An honeſt man, like the true re-
ligion, appeals to the underſtanding, or mo.
deſtly confides in the internal evidence of
his conſcience. The impoſtor employs force
inſtead of argument, impoſes filence where
he cannot convince, and propagates his cha-
raéter by the ſword.
JUNIUS.
LETTER
100
L ET TERS OF
L E T T E R LVIII.
To
THE
PUBLIC
PRINTER
OF THE
ADVERTISER,
SIR,
January 30, 1771.
IF
F we recolle&t in what manner the King's
Friends have been conſtantly employed,
we ſhall have no reaſon to be ſurprized at
any condition of diſgrace, to which the once
reſpected name of Engliſhmen may be de-
graded. His Majeſty has no cares but ſuch
as concern the laws and conſtitution of this
country. In his royal breaſt there is no room
left for reſentment, no place for hoſtile fenti-
ments againſt the naturalenemies of his crown.
The ſyſtem of government is uniform.
Violence and oppreſſion at home can only
be ſupported by treachery and ſubmiſſion a-
broad. When the civil rights of the people
are daringly invaded on one ſide, what have we
to expect, but that their political rights ſhould
be deferted and betrayed, in the ſame propor-
tion, on the other? The plan of domeſtic po-
licy, which has been invariably purſued, from
the moment of his preſent Majeſty's acceſſion,
engroſſes all the attention of his ſervants,
They know that the ſecurity of their places
de-
.
wmdlenier
JUNIUS, &c.
10
depends upon their maintaining, at any ha-
zard, the ſecret ſyſtem of the clofet. A fo-
reign war might embarraſs, an unfavourable
event might ruin the miniſter, and defeat the
deep-laid ſchme of policy, to which he and
his aſſociates owe their employments. Rather
than faffer the execution of that ſcheme to
be delayed or interrupted, the King has been
adviſed to make a public ſurrender, a folemn
facrifice, in the face of all Europe, not only
of the interefts of his fubje&s, but of his own
perſonal reputation, and of the dignity of
that crown, which his predeceſſors have
ivorn with honour. Theſe are ftrong terms.
Sir, but they are ſupported by fact and argu-
inent.
10
The King of Great Britain had been for
fome years in poſſeſſion of an iſland *
which, as the miniſtry themſelves have repeat-
edly allerted, the Spaniards had no claim of
right. The importance of the place is not in
queſtion. If it were, a better judgment might
to
* FALKLANDS ISLAND, which we had taken poſ-
feſſion of, and from which the Spaniards diſpoſſeſſed us
June 10th, 1770. This inſult had like to have brought
on a war, The buſineſs however terminated in a nego-
ciation. The Spaniards agreed to deliver up the iſland
again, which they a&tually did on the 16th of Septem-
-ber 1771; and we on our part agreed to abandon it af-
ter ſuch ſurrender, which we alſo performed.
ich we a
F3
be
LETTERS OF
be formed of it from the opinion of Lord An-
ſon and Lord Egmont, and from the anxiety
of the Spaniards, than from any fallacious in-
finuations thrown out by men, whoſe intereſt
it is to undervalue that property, which they
are determined to relinquiſh. The preten-
fions of Spain were a ſubject of negociation
between the two courts. They had been
diſcuſſed, but not admitted. The King of
Spain, irf theſe circumſtances, bids adieu to
amicable negociation, and appeals directly to
the ſword. The expedition againſt Port Eg-
mont does not appear to have been a fudden
ill-concerted enterprize. It ſeems to have
been conducted not only with the uſual mi.
litary precautions, but in all the forms and
ceremonies of war. A frigate was firſt em-
ployed to examine the étrength of the place.
A meſſage was then fent, demanding imme-
diate poffeffion, in the Catholic King's name,
and ordering our people to depart. At laſt a
military force appears, and compels the gar-
rifon ta furrender. A formal capitulation
enſues, and his Majeſty's fhip, which might
at leaſt have been permitted to bring home
his troops immediately, is detained in port
twenty days, and her rudder forcibly taken
away. This train of facts carries no appear-
ance of the raſhneſs or violence of a Spaniſh
governor. On the contrary, the whole plan
ſeems to have been formed and executed, in
con-
JUNIUS, &c.
103
conſequence of deliberate orders, and a regular
inſtruction from the Spaniſh court. Mr. Bu,
carelli is not a pirate, nor has he been treated
as ſuch by thoſe who employed him. I feel
for the honour of a gentleman, when I affirm.
that our King owes him a fignal reparation.
Where will the humiliation of this country
end ! A King of Great Britain, not con-
tented with placing himſelf upon a level with
a Spaniſh governor, deſcends fo low as to do
a notorious injuſtice to that governor. Asa
falvo for his own reputation, he has been adviſ-
ed to traduce the character of a braţe officer,
and to treat him as a common robber, when
he knew with certainty that Mr. Bucarelli
had a&ted in obedience to his orders, and had
done no more than his duty. Thus it hap-
pens in private life, with a man who has no
{pirit nor ſenſe of honour.-One of his equals
arders a ſorvant to ſtrike him.--Inſtead of re-
turning the blow to the master, his courage is
contented with throwing an aſperſion, equally
falſe and public, upon the character of the
fervant.
This ſhort recapitulation was neceffary to
introduce the confideration of his Majeſty's
ſpeech of 13th November, 1770, and the
ſubſequent meaſures of government.
The
exceſſive caution, with which the fpeech was
drawal up, had impreſſed upon me an early
F 4
CON-
LETTERS
O
convi&ion, that no ferious reſentment was
thought of, and that the concluſion of the
bufinefs, whenever it happened, muſt, in fome
degree, be diſhonourable to England. There
appears through the whole ſpecch a guard and
reſerve in the choice of expreſſion, which ſhews
how careful the miniftry were not to cmbarrafs
their future projects by any firm or fpirited
declaration from the throne. When all hopes
of peace are loft, his Majeſty tells his parlia.
ment, that he is preparing,_not for barba-
rous war, but (with all his mother's ſoftneſs)
for a different ſituation.----An open hoftility,
authoriſed by the Catholic King, is called
as aa of a governor. This a&t, to avoid the
mention of a regular fiege and ſurrender, paſſes
under the piratical deſcription of ſeizing by
forces and the thing taken is deſcribed, not as
a part of the King's territory or proper do-
minion, but merely as a poſeffion, a word ex-
preſsly chofen in contradiftin&tion to, and ex-
cluſion of the idea of right, and ro prepare us
for a future ſurrender both of the right and of
the poffeffion. Yet this ſpeech, Sir, cautious
and equivocal as it is, cannot, by any ſo-
phiftry, be accommodated to the meaſures,
which have ſince been adopted. It ſeemed
to promiſe, that whatever might be given up
by ſecret ſtipulation, fome care would be taken
to fave appearances to the public. The event
fliews us, that to depart, in the minuteft ar-
ticle
JUNIUS, &c.
105
ticle, from the nicety and ftri&neſs of punc-
tilio, is as dangerous to national honour, as
to female virtue. The woman, who admits
of one familiarity, feldom knows where to
ſtop, or what to refuſe; and when the coun-
fels of a great country give way in a ſingle
inſtance, when they once are inclined to
ſubmiſſion, every ſtep accelerates the rapidity
of the deſcent. The miniſtry themſelves, when
they framed the ſpeech, did not foreſee, that
they ſhould ever accede to ſuch an accommo
dation, as they have ſince adviſed their maſter
to accept of.
The King ſays, The honour of my crown and
the rights of my people are deeply affe Eted. The
Spaniard, in his reply, ſays, I give you back
pollion, but I adhere to my claim of prior right,
reſerving the affertion of it for a more favourable
opportunity
The ſpeech ſays, I made an immediate de-
mand of fatisfaétion, and if that fails, I am
prepared to do myſelf juſtice. This immediate
demand muſt have been ſent to. Madrid on the
12th of September, or in a few days after.
It was certainly refuſed, or evaded, and the
King has not done himſelf juſtice. When
the firſt inagiſtrate ſpeaks to the nation, ſome
care ſhould be taken of his apparent veracity.
E 5
THE
106
LET TE R$ of
The ſpeech proceeds to ſay, I shall not
diſcontinue my preparations until I have received
proper reparation for the injury. If this affu-
rance may be relied on, what an enormous
expence is entailed, fine die, upon this un-
happy country! Reftitution of a poffeffion,
and reparation of an injury are as different irr
fübftance, as they are in language. The
very ad of reſtitution may contain, as in
this inſtance it palpably does, a ſhameful
aggravation of the injury. A man of ſpirit
does not meaſure the degree of an injury by
the inere pofitive damage he has ſuſtained.
He confiders the principle on which it is
founded; he refents the fuperiority aſſerted
over him, and rejects with indignation the
claim of right, which his adverfary endeavours.
to eſtabliſh, and would force him to acknow
ledge.
The motives, on which the Catholic
King makes reſtitution, are, if poſſible,
more infolent and diſgraceful to our Sove*
reign, than even the declaratory condition
annexed to it. After taking four months to
confider, whether the expedition was under
taken by his own orders or not, he conde
fcends to diſavow the enterprize, and to re-
ſtore the iſland, ----not from any regard to
juſtice;—not from any regard he bears to his
Britannic Majeſty, but merely from the per
ſuaſion,
JU NI VS, &c.
107
fuafion, in which he is; of the pacife ſentiments
of the King of Great Britain.-At this rate, if
our King had diſcovered the ſpirit of a man,
--if he had made a peremptory demand of
ſatisfaction, the King of Spain would have
given him a peromptory refufal. But why
this unfeaſonable, this ridiculous mention of
the King of Great Britain's pacific inten-
tions? Have they ever been in queſtion ?
Was He the aggreſſor? Does he attack fo..
reign powers without provocation? Does he
even refift, when he is infulted ? No, Sir, if
any ideas of ſtrife or hoſtility have entered
his royal mind, they have a very different di-
re&ion. The enemies of England have no
thing to fear from them.
After all, Sir, to what kind of diſavowal
has the King of Spain at laſt conſented? Sup-
poſing it made in proper time, it ſhould have
been accompanied with inſtant reſtitution
and if Mr. Bucarelli acted without orders,
le deſerved death. Now, Sir, inſtead of
inmediate reſtitution, we have a four months
negociation, and the officer, whoſe act is
diſavowed, returns to court, and is loaded
with honours,
If the a&tual ſituation of Europe be confi-
dered, the treachery of the King's fervants,
particularly of Lord North, who takes the
F 6
whole
108
LETTERS OF
whole upon himſelf, will appear in the ſtrong-
eft colours of aggravation. Our allies were
maſters of the Mediterranean. The King of
France's preſent averſion from war, and the
diſtraction of his affairs are notorious. He
is now in a ſtate of war with his people.
In vain did the Catholic King ſolicit him to
take part in the quarrel againſt us. His fi.
nancas, were in the laſt diſorder, and it was
probable that his troops might find ſufficient
employment at home. In thefe circumſtances,
we might have di&tated the law to Spain.
There are no terms, to which ſhe might not
have been compelled to ſubmit. At the worſt,
a war with Spain alone, carries the faireit
promiſe of advantage. One good effect at
leaſt would have been immediately produced
by it. The deſertion of France would have
irritated her ally, and in all probability have
diffolved the family compact. The ſcene is
now fatally changed. The advantage is
thrown away. The moſt favourable opportu-
nity is loft.--Hereafter we ſhall know the
value of it. When the French King is re-
conciled to his ſubjects; when Spain has
completed her preparations ; when the col-
lected ſtrength of the houſe of Bourbon
attacks us at once, the King himſelf will be
able to determine upon the wiſdom or impru-
dence of his preſent conduct. As far as the
probability of argument extends, we may
fafely
JUNIUS, &c.
109
ſafely pronounce, that a conjuncture, which
threatens the very being of this country,
has been wilfully prepared and forwarded by
our own miniſtry. How far the people may
be animated to reſiſtance under the preſent ad-
miniſtration, I know not; but this I know
with certainty, that, under the prefent admi-
niftration, or if any thing like it ſhould con-
tinue, it is of very little moment whether we
are a conquered nation or not *
HAVING travelled thus far in the high
road of matter of fact, I may now be permit-
ted to wander a little into the field of imagi-
* The King's acceptance of the Spaniſh Ambaſſa-
dor's declaration, is drawn up in barbarous French, and
ſigned by the Earl of Rochford. This diplomatic Lord
has ſpent his life in the ſtudy and practice of Etiquettes,
and is ſuppoſed to be a profound maſter of the cere-
monies. I will not infult him by any reference to gram
mar or common ſenſe, if he were even acquainted with
the common forms of his office, I ſhould think him as
well qualified for it, as any man in his Majeſty's ſer-
vice.—The reader is requeſted to obſerve Lord Roch-
ford's method of authenticating a public inſtrument.
“ En foi de quoi, moi foulligné, un des principaux Se-
« cretaires d'Etat S. M. B. ai ſigné la preſente de ma
" fignature ordinaire, et icelle fait appoſer le cachet de
nos Armes.” In three lines there are no leſs than
ſeven falſe concords. But the man does not even know
the ſtile of his office If he had known it, he would
have ſaid “ nous, ſouſſigné Secretaire d'Etat de S. M. B.
avons figné &c."
nation.
110
LETTERS OF
nation. Let us baniſh from our minds the
perſuaſion that thefe events have really hap-
pened in the reign of the beſt of princes.
Let us conſider them as nothing more than
the materials of a fable, in which we may
conceive the Sovereign of ſome other country
to be concerned, I mean to violate all the
laws of probability, when I ſuppoſe that this
imaginary King, after having voluntarily
diſgraced himſelf in the eyes of his ſubjects,
might return to a ſenſe of his diſhonour ;-
that he might perceive the fnare laid for him
by his miniſters, and feel a ſpark of ſhame
kindling in his breaſt.-The part he muſt
then be obliged to act, would overwhelm him
with confufion. To his parliament he muſt
fay, I called you together to receive your advice.
and have never aſked your opinion.-To the
merchant,-- I have diſtreſſed' your commerce
I have dragged your ſeamen out of your ſhips,
I have loaded you with a grievous weight of in--
furances. --To the landholder,--I told you wan
was too probable, when I' was determined to fub-
mit to any terms of accommodation; I extorted
new taxes from you before it was poſſible they
could be wanted, and am now unable io account:
for the application of them.--To the public
creditor,--I have delivered up your fortunes a
prey to foreigners and to the viléſt of your fellow
ſubjects. Perhaps this repenting Prince might
conclude with one general acknowledgement
to
JUNIUS, ,
&c.
mu fubjets in anxiety and diſtreſs, and have
to them all, I have involved every rank of
nothing to offer you in return, but the certainty
of national diſhonour, an armed truce, and peace
without ſecurity.
If thefe accounts were ſettled, there would
ſtill remain an apology to be made to his
navy and to his army. To the firſt he would
fay, you were once the terror of the world. But
go back to your harbours. A man diſhonoured,
as I am, has no uſe for your fervice. It is not
probable that he would appear again before
his foldiers, even in the pacific ceremony of
a review
But wherever he appeared, the
humiliating confeffion would be extorted from
him. I have received a blow, and had not
Spirit to reſent it. I demanded ſatisfaction,
and have accepted a declaration, in which the
right to frike me again is aſſerted and confirmed.
His countenance at leaſt would fpeak this
language, and even his guards would bluſh
for him.
But to return to our argument. -The mi-
niſtry, it ſeems, are labouring to draw a line of
diſtinction between the honour of the crown
and the rights of the people. This new idea
has yet been only ſtarted in diſcourſe, for in ef-
feet both objects have been equally facrificed.
I neither underſtand the diftin&ion, nor what
uſe
112
L ET TERS OF
uſe the miniſtry propoſe to make of it. Tuc
King's honour is that of his people. Their
real honour and real intereſt are the fame.-
I am not contending for a vain pun&tilio.
A clear, unblemiſhed character comprehends
not only the integrity that will not offer, but
the fpirit that will not ſubmit to an injury ;
and whether it belongs to an individual or
to a community, it is the foundation of
peace, of independence, and of ſafety. Pri-
vate credit is wealth ; public honour is fe-
curity. The feather that adorns the royal
bird, ſupports his flight. Strip him of his
plumage and you fix him to the earth.
JUNIUS.
L E T T E R LIX..
TO THE PRINTER OF THE PUBLIC AD-
VERTISER..
SIR,
6 February, 1771.
I
HOPE your: correſpondent Junius is
better employed than in anſwering or
reading the criticiſins of a news-paper. This
is a talk, from which, if he were inclined to
fubmit to it, his friends ought to relieve him..
Upon this principle, I ſhall undertake to an-
ſwer
JUNIUS, &c.
113
fwer Anti-Junius ; more, I believe, to his
conviction than to his fatisfaction. Not
daring to attack the main body of Junius's
laſt letter; he triumphs in having, as he
thinks, ſurpriſed an out-poſt, and cut off a
detached argument, a mere ftraggling propo-
fition. But even in this petty warfare, he
fhall find himſelf defeated.
JUNIus does not ſpeak of the Spaniſh
nation as the natural enemies of England. He
applies that deſcription, with the ſtricteſt
truth and juſtice, to the Spaniſh Court. From
the moment, when a Prince of the Houſe of
Bourbon aſcended that thrơne, their whole
fyftem of government was inverted and be-
came hoftile to this country. Unity of pof-
ſeſſion introduced a unity of politics, and
Lewis the fourteenth had reaſon when he ſaid
to his grandſon, “ The Pyrenees are removed."
The hiſtory of the prefent century is one
continued confirmation of the prophecy.
The aſſertion “ That violence and oppref-
“. fion at home can only be ſupported by treachery
“ and ſubmiſion abroad,” is applied to a free
people, whoſe rights are invaded, not to the
government of a country, where deſpotic
or abſolute power is confeſſedly veſted in the
prince; and with this application, the aſſer-
tion is true. An abſolute monarch having no
points
114
OF
L ET T E R &
points to carry at home, will naturally main-
tain the honour of his crown in all his tranſ-
a&ions with foreign powers. But if we could
fuppoſe the fovereign of a free nation pof-
feſſed with a defign to make himſelf abſolute,
he would be inconſiſtent with himſelf if he
fuffered his projects to be interrupted or em-
barraſſed by a foreign war ; unleſs that war
tended, as in ſome caſes it inight, to promote
his principal deſign. Of the three excep-
tions to this general rule of conduct, (quoted
by Anti-Junius) that of Oliver Cromwell
is the only one in point. Harry the Eighth,
by the fubmiffion of his parliament, was as
abſolute a prince as Lewis the Fourteenth.
Queen Elizabeth's government was not op
preſſive to the people ; and as to her foreign
wars, it ought to be conſidered that they
were unavoidable. The national honour was
not in queſtion. She was compelled to fight
in defence of her own perſon and of her title
to the crown. In the cominon cauſe of ſelf-
iſh policy, Oliver Cromwell ſhould have cul.
tivated the friendſhip of foreign powers, or
at leaſt have avoided diſputes with them,
the better to eſtabliſh his tyranny at home.
Had he been only a bad man, he would have
facrificed the honour of the nation to the
ſucceſs of his domeſtic policy. But, with all
his crimes, he had the ſpirit of an Engliſh-
man. The conduct of ſuch a man muſt al-
ways
JUNIUS, &c.
115
ways be an exception to vulgar rules. He
kad abilities ſufficient to reconcile contra-
dictions, and to make a great nation at the
ſame moment unhappy and formidable. If it
were not for the reſpect I bear the miniſter, I
could name a man, who, without one grain
of underſtanding, can do half as much as
Oliver Cromwell.
WHETHER or no there be a ſecret ſyſtem in
the cloſet, and what may be the obje&t of it,
are queſtions, which can only be determined
by appearances, and on which every man
muſt decide for himſelf.
THE whole plan of Junius's letter proves
that he himſelf makes no diſtinction between
the real honour of the crown and the real in,
tereſt of the people. In the climax, to which
your correfpondent objects, Junius adopts the
language of the Court, and, by that confor-
mity, gives ſtrength to his argument. He
ſays that, “ the King has not only facrificed the
intereſts of his people, but, (what was likely
to touch him more nearly,) his perfonal re-
putation and the dignity of his crown.”
The queries, put by Anti- Junius, can
only be anſwered by the miniftry. Aban-
doned as they are, I fancy they will not con-
feſs that they have for ſo many years, main-
tained
116
OF
LETTERS
tained poffeffion of another man's property.
After admitting the affertion of the miniſtry
-viz. that the Spaniards had no rightful claim,
and after juftifying them for ſaying fo ;-it is
bis buſineſs not mine, to give us fome good
reaſon for their ſuffering the pretenſions of Spain
to be a ſubjeët of negociation. He admits the
facts;- let him reconcile them if he can.
Tue laſt paragraph brings us back to the
original queſtion, whether the Spaniſh decla-
tation contains ſuch a ſatisfaction as the King
of Great Britain ought to have accepted.
This was the field, upon which he ought to
have encountered Junius openly and fairly.
But here he leaves the argument, as no longer
defenſible. I thall therefore conclude with one
general admonition to my fellow ſubjects ;-
that, when they hear theſe matters debated,
they ſhould not ſuffer themſelves to be miſled
by general declamations upon the conveniences
of peace, or the miſeries of war. Between
peace and war, abftractedly, there is not, there
cannot be a queſtion in the mind of a rational
being. The real queſtions are, Have we any
ſecurity that the peace we have ſo dearly purchaſed
will laſt a twelvemonth ? and if not, -have we,
or have we not, facrificed the faireſt opportunity
of making war with advantage ?
PHILO JUNIUS.
LETTER
JUNIUS, &c.
܀ ܀
LETTER
LX.
TO THE PRINTER OF THE PUBLIC AD-
VERTISER
SIR,
22 April, 1771.
TO
O write for profit without taxing the
preſs ;-—to write for fame and to
be unknown to ſupport the intrigues of
faction and to be diſowned, as a dangerous
auxiliary, by every party in the kingdom,
are contradictions, which the miniſter muſt
reconcile, before I forfeit my credit with
the public. I may quit the ſervice, but it
would be abſurd to ſuſpect me of deſertion.
The reputation of theſe papers is an honour-
able pledge for my attachment to the people.
To facrifice a reſpected character, and to re-
nounce the eſteem of fociety, requires more
than Mr. Wedderburne's * reſolution ; and
though, in him, it was rather a profeſſion
than a deſertion of his principles, [I ſpeak
* MR. WeddERBURNE had once left the Miniſte-
rial party and joined Oppoſition, but he foon returned
to his old friends.
ofition, but he foc
ten
L ETT ERS OF
tenderly of this gentleman, for when treache-
ry is in queſtion, I think we ſhould make
allowances for a Scotchman,] yet we have
ſeen him in the houſe of commons over-
whelmed with confufion, and almoſt bereft
of his faculties. But in truth, Sir, I have
left no room for an accommodation with the
piety of St. James's. My offences are not
to be redeemed by recantation or repentance.
On one ſide, our warmeſt patriots would dif-
claim me as a burthen to their honeſt ambi-
tion. On the other, the vileft proſtitution,
if Junius could deſcend to it, would loſe its
natural merit and influence in the cabinet,
and treachery be no longer a recommendation
to the royal favour.
The perſons, who, till within theſe few
years, have been moſt diſtinguiſhed by their
zeal for high church and prerogative, are
now it feems, the great affertors of the pri-
vileges of the houfe of commons. This fud-
den alteration of their ſentiments or lan-
guage carries with it a ſuſpicious appear-
ance. When I hear the undefined privileges
of the popular branch of the legiſlature ex-
alted by Tories and Jacobites, at the ex-
pence
of thoſe ſtriết rights, which are known
to the ſubje& and limited by the laws, I
cannot but ſuſpect, that ſome miſchievous
ſcheme is in agitation, to deſtroy both law
and
JUNIUS, &c.
119
and privilege, by oppofing them to each
other. They who have uniformly denied the
power of the whole legiſlature to alter the
defcent of the crown, and whoſe anceſtors,
in rebellion againſt his Majeſty's family,
have defended that doctrine at the hazard of
their lives, now tell us that privilege of par-
liament is the only rule of right, and the
chief ſecurity of the public freedom.. I fear
Sir, that, while forms remain, there has been
fome material change in the ſubſtance of our
conftitution. The opinions of theſe men
were too abſurd to be fo eaſily renounced. Li-
beral minds are open to conviction-Liberal
doctrines are capable of improvement.-
There are profelites from atheiſm, but none
from fuperitition. If their preſent profef-
fions were fincere, I think they could not but
be highly offended at feeing a queſtion, con-
cerning parliamentary privilege, unneceſſa-
rily ſtarted at a ſeafon ſo unfavourable to the
houſe of commons, and by ſo very mean and
inſignificant a perſon as the minor Onſlow.
They knew that the preſent houſe of com
mons, having commenced hoftilities with the
people, and degraded the authority of the
laws by their own example, were likely
enough to be reſiſted, per fas & nefas. If
they were really friends to privilege, they
would have thought the queſtion of right too
dangerous to be hazarded at this ſeaſon, and,
with-
120
LETTERS
without the formality of a convention, would
have left it undecided.
I HAVE been filent hitherto, though not
from that ſhameful indifference about the in-
tereſts of ſociety, which too many of us pro-
fefs, and call moderation. I confeſs, Sir,
that I felt the prejudices of my education, in
favour of a houſe of commons, ſtill hanging
about me. I thought that a queſtion, be-
tween law and privilege, could never be
brought to a formal deciſion, without incon-
venience to the public ſervice, or a manifeſt
diminution of legal liberty ;--that it ought
therefore to be carefully avoided : and when
I ſaw that the violence of the houſe of com-
mons "had carried them too far to retreat, I
determined not to deliver a hafty opinion
upon a matter of ſo much delicacy and im-
portance.
The ſtate of things is much altered in this
country, ſince it was neceſſary to protect our
repreſentatives againſt the dire& power of
the crown. We have nothing to apprehend
from prerogative, but every thing from un-
due influence. Formerly it was the intereſt
of the people, that the privileges of parlia-
ment ſhould be left unlimited and undefined.
At preſent it is not only their intereſt, but I
hold it to be effentially neceſſary to the pre-
fervation
JUNIUS, &c.
ſervation of the conſtitution, that the privi-
leges of parliament ſhould be ſtrictly aſcer-
tained, and confined within the narroweſt
bounds the nature of their inſtitution will ad-
mit of. Upon the fame principle, on which
I would have refifted prerogative in the laſt
century, I now reſiſt privilege. It is indif-
ferent to me, whether the crown, by its own
immediate act, impoſes new, and diſpenſes
with old laws, or whether the ſame arbitrary
power produces the ſame effects through the
medium of the houſe of commons. We
truſted our repreſentatives with privileges for
their own defence and ours. We cannot
hinder their defertion, but we can prevent
their carrying over their arms to the ſervice
of the enemy.--It will be faid, that I begin
with endeavouring to reduce the argument
concerning privilege to a mere queſtion of
convenience that I deny at one moment
what I would allow at another, and that to
"relift the power of a proſtituted 'houſe of
commons may eſtabliſh a precedent injurious
to all future parliaments.--To this I anſwer
generally, that human affairs are in no in-
1tance governed by ſtriat poſitive right. - If
change of circumſtances were to have no
weight in directing our condu&t and opi-
nions, the 'mutual intercourſe of mankind
would be nothing more than a contention
between poſitive and equitable right. Socie-
Vol. II.
G
ty
122
L ETTERS OF
ty would be a ſtate of war, and law itfelf
would be injuſtice. On this general ground,
it is highly reaſonable, that the degree of our
fubmiſſion to privileges, which have never
been defined by any poſitive law, ſhould be
conſidered as a queſtion of convenience, and
proportioned to the confidence we repofe in
the integrity of our repreſentatives. As to
the injury we may do to any future and more
reſpectable houſe of commons, I own I am
not now fanguine enough to expect a more
plentiful harveſt of parliamentary virtue in
one year than another. Our political cli-
mate is ſeverely altered : and, without dwel-
ling upon the depravity of modern times, I
think no reaſonable man will expect that, as
human nature is conſtituted, the enormousin-
fluence of the crown ſhould ceaſe to prevail
over the virtue of individuals. The miſchief
lies too deep to be cured by any remedy, leſs
than ſome great convulfion, which may either
carry
back the conſtitution to its original prin-
ciples, or utterly deſtroy it. I do not doubt
that, in the firſt ſeſſion after the next election,
fome popular meaſures may be adopted. The
preſent houfe of commons have injured them-
ſelves by a too early and public profeſſion of
their principles ; and if a ſtrain of proſtitu-
tion, which had no example, were' within
the reach of emulation, it might be impru-
dent to hazard the experiment too ſoon. But
after
J UNIUS, &c.
123
after all, Sir, it is very immaterial whether
a houſe of commons ſhall preſerve their vir-
tue for a week, a month, or a year. The
influence, which makes a feptennial parlia-
ment dependent upon the pleaſure of the
crown, has a permanent operation, and can-
not fail of ſucceſs.My premiſes, I know,
will be denied in argument, but every man's
conſcience tells him they are true. It re-
mains then to be conſidered, whether it be
for the intereft of the people that privilege of
parliament (which*, in reſpect to the pur-
poſes, for which it has hitherto been ac-
quiefced under, is merely nominal) ſhould be
contracted within ſome certain limits, or
whether the ſubject ſhall be left at the mercy
of a power, arbitrary upon the face of it
,
and notoriouſly under the direction of the
crown.
notto
* « The neceſſity of ſecuring the houſe of commons
" againſt the King's power, ſo that no interruption might
“ be given either to the attendance of the members in
“ parliament, or to the freedom of debate, was the foun-
“ dation of parliamentary privilege; and we may ob-
« ferve, in all the addreſſes of new appointed Speakers
" to the Sovereign, the utmoſt privilege they demand is
“ liberty of ſpeech and freedom from arreſts. The very
“ word privilege, means no more than immunity, or a
“ ſafeguard to the party who poſſeſſes it, and can ne-
“ ver be conftrucd into an a&tive power of invading the
“ rights of others."
G 2
I DO
124
L E T T E R S
I do not mean to decline the queſtion of
right. On the contrary, Sir, I join iſſue
with the advocates for privilege, and affirm,
that, “ excepting the caſes, wherein the houſe
“of commons-are a court of judicature, (to
" which, from the nature of their office, a
4 coercive power muſt belong) and excepting
“ ſuch contempts as immediately interrupt
“ their proceedings, they have no legal au-
“ thority to impriſon any man for any fup-
“ poſed violation of privilege whatſoever.”-
It is not pretended that privilege, as now
claimed, has ever been defined or confirmed
by ſtatute ; neither can it be ſaid, with any
colour of truth, to be a part of the common
law of England, which had grown into pre-
ſcription, long before we knew any thing of
the exiſtence of a houſe of commons. As for
the law of parliament it is only another name
for the privilege in queſtion ; and ſince the
power of creating new privileges has been
formally renounced by both houſes,-fince
there is no code, in which we can
ſtudy the
law of parliament, we have but one way left
to make ourſelves acquainted with it ;--that
is, to compare the nature of the inſtitution
of a houſe of commons, with the facts upon
record. To eſtabliſh a claim of privilege in
either houſe, and to diſtinguiſh original right
from uſurpation, it muſt appear that it is in-
diſpenſably neceſſary for the performance of
the
JUNI U S, &c.
129
the duty they are employed in, and alſo that
it has been uniformly allowed. From the
firſt part of this deſcription it follows clearly,
that whatever privilege does of right belong
to the preſent houſe of commons, did equally
belong to the firſt affeinbly of their predecef-
fors, was as completely veſted in them, and
might have been exerciſed in the fame extent.
From the fecond we muſt infer that privi-
leges, which for feveral centuries, were not
only never allowed, but never even claitned
by the houſe of commons, muſt be founded
upon ufurpation. Tlie conflitutional duties
of a houſe of commons, are not very compli-
cated nor myſterious, They are to propoſe
or affent to wholeſome laws for the benefit of
the nation, They are to grant the neceſlary
aids to the King ;
-petition for the redreſs
of grievances, and proſecute trcalon or high
crimes againſt the ſtate. If unlimited privi-
lege be neceſſary to the performance of theſe
duties, we have reaſon to conclude that, for
many centuries after the inſtitution of the
houſe of commons, they were never perform
ed. I am not bound to prove a negative, but
I appeal to the Engliſh hiſtory when I affirm
that, with the exceptions already ſtated,
which yet I might fafely relinquiſh) there
is no precedent, from the year 1265 to the
death of Queen Elizabeth, of the houſe of
commons having impriſoned any man (not
G3
a mem-
1 26
LET TERS OF
a member of their houfe) for contempt or
breach of privilege. In the moſt flagrant
cafes, and when their acknowledged privileges
were moſt groſsly violated, the poor Commons,
as they then ſtiled themſelves, never took
the power of puniſhment into their own
hands. They either fought redreſs by pe-
tition to the King, or, what is more reinark-
able, applied for juſtice to the houſe of lords;
and when fatisfaction was denied them or
delayed, their only remedy was to refuſe pro-
éeeding upon the King's buſineſs. So little
conception had our anceſtors of the monſtrous
do&trines, now maintained concerning pri-
vilege, that, in the reign of Elizabeth, even
liberty of fpeech, the vital principle of a de-
liberative aſſembly, was reſtrained, by the
Queen's authority, to a fimple aye or no, and
this reſtriction, though impoſed upon three
facceflive parliaments*, was never once dif-
puted by the houſe commons.
I KNOW there are many precedents of ar-
bitrary commitments for contempt. But,
beſides that they are of too modern a date to
warrant a preſumption that ſuch a power was
originally veſted in the houſe of commons,
Fact alone does not conſtitute Right. If it
does, general warrants were lawful.--An or-
In the years 1593_1597-and 1601.
dinance
JUNIUS, &c.
127
dinance of the two houſes has a force equal to
law; and the criminal juriſdiction aſſumed
by the Commons in 1621, in the caſe of Ed.
ward Loyd is a good precedent, to warrant
the like proceedings again any man, who
Thall unadviſedly inention the folly of a King,
or the ambition of a Princeſs. The truth is,
Sir, that the greateſt and inoit exceptionable
part of the privileges now contended for, were
introduced and allerted by a houſe of com-
mons which aboliſhed both monarchy and
peerage, and whoſe proceedings, although
they ended in one glorious act of ſubſtantial
juſtice, could no way be reconciled to the
forms of the conſtitution. Their ſucceſſors
profited by the example, and confirmed
their power by a moderate or popular uſe of
it. Thus it grew by dogrees, from a noto-
rious innovation at one period, to be tacitly
admitted as the privilege of parliament at
another,
Ik however it could be proved, from con-
fiderations of neceflity or convenience, that
an unlimited pawer of commitment ought
to be intruſted to the houſe of commons, and
that in fact they have exerciſed it without op-
poſition, ſtill, in contemplation of law, the
prefumption is ſtrongly againſt them. It is
a leading maxim of the laws of England (and,
without it, all laws are nugatory)
that there
G
is
128
LETTERS OF
is no right without a remedy, nor any legal
power, without a legal courſe to carry it into
effect. Let the power, now in queſtion, be
tried by this rule. The Speaker iſſues his
warrant of attachment. The party at-
tached either refifts force with force, or ap-
peals to a magiftrate, who declares the war-
rant illegal, and diſcharges the priſoner.
Does the law provide no legal means for en.
forcing a legal warrant? Is there no regular
proceeding pointed out in our law books to
aſſert and vindicate the authority of ſo high a
court as the houſe of commons ? The quef-
tion is anſwered directly by the fact. Their
unlawful commands are refifted, and they
have no remedy. The impriſonment of their
own members is revenge indeed, but is is no
aſſertion of the privilege they contend for*.
Their whole proceeding ſtops, and there they
ſtand, aſhamed to retreat, and unable to ad-
vance. Sir, theſe ignorant men ſhould be in-
formed that the execution of the laws of Eng-
land is not left in this uncertain, defenceleſs
condition. If the proceſs of the courts of
Weſtminſter Hall be refifted, they haver a
wana
* Upon their own principles, they ſhould have com-
mitted Mr. Wilkes, who had been guilty of a greater of-
fence than even the Lord Mayor or Alderman, Oliver,
But after repeatedly ordering him to attend, they at laſt
adjourned beyond the day appointed for his attendance,
end by this evaſion, gave up the print
dire&i
JONI U S, &c.
129
direct courſe, fufficient to inforce fubmiffion
The court of King's Bench commands the
Sheriff to raiſe the poffe comitatus. The courts
of Chancery and Exchequer iſſue a writ of
rebellion, which must alſo be ſupported, if
neceſſary, by the power of the county. To
whom will our honeft repreſentatives direct
their writ of rebellion? The guards, I doubt
not, are willing enough to be employed, but
they know nothing of the doctrine of writs,
and may think it neceſſary to wait for a letter
from Lord Barrington. As 25!
Bi bai
elmova
IT may now be objected to me, tirat
arguments prove too muchis for that certainly
there may be inſtances of contempt and in-
fult to the houſe of commons, which do not
fall within my owix exceptions, yet, in re-
gard to the dignity of the houſo, ought not
to paſs unpuniſhed. Be it fo. The courts
of criminal juriſdiction are open to proſe-
cutions, which the Attorney Gencral may
commence by information or indi&ment.
A libel, tending to aſperſe or vilify the houſe
of commons, or any of their members, may
be as feverely puniſhed in the court of King
Bench, as a libel upon the King. Mr. De
Grey thought ſo, when he drew up the in-
formation upon my letter to his Majeſty, or
he had no meaning in charging it to be a
ſcandalons libel upon the houſe of commons.
In
G 5
130
LETTERS or
bile
!
In my opinion, they would conſult their real
dignity much better, by appealing to the laws
when they are offended, than by violating the
firſt principle of natural juſtice, which forbids
us to be judges, when we are parties to the
cauſe*.
Bastianston
1 Do not mean to purſue them through
the remainder of their proceedings. In their
firſt reſolutions, it is poffible they might have
been deceived by ill-confidered precedents.
For the reſt, there is no colour of palliation
or excuſe. They have adviſed the King to
reſume a power of difpenfing with the laws
by royal proclamation $; and Kings we fee
are
* If it be demanded, in caſe a ſubje&t ſhould be com-
* mitted by either houſe, for a matter manifeftly out of
" their jurifdi&tion, what remedy can he have? I an-
" ſwer, that it cannot well be imagined that the law,
" which favours nothing more than the liberty of the
* fubject, ſhould give us a remedy againſt commitments
« by the King himſelf, appearing to be illegal, and yet
“ give us no manner of redreſs againſt a commitment by
our fellow ſubjects, equally appearing to be unwar-
* ranted. But as this is a caſe, which I am perſuaded
" will never happen, it ſeems needleſs over nicely to ex-
ki amine itHawkins 2. 110.".
Hawkins was a
good-lawyer, but no prophet.
66
+ The houſe adviſed the crown to iſſue this, univer-
fally acknowledged, illegal profecution. Mr. Moreton
pro-
UNIVS, &c.
are ready enough to follow ſuch advice.--By
mere violence, and without the ſhadow of
right, they have expunged the record of a
judicial proceedingi. Nothing remained, but
to attribute to their own vote a power of
ftopping the whole diſtribution of criminal
and civil juſtice
LA
The public virtues of the chief magiſtrate
have long ſince ceaſed to be in queſtion. But
it is ſaid that he has private good qualities,
and I myfelf have been ready to acknowledge
them. They are now brought to the teſt.
If he loves his people, he will diſſolve a par-
liament, which they can never confide in or
refpe&t.-If he has any regard for his own
honour, he will diſdain to be any longer con-
nected with fuch abandoned proſtitution,
But if it were conceivable that a King, of
this country had lott all ſenſe of perſonal
honour, and all concern for the welfare of
bis fubjects, I confeſs, Sir, I ſhould be con-
tented to renounce the forms of the confti.
tution once more, if there were no other
proteſted againſt iſſuing it.. Lord Mansfield ſpoke of
it with horror. Thoſe who adviſed it did not dare ſpeak
in its defence ; nor to touch Mr. Wilkes for diſcharging
the perfons apprehended under it.
# Lord CHATHAM declared this to be the act of a
mob, and not of a ſenate.
G6
way
132
LETTERS or
way to obtain fubftantial juſtice for the peo
ple*. bar 24
JUNIUS,
WHEN Mr. Wilkes was to be puniſhed, they made
noſeruple about the privileges of parliament; and although
it was as well known as any matter of public record and un-
interrupted cuſtom could be that the members of either houſe
are privileged except in caſe of treaſon, felony, or breach of
peace, they declared without heſitation that privilege of
parliament did not extend to the cofe of a ſeditious libel;
and undoubtedly they would have done the fame if Mr.
Wilkes had been proſecuted for any other miſdemeanor
whatſoever. The miniſtry are o
The miniſtry
are of a ſudden grown won
derfully careful of privileges, which their predeceſſors
were as ready to invade. The known laws of the land,
the rights of the ſubject, the fan&tity of charters, and
the reverence due to our magiſtrates, muſt all give way,
without queſtion or reſiſtance, to a privilege of which no
man knows either the origin or the extent. The houſe
of commons judge of their own privileges without ap-
peal:--they may take offence at the moſt innocent a&tion,
and impriſon the perſon who offends them, during their
arbitrary will and pleaſure. The party has no remedy;
he cannot appeal from their jurifdition; and if he quer
tions the privilege, which he is ſuppoſed to have violated,
it becomes an aggravation of his oflencen, Surely this
doctrine is not to be found in Magna Charta. If it be
admitted without limitation, I affirm that there is nei-
ther law nor liberty in this kingdom. We are the ſlaves
of the houſe of commons, and, through them, we are
the flaves of the King and his minifters. Anonymous.
LETTER
TUNTUS, &c.
133
a LETTER LXI.
TO
THE
PRINTER
THE
PUBLIC
ADVERTISER
SIR,
1 May, 1771.
T
-Why
THEY, who object to detached parts
of
Junius's laſt letter, either do not mean
him fairly, or have not conſidered the gene-
ral ſcope and courſe of his argument.
There
are degrees in all the private vices---
not in public proſtitution -The influence
of the crown naturally makes a ſeptennial
parliament dependant-Does it follow that
every houſe of commons will plunge at once
into the loweſt depths of proſtitution ?--
Junius ſuppoſes that the preſent houſe of
commons, in going ſuch enormous lengths,
have been imprudent to themſelves, as well as
wicked to the public ;--that their example is
not within the reach of emulation ;---and that,
in the firſt feffion after the next ele&tion, fome
popular meaſures may probably be adopted.
He does not expect that a diſſolution of par-
liament will deſtroy corruption, but that at
leaſt it will be a check and terror to their
fuc-
LETTERS
fucceffors, who will have ſeen that, in flagrant
caſes, their conſtituents can and will interpoſe
with effect.-After all, Sir, will you not en-
deavour to remove or alleviate the moſt dan-
gerous fymptoms, becauſe you cannot eradi-
cate the diſeaſe? Will you not puniſh trea-
fon or parricide, becauſe the fight of a gibbet
does not prevent highway robberies? When
the main argument of Junius is admitted to
be unanſwerable, I think it would become
the minor critic, who hunts for blemiſhes, to
be a little more diftruftful of his own fagacity.
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 infinuate that, if the advice
of parliament were good, the King would be
To ready to follow it.
PHILO JUNIUS
LETTER
JUNIUS, &c.
135
L E T TER LXII.
то
THE
PRINTER
THE
PUBLIC
ADVERTISER.
SIR,
25 May, 1771.
I feel
CONFESS my partiality to Junius, and
feel a conſiderable pleaſure in being able
to communicate any thing to the public, in
ſupport of his opinions. The doctrine, laid
down in his laſt letter, concerning the power
of the houſe of commons to comnait for con-
tempt, is not ſo new as it appeared to many
people, who dazzled with the name of privi-
lege, had never ſuffered themſelves to examine
the queſtion fairly. In abe courſe of my read-
ing this morning, I met with the following
paffage in the journals of the houſe of com-
mons. (Vol. utt. page 6o3.) Upon occa-
fion of a juriſdi&tion unlawfully aſſumed by
the houſe in the year 1621, Mr. Attorney-
General Naye gave his opinion as follows.
" No doubt but, in ſome caſes, this houſe
may give judgment;in matters of returns,
* and concerning members of our houſe, or
falling out in our view in parliament; but
“ for foreign matters, knoweth not how we
$8
can
136
LETTERS
can judge it.-Knoweth not that we have
“ been uſed to give judgment in any caſe but
" thoſe beforementioned."
EDWARD COKE, upon the fame ſub-
ject, ſays, (page 604 “No queſtion but this
is a houfe of record, and that it hath power
“ of judicature in ſome caſes ;-have power
" to judge of returns and members of our
“ houſe; once, no member, offending out of
“ the parliament, when he came hither and juf-
** tified it, was cenſured for it, *
Now, Sir, if you will compare the opinion
of thefe great fages of the law with Junius's
doctrine, you will find they tally exactly.
He allows the power of the houſe to commit
their oww members, which however they
may groſsly abuſe. He allows their power
in caſes where they are acting as a court of
judicarére, viz. ele&tions, returns, &c. and
he allows it in ſuch contempts as immediately
interrupt their proceedings, or, as Mr. Noye
expreffes it, falling out in their view in par
liament.
They, who would carry the privileges of
parliainent farther than Junius, either do not
mean well to the public, or know not what
they are doing. The government of Eng-
land is a government of law. We betray
Our
JUNIUS, &c.
137
ourſelves, we contradict the ſpirit of our
laws, and we ſhake the whole fyftem of Eng-
liſh juriſprudence, whenever we intruft a dif-
cretionary power over the life, liberty, or for-
tune of the ſubject, to any manı, or ſet of men
whatſoever, upon a preſumption that it will
not be abuſed.
PHILO JUNIU S.
LETTER
LXII.
TO THE
PRINTER OF THE PUBLIC
ADVERTISER.
SIR,
28 May, 1771
A .
N Y man, who takes the trouble of
* peruſing the journals of the houſe
of commons, will foon be convinced, that
very little, if any, regard at all, ought to be
paid to the reſolutions of one branch of the
legiſlature, declaratory of the law of the
land, or even of what they call the law of
parliament. It will appear that theſe refox
lutions have no one of the properties, by
which, in this country, particularly, larv is
diftinguiſhed from mere will and pleaſure ;
but that, on the contrary they bear every
mark of a power arbitrarily aſſumed and ca-
priciouſly
138
LETTERS OF
tions of the houſe of cominons ſhould ap-
priciouſly applied :----That they are uſually
made in times of conteft, and to ferve ſome
unworthy purpofe of pallion or party ;---that
the law is feldom declared until after the
fact, by which it is ſuppoſed to be violated ;
--that legiſlation and juriſdiction are united
in the ſame perſons, and exerciſed at the
fame moment;- and that a court, from which
there is no appeal, allumes an original jurif-
diation in a criininal cafe ;---in ſhort, Sir,
to collect a thouſand abſurdities into one
inaſs, we have a law, which cannot be
" known becauſe it is ex poft facto, the
party is both legiſlator and judge, and the
" jurifdi&tion is without appeal.”' .
Well
might the judges ſay, The law of parliament is
above us
You will not wonder, Sir, that, with
thefe qualifications, the declaratory rcfolu-
pear to be in perpetual contradi&tion, not
only to common ſenſe and to the laws we are
acquainted with, (and which alone we can
obey) but even to one another. I was led
to trouble you with theſe obſervations by a
paſſage, which, to ſpeak in luteftring, I met
with this morning in the courſe of my reading *,
* The above phraſe in Italics is a common one
with Lord Mansfield.
and
JUNIUS, &c.
139
and upon which I mean to put a queſtion to
the advocates for privilege. On the 8th of
March 1704, (vide Journals, Vol. 14. p.
565.) the houſe thought proper to come to
the following refolutions
...“ That no
“ commoner of England, committed by the
“ houſe of commons for breach of privilege
" or contempt of that houſe, ought to be,
by any writ of Habeas Corpus, made to ap-
pear in any other place, or before any
* other judicature, during that ſeſſion of
« parliament, wherein (uch perſon was ſo
* committed."
2." THAT the Serjeant at Arms, at-
" tending this houſe do make no return of
or yield any obcdience to the ſaid writs
" of Habeas Corpus, and for ſuch his refuſal
* that he have the protection of the houfe of
commons.
WEL
* When the reader compares the above Reſolution of
the 8th of March 1704, with the following Reſolution of
the 3d of April 1628, he will be able to judge of the con-
fiftency of the reſolves of the houſe of commons.
“ Reſolved, That the writ of Habeas Corpus cannot
“ be denied, but ought to be granted to EVERY man,
" that is committed or detained in priſon, or other-
" wife reſtrained, by the command of the King,
** the
140
OF
LETTERS
WELLBORE ELLIS, What ſay you? Is
this the law of parliament or is it not? I am
a plain man, Sir, and cannot follow you
through the phlegmatic forms of an oration.
Speak out, Grildrig,--ſay yes, or no.---- If
you ſay yes, I ſhall then enquire by what
authority Mr. De Grey, the honeſt Lord
Mansfield, and the Barons of the Exche-
quer, dared to grant a writ of Habeas Cort
pus for bringing the bodies of the Lord May-
or and Mr. Oliver before them, and why the
Lieutenant of the Tower made any return to
a writ, which the houſe of commons had, in
a fimilar inſtance, declared to be unlawful.
-If you fay na, take care you do not at once
give up the cauſe, in fupport of which you
have ſo long and ſo laboriouſly tortured your
" the privy council, or ANY OTHER, he praying
THE Reſolution of 1628 is according to the law of
the land.
Tue Reſolution of 1704 is an opinion of the houſe
of commons,
apparently contrary to the law of the
land.
The Habeas Corpus a&t is the law of the land,
enacted by the THREE branches of the legiſlature.
Will, therefore, any good ſubject, or rational man, fup-
pofe, that one branch of the legiſlature can annul a law
enaared by the WHOLE THREE branches.
under-
JUNIUS, &c.
147
underſtanding. Take care you do not con-
feſs that there is no teſt by which we can dif-
tinguiſh,----110 evidence by which we can de-
termine what is, and what is not the law of
parliament. The refolations I have quoted
ſtand upon your journals, uncontroverted and
unrepealed they contain a declaration of
the law of parliament by a court, competent
to the queſtion, and whoſe deciſion, as you
and Lord Mansfield ſay, muſt be law, be-
cauſe there is no appeal from it, and they
were made, not haftily, but after long deli-
beration upon a conſtitutional question.
What farther fauétion or folemnity will you
annex to any reſolution of the prefent houſe
of commons beyond what appears upon the
face of thote two refolutions, the legality of
which you now deny. If you ſay that par-
liaments are not infallible, and that Queen
Anne, in confequence of the violent pro-
ceedings of that houſe of commons, was o-
bliged to prorogue and diffolve them, I ſhall
agree with you very heartily and think that
the precedent ought to be followed immedi-
ately. But you, Mr. Ellis, who
hold this
language, are inconſiſtent with your own
principles. You have hitherto maintained
that the houſe of commons are the ſole
judges of their own privileges, and that their
declaration does, ipfo fazlo, conſtitute the
law of parliament; yet now you confeſs that
par-
142
LETTERS OF
parliaments are fallible, and that their refo-
lutions may be illegal, confequently that
their reſolutions do not conſtitute the law of
parliament. When the King was urged to
diffolve the preſent parliament, you adviſed
him to tell his fubjects, that he was careful
not to aſſume any of thoſe powers, which the con-
ftitution had placed in other hands, &c. Yet
Queen Anne, it ſeems, was juſtified in ex-
erting her prerogative to ſtop a houſe of
mons, whoſe proceedings, compared with
thoſe of the aſſembly, of which you are a
moſt worthy member, were the perfection of
juſtice and reaſon.
In what a labyrinth of nonſenſe does a
inan involve himſelf, who dlabours to main-
rain falſehood by argument? How much
better would it become the dignity of the
houſe of commons to ſpeak plainly to the
people, and tell us at once, that their will
muſi be obeyed, sier becauſe it is laceful and rea-
fonable, but becauſe it is their will. Their
conftituents would have a better opinion of
their candour, and, I pcomiſe you, not a
worſe opinion of their integrity.
PHILO JUNIUS.
LETTER
JUNIUS, &c.
143
LETTER
LXIV.
TO HIS GRACE THE DUKE OF GRAFTON.
MY LORD,
22 June 1771.
THE
HE profound reſpect I hear to the
gracious Prince, who governs this
country with no les honour to himſelf than
fatisfaction to his ſubjects, and who reſtores
you to your rank under his standard, will
ſave you from a multitude of reproaches.
The attention I ſhould hate paid to your
failings is involuntarily attracted to the hand
that rewards them, and though I am not ſo
partial to the royal judgment, as to affirm,
that the favour of a King can renove moun-
tains of infamy, it ſerves to leffen at leaſt,
for undoubtedly it divides the burthen.
While I remember how much is due to his
facred character, I cannot, with any decent
appearance of propriety, call you the meaneft
and the bafeſt fellow in the kingdom. I pro-
,
do ſoYou
will have a dangerous 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
144
LETTERS
his confidence, and fit to be truſted with any
ſhare in his government. I confeſs you have
great intrinſic merit; but take care you do
not value it too highly. Conſider how much
of it would have been loſt to the world, if the
King had not graciously affixed his ftamp,
and given it currency among his ſubjects.
If it be true that a virtuous man, ſtruggling
with adverſity, be a ſcene worthy of the
gods, the glorious contention, between you
and the best of Princes, deſerves a circle,
equally attentive and reſpectable. I think I
already foe other gods riſing from the earth
to behold it.
so
But this language is too inild for the ocm
cation. The King is determined, that our
abilities, ihall not be loft to fociety. The
perpetration and deſcription of new crimes
will find einployment for us both. My Lord,
if the perfons, who have been loudeſt in their
profeflions of patriotiſin, had done their duty
to the public with the ſame zeal and perfeve-
rance that I did, I will not affert that go-
vernment would have recovered its dignity,
but at leaſt our gracious Sovereign muſt have
ſpared his ſubjects this laſt inſult*, which,
if there be any feeling left among us, they
His Grace had juſt been appointed Lord Privy
Scal,
will
JUNIUS, &c.
145
will refent more than even the real injuries
they received from every meaſure of your
Grace's adminiftration. In vain would he
have looked round him for another character
fo confummate as yours. Lord Mansfield
ſhrinks from his principles ;
-his ideas of
government perhaps go farther than your own,
but his heart diſgraces the theory of his un.
derſtanding. ---Charles Fox * is yet in blof .
fom; and as for Mr. Wedderburne, there is
fomething about him, which even treachery
cannot truſt. For the preſent therefore, the
beft of Princes muft have contented himſelf
with Lord Sandwich-You would long
fince have received your final difmiffion and
reward, and I; my Lord, who do not eſteem
you the more for the high office you poſſeſs,
would willingly have followed you to youb
retirement. There is ſurely ſomething fingu-
odt old
* He has come to an early maturity. The aſſurance
of this young man is inimitable.
man is inimitable. When in place and an
advocate for miniſtry, the ſenſe of the nation is only
to be found in a majority of the houſe of commons.
When diſmiſſed and in oppoſition,--the fenſe of the na-
tion is only to be found in the mob at his heels. In
oppoſition he threatens miniſtry with the block : he re-
viles them for interfering in clellions. Himſelf a mini-
niſter,--.he heads an election mob. Yet he might be for-
given the effrontery of theſe notorious contradictions, as
they only ſerve to expoſe the ſhameleſs impudence of his
own character, if he did not exult over the diſtreſſes
of his country, and publicly triumph on her defcats.
Vol. II.
H
larly
146
LETTERS OF
larly benevolent in the character of our So-
vereign. From the moment he aſcended the
throne, there is no crime, of which human
nature is capabley (and I call upon the Red
corder to witneſs it) that has not appeared
venial in his fight. With any other Prince,
the ſhameful defertion of him, in the midit
of that diſtreſs, which you alone had created,
in the very criſis of danger, when he fan-
cied he ſaw the throne already furrounded by
men of virtue and abilities, would have out-
weighed the memory of your former fervices.
But his Majety is full of jaftice, and under-
ſtands the doctrine of compenſations. He
remembers with gratitude how foon you had
accommodated your morals to the neceſſity of
his ſervice show chearfully you had aban-
doned the engagernents of private friend
fhip, and renounced the inoſt folemn profef-
fions to the public. The ſacrifice of Lord
Chatham was not loſt upon liim. Even the
cowardice and perfidy of deſerting him may
have done you no dillervice in his eſteem.
The inſtance was påinful, but the principle
might pleaſe.us en
You did not neglect the magiftrate, while
you flattered the man. The expulſion of Mr.
Wilkes predetermined in the cabinet ;-the
power of depriving the ſubject of his birth-
right,
JUNIUS, &c.
147
right, attributed to a refolution of one branch
of the legiſlature the conftitution impu-
dently invaded by the houſe of commons;
the right of defending it treacherouſly re-
nounced by the houſe of lords. Theſe are
the ſtrokes, my Lord, which, in the preſent
reign, recommend to office, and conſtitute a
miniſter. They would have determined your
Sovereign's judgment, if they had made no
impreſſion upon his heart. We need not
look for any other ſpecies of merit to account
for his taking the earlieſt opportunity to re-
call you to his councils. Yet you have other
merit in abundance.MrHinc,the Duke
of Portland,--and Mr. Yorke.-Breach of
truſt, robbery, and murder. You would
think it a compliment to your gallantry, if
I added rape to the catalogue but the
ſtile of your amours ſecures you from re-
Hiſtance. I know how well theſe ſeveral
charges have been defended. In the firſt in-
ſtance, the breach of truſt is fuppofed to
have been its own reward. Mr. Bradſhaw
affirms upon his honour, (and ſo may the
gift of ſmiling never depart from him !) that
you reſerved no part of Mr. Hine's purchaſe-
money for your own uſe, but that every
thilling of it was ſcrapulouſly paid to Gover-
nor Burgoyne.----Make hafte, my Lord, -
another patent, applied in time, may keep
H Н
the
1.48
LETTERS
the OAKS* in the family. If not, Birn-
ham Wood, I fear, muſt come to the Ma-
caroni.
THE Duke of Portland was in life your
earlieſt friend. In defence of his property
he had nothing to plead, but equity againſt
Sir James Lowther, and preſcription againſt
the crown. You felt for your friend, but
the law muſt take its courſe. Pofterity will
fcarce believe that Lord Bute's ſon-in-law
had barely intercit enough at the treaſury to
get his grant completed before the general
election.
ENOUGH has been faid of that deteſtable
tranfaction, which ended in the death of
Mr. Yorke. I cannot ſpeak of it without
horror and compaflion. To excuſe yourſelf,
you publicly impeach your accomplice, and
to his mind perhaps the accuſation may be
flattery. But in morder you are both prin-
cipals. It was once a queftion of emulation,
and if the event had not diſappointed the im-
mediate ſchemes of the cloſet, it might ſtill
have been a hopeful ſubject of jeſt and merri-
ment between you.
* A SUPERB villa of Colonel Burgoyne, now Lieut,
General Burgoyne, advertiſed for ſale.
THIS
JUNIUS, &c.
149
This letter, my Lord, is only a preface to
my future correſpondence. The remainder
of the ſummer ſhall be dedicated to your
amuſement. I mean now and then to relieve
the ſeverity of your morning ſtudies, and to
prepare you for the bufineſs of the day.
Without pretending to more than Mr. Brad-
Shaw's fincerity, you may rely upon my at-
tachment, as long as you are in office.
WILL your Grace forgive me, if I venture
to expreſs ſome anxiety for a man, whom I
know you do not love? My Lord Wey-
mouth has cowardice to plead, and a de
ſertion of a later date than your own. You
know the privy feal was intended for him;
and if you conſider the dignity of the poſt he
deferted, you will hardly think it decent to
quarter him on Mr. Rigby. Yet le muſt
bave bread, my Lord or rather he muſt
have wine. If you deny him the cup, there
will be no keeping him within the pale of
the ininiſtry
TUNIUS.
kimi
H3 LETTER
150
IF T T E RS OF:
still ſeems to profide' over the trea.
L ETTER LXV.
TO HIS GRACE THE DUKE OF GRAFTON.
MY LORD, 9 July, 1771.
THE influence of your Grace's fortune
T
ſury
... The genius of Mr. Bradthaw in-
fpires Mr. Robinſon * How remarkable
it is, (and I ſpeak of it not as matter of re-
proach, but as fomething peculiar to your
character) that you have never yet formed a
friendſhip, which has not been fatal to the
obje& of it, nor adopted a cauſe, to which,
one way or other, you have not done miſ-
chief. Your attachment is infamy while it
laſts, and whichever way its turns, leaves
ruin and diſgrace behind it. The deluded
girl, who yields to fach a profligate, even
while he is conſtant, forfeits her reputation
as well as her innocence, and finds herſelf
abandoned at laſt to miſery and ſhame.-
Thus it happened with the beſt of Princes.
By a letter from the Secretary of the Treaſury, it
was diſcovered, that the friends of the miniſtry were to
be very active in the election of Sheriffs,
Poor
JUNIUS, &c.
Poor Dingley too! I proteſt I hardly know
which of them we ought moſt to lament;
The unhappy man who finks under the fenſe
of his dishonour, or him who ſurvives it.
Characters, ſo finiſhed, are placed beyond the
reach of panxgerie. Death has fixed his cal
upon Dingley, and you, my Lord, have ſet
your mark upon the other.be
other
- The only detter I even addreſſed to the
King was fo unkindly received, that I believe
I thall never preſumc to trouble his Majeſty
in that avay,
again. oBat my zeal for his fer-
vice is fuperior toxnigted, and like Mr.
Wilkes's patriotilin, thrives by perfecution.
Yet his Majeftyvias much addi&ted to uſeful
reading; and, if I am hot ill-informed, has
honoured the Prilip Advertiſe with particu-
lar attentions I have endeavoured therefore,
and not without ſucceſs, fas perhaps you
may
remember) to furniſh it with ſuch in-
tereſting and edifying intelligence, as proba-
bly would not reach him through any other
channel. The ſervices you have done the
nation, your integrity in office, and fig-
nal fidelity to your approved good maſter,
have been faithfully recorded. * Nor have his
own virtues been entirely negle&ted. Theſe
letters, my Lord, are read in other countries
and in other languages ; and I think I may
affirm without vanity, that the gracious cha-
tacter
H4
152
LETTERS OF
the cabinet was announced to the public by
country. When that naxious planet ap-
racter of the beſt of Princes is by this time
not only perfectly known to his ſubjects, but
tolerably well underſtood by the reſt of Eu-
rope. In this refpect alone, I have the ad-
vantage of Mr. Whitehead. His plan, I
think, is too narrow. He ſeems tot manu-
facture his verſes for the ſole uſe of the hero,
who is ſuppoſed to be the ſubject of them,
and, that his meaning may not be exported
in foreign bottoms, fets all tranſlation at de-
fiance. I
opet se se shume te rendu det
Your Grace's re-appointment to a feat in
the ominous return of Lord Bute to this
proaches England, he never fails to bring
plague and peitilence along with
him. The
King already feels the malignant effe&t of
your influence over his councils. Your for
mer adminiſtration made Mr. Wilkes an Al-
derman of London, and Repreſentative of
Middlefex. Your next appearance in office
is marked with his election to the ſhrievalty.
In whatever meaſure you are concerned, you
are not only diſappointed of fuccefs, but al-
ways contrive to make the government of the
beſt of Princes contemptible in his own eyes,
and ridiculous to the whole world. Making
all due allowance for the effect of the mini-
ſter's declared interpofition, Mr. Robinfon's
JUNIUS, &c.
153
activity, and Mr. Horne's new zeal in fup-
port of adminiſtration, we ſtill want the ge-
nius of the Duke of Grafton to account for
committing the whole intereſt of government
in the city, to the conduct of Mr. Harley.
I will not bear hard upon your faithful friend
and emiffary Mr. Touchet, for I know the
difficulties of his fituation, and that a few
lottery tickets are of uſe to his æconomy.
There is a proverb concerning perſons in the
predicament of this gentleman, which how
ever cannot be ſtrictly applied to him. They
commence dupes, and finiſh knaues Now Mr.
Touchet's chara&teris uniforin, I am con
vinced that his ſentiments never depended
upon his circumstances and that, in the inoft
proſperous ſtate of his fortuna, he was al-
ways the very man heris at prefent Bat
was there no other perfoni of rank and confe-
quence in the city, wliom government could
confide in, but a notorious Jacobite? Did
you imagine that the whole body of the Dif
fenters, that the whole Whig-intereſt of
London would attend at the levy, and fub-
mit to the directions of a notorious Jacobite?
Was there no Whig magiftrate in the city,
to whom the ſervants of George the Third
could intruſt the management of a buſineſs,
ſo very interefting to their maſter as the elec-
tion of Theriffs? Is there no room at St.
James's, but for Scotchmen and Jacobites?
My
H5
154
My Lord, I do not mean to queſtion the fin-
cerity of Mr. Harley's attachment to his
Majeſty's government. Since the commencer
ment of the preſent reign, I have ſeen ftill
greater contradi&tions reconciled. The prin-
ciples of theſe worthy Jacobites, are not ſo
abſurd as they have been repreſented. Their
ideas of divine right are not ſo much annexed
to the perſon or family, as to the political
character of the Sovereign. Had there ever
been an honeft man among the Stuarts, his
Majeſty's preſent friends would have been
Whigs upon principle. But the converfion
of the beſt of Princes has removed their
ſcruples. They have forgiven him the fins
of his Hanoverian anceſtors, and acknow-
ledge the hand of providence in the deſcent
of the crown upon the head of a true Stuart.
In you, my Lord, they alſo behold, with a
kind of predile&tion, which borders upon
Joyalty, the natural repreſentative of that il-
luſtrious family. The mode of your deſcent
from Charles the Second is only a bar to
your pretenfions to the crown, and no way
interrupts the regularity of your fucceffion
to all the virtues of the Stuarts.
The unfortunate fucceſs of the Reverend
Mr. Horne’s endeavours in ſupport of the
minifterial nomination of ſheriffs, will I fear
obftru&t his preferment. Permit me to re-
cominend
JUNIUS, &c.
155
commend him to your Grace's protection.
You will find him copiouſly gifted with thoſe
qualities of the heart, which uſually direct
you in the choice of your friendſhips. He
too was Mr. Wilkes's friend, and as incapa-
ble as you are of the liberal reſentment of a
gentleman. No, my Lord, it was the foli-
tary, vindi&tive malice of a monk, brooding
over the infirmities of his friend, until he
thought they quickened into public life;
and feaſting with a rancorous rapture, upon
the fordid catalogue of his diftreffes. Now,
let him go back to his cloiſter. The church
is a proper retreat for him. In his principles
he is already a biſhop...
THE mention of this man has moved me
from my natural moderation. Let me return
to your Grace. You are the pillow, upon
which I am determined to reſt all my refent-
ments. What idea can the beſt of Sovereigns
form to himſelf of his own government?
in what repute can he conceive that he ſtands
with his people, when he fees, beyond the
poſſibility of a doubts that, whatever be the
office, the ſuſpicion of his favour is fatal to
the candidate, and that, when the party, he
wiſhes well to has the faireft proſpect of fuc-
cefs, if his royal inclination: 1hould unfor
tunately be diſcovered, it drops like an acid,
and turns the election. This event, among
H 6.
others,
156
LITTERS
others, may perhaps contribute to open his
Majeſty's eyes to his real honour and intereſt.
In ſpite of all your Grace's ingenuity, he may
at laſt perceive the inconvenience of ſelecting,
with ſuch a curious felicity, every villaino in
the nation to fill the various departments of
his government. Yet I ſhould be ſorry to
confine him in the choice either of his foot
men or his friends. exitus SSE
to JUNIUS.
L E T T E R LXVI.
T 0
JUNIU s.
SIR, 13 July, 1771.
F**
ARCE, COMEDY, and TRAGEDY,
WILKES, Foote, and Junius, united
at the ſame time, againſt one poor Parfon, are
fearful odds. The two former are only labour-
ing in their vocation, and may equally plead
in excufe, that their aim is a livelihood. I
admit the plea for the ſecond , his is an honeſt
calling, and my clothes were lawful game ;
but I cannot ſo readily approve Mr. Wilkes,
or commend him for making patriotiſm a
trade, and a fraudulent trade. But what ſhall
I ſay to Junius ? the grave, the folemn, the di-
dadtic 1
JUNIUS, &c.
157
dactic biridicule, indeed, lias been ridiculouſly
called the teſt of truth, but ſurely, to con
fefs that you loſe your natural moderation when
mention is made of the man, does not pro-
miſe much truth or juſtice when you ſpeak of
him yourſelf.
noitems be jointa **
* You charge me with a new zeal in fup-
***
port of adminiftration," and with endea-
"vours in ſupport of the miniſterial nomi-
“ nation of ſheriffs." The reputation which
your talents have deſervedly gained to the
ſignature of Junius, draws from me a reply,
which I diſdained to give to the anonymous
lies of Mr. Wilkes. You make frequent uſe
of the word Gentleman; I only call myſelf a
Man, and deſire no other diſtinction : if you
are either, you are bound to make good your
charges, or to confeſs that you have done me
a hafty injuſtice upon no authority.
I put the matter fairly to iſſue. I ſay,
that ſo far from any new zeal in fupport
of adminiſtration,” I am poſſeſſed with the
utmoſt abhorrence of their meaſures; and that
I have ever ſhewn myſelf, and am ſtill ready,
in any rational manner, to lay down all I
have my life, in oppoſition to thoſe mea-
fures. I ſay, that I have not, and never have
had any communication or connexion of any
kind, dire&tly or indirectly, with any cour-
tier
158
L E T T E R S OF
tier or minifterial mar, or any of their ad-
herents : that I never have received, or folicit-
ed, or expected, or defired, or do now hope
for, any reward of any ſort, from any party
or ſet of men in adminiftration or oppofition:
I ſay, that I never uſed any “endeavours in
* fupport of the miniſterial nomination of
“ fheriffs." That I did not folicit any one
liveryman for his vote for any one of the cari:
didates ; nor employ any other perfon to foli-
cit: and that I did not write one fongle line or
word in favour of Mefits. Plumbe and Kirk-
man, whom I underſtand to have been fup-
ported by the miniſtry.Hendblik I think
num
You are bound to refute what I here ad..
vance, or to loſe your credit for veracity :
You muſt produce facts ; furmife and general
abuſe, in bowever elegant language, ought
not to paſs for proofs. i You have every ad
vantage, and I have every diſadvantage :
you are unknown, I give my inamnet all par-
ties, both in and out of adminittration, have
their reaſons (which I ſhall relate hereafter)
for uniting in their wiſhes againſt une : and
the popular prejudice is as ſtrongly in your
favour, as it is violent againſt the Parſon.
SINGULAR as my preſent ſituation is, it
is neither painful, nor was it unforeſeen. He
is not fit for public buſineſs who does not
eycn
JUNIUS, &c.
even at his entrance prepare his mind for
ſuch an event. Health, fortune, tranquility,
and private connexions I have ſacrificed upon
the altar of the public; and the only return
I receive, becauſe I will not concur to dupe
and miſlead a fenfeleſs multitude, is barely,
that they have not yet torn me in pieces.
That this has been the only return, is my
pride ; and a ſource of more real fatisfaction
than honours or proſperity. I can practiſe
before I am old, the leffons I learned in my
youth; nor ſhall I ever forget the words of
my ancient Monitor, e non
Y" " 'Tis the laſt key-ſtone
* That makes the arch: the reſt that there
"
were put,
* Are nothing till that comes to bind and
"ſhut.
* Then ſtands it a triumphal mark! then men
* Obſerve the ſtrength, the height, the why
" and when
" I was erected ; and ſtill walking under,
* Meet ſome new matter to look up and
" wonder !”
I am, SIR,
Your humble Servant,
JOHN HORNE.
LETTER
160
LETTERS OF
withı vou in the
34600
pop
Ια Ι
LETTER LXVII.
on the day
*** TO THE REVEREND MR, HORNE.
SIR,
24 July, 1771.
CANNOT defcend to an altercation
I have attacked your character, and you
complain of injuſtice, I think you have ſome
right to an explanation. You defy me to
prove, that you ever ſolicited a vote, or wrote
a word in ſupport of the ministerial aldermen.
Sir, I did never ſuſpect you of ſuch grofs
folly. It would have been impoſſible for Mr.
Horne to have ſolicited votes, and very diffi-
cult to have written for the news-papers in
defence of that cauſe, without being de-
tected and brought to shame. Neither do I
pretend to any intelligence concerning you,
or to know more of your conduct, than you
yourſelf have thought proper to communi-
cate to the public. It is from your own
letters I conclude that you have fold yourſelf
to the miniſtry: or, if that charge be too fe-
vere, and ſuppofing it poſſible to be deceived
by appearances ſo very ſtrongly againſt you,
what are your friends to ſay in your defence ?
muſ
JUNIUS, &c.
161
muſt they not confefs that, to gratify your
perſonal hatred of Mr. Wilkes, you facri-
ficed, as far as depended upon your intereſt
and abilities, the cauſe of the country? I
can make allowance for the violence of the
paffions, and if ever I ſhould be convinced
that you had no motive but 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 pre-
fent.---But as a public man, I muſt for ever
condemn you. You cannot but know,-
nay you dare not pretend to be ignorant,
that the higheſt gratification of which the
moſt deteſtable in this nation is ca-
pable, would have been the defeat of Wilkes.
I know that man much better than any of
you. Nature intended him only for a good
humoured fool. A fyftematical education,
with long practice, has made him a conſum-
mate hypocrite. Yet this man, to ſay no-
thing of his worthy minifters, you have moſt
afſiduouſly laboured to gratify. To exclude
Wilkes, it was not neceſſary you ſhould
folicit votes for his opponents. We incline
the balance ası: effe&tually by leſſening the
weight in one ſcale, as by encreafing it in the
other.
oo
The mode of your attack upon Wilkes
(though I am far from thinking meanly of
your
162
LETTERS OF
your abilities) convinces me, that you either
want judgment extremely, or that you are
blinded by your reſentment. You ought to
have foreſeen, that the charges you urged
againit Wilkes could never do him anya mif-
chief. After all, when we expected diſco-
veries highly interefting to the community,
what a pitiful detail did it end in !4-Some old
cloaths a Welſh poney-a French footman,
and a hamper of claret. Indeed Mr. Horne,
the public ſhould, and will forgive him his
claret and his footmen, and even the ambi-
tion of making his brother Chamberlain of
London, as long as he ſtands forth againſt i a
miniſtry and parliament, who are doing every
thing they can to 'enflave the country, land
as long as he is a thorn in the King's ſide.
You will not fufpect me of ſetting up Wilkes
for a perfect character. The queſtion to the
publie is, where ſhall we fiad a man, who,
with purer principles, will go the lengths,
and run the hazards that he has done the
ſeaſon calls for ſuch a man, and he ought to
be ſupported. What would have been the
triumph of that odious hypocrite and his
minions, if Wilkes had been defeated ! It
was not your fault, reverend Sir, that he did
not enjoy it completely.--But now I promiſe
you, you have ſo little power to do miſchief,
that I much queſtion whether the miniſtry
JUNIUS, &c.
163
will adhere to the promiſes they have made
you. It will be in vain to ſay that I am a
partizan of Mr. Wilkes, or perſonally your
enemy.
You will convince no man, for
you do not believe it yourſelf. Yet, I con-
feſs, I am a little offended at the low rate,
at which you ſeem to value my underſtanding.
I beg, Mr. Horne, you will hereafter believe
that I meaſure the integrity of men, by their
conduct, not by their profeſſions. Such tales
may entertain Mr. Oliver, or your grand-
mother, but truſt me, they are thrown away
upon Junius.
You ſay you are a man. Was it generous,
was it manly, repeatedly to introduce into a
news-paper, the name of a young lady, with
whom you muſt heretofore have lived on
terms of politeneſs and good-húmour ?-but
I have done with you. In my opinion, your
credit is irrecoverably ruined. Mr. Town-
fend, I think is nearly in the ſame predica-
ment.--Poor Oliver has been ſhamefully
duped by you. You have made him facri-
fice all the honour he got by his impriſon-
ment. -As for Mr. Sawbridge, whoſe cha-
raeter I really reſpect, I am aſtoniſhed he
does not ſee through your duplicity. Never
was ſo baſe a deſign ſo poorly conducted.-
This letter, you fee, is not intended for the
public,
164
LETTERS OF
public, but if you think it will do you any
ſervice, you are at liberty to publiſh it.
JUNIUS.
*** The foregoing was ſent as a private letter to Mr.
Horne, but he ſent it back to the printer with directions
to publiſh it.
La serie
LETTER LXVIII.
forget
TO JUNIU S.
SIR, 31 July, 1771.
Vou
ou have diſappointed me. When
I told you that furiniſe and general
abufe, in however clegant language, ought
not to paſs for proofs, I evidently hinted at
the reply which I expected : but you have
dropped your uſual elegance, and feem wil-
ling to try what will be the effect of furmiſe
and general abuſe in very coarſe, language.
Your anſwer to my letter (which I hope was
cool and temperate and modeft) has convinced
me that my idea of a man is much ſuperior to
yours of a gentleman. Of your former letters
I have always ſaid materiem fuperabat opus :
I do
JUNIUS, &c.
165
I do not think ſo of the preſent; the princi-
ciples are more deteftable than the expreſſions
are mean and illiberal. I am contented that
all thoſe who adopt the one ſhould for ever
load me with the other. The
I APPEAL to the common-ſenſe of the
public, to which I have ever directed inyfelf:
I believe they have it, though I am fometimes
half-inclined to ſuſpect that Mr. Wilkes has
formed a truer judgment of mankind than I
have. However of this I am ſure, that there
is nothing elſe upon which to place a fteady
reliance. Trick, and low cunning, and ad-
dreſſing their prejudices and paſſions, may be
the fitteft means to carry a particular point ;
but if they have not common-fenfe, there is
no proſpect of gaining for them any real per-
manent good. The fame paflions which have
been artfully uſed by an honeſt man for their
advantage, may be more artfully employed
by a diſhoneft man for their deftruction. I de-
fire them to apply their common-fenſe to this
letter of Junius, not for my fake, but their
own ; it concerns them moft nearly, for the
principles it contains lead to diſgrace and
ruin, and are inconſiſtent with every notion
of civil ſociety.
The charges which Junius has brought
againſt me are made ridiculous by his own
incon-
166
LETTERS OF
inconſiſtency and ſelf-contradiction. He
charges me poſitively with “ a new zeal in
“ fupport of adminiftration;" and with “en-
" deavours in ſupport of the miniſterial no-
« mination of theriffs." And he aſſigns two
inconſiſtent motives for my conduct : either
that I have “ fold myſelf to the miniſtry
or am inftigated “ by the folitary, vindi&tive
« malice of a monk:' either that I am infine
enced by a ſordid deſire of gain; or am hur-
ried on by 6 perfonal hatred and blinded by
“ reſentment." In his letter to the Duke of
Grafton he ſuppoſes me actuated by both :
in his letter to ine he at first doubts which of
the two, whether intereft, 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 mini-
ferial connexion he mentions no cauſe of
perfonal hatred to Mr. Wilkes, nor any rea-
fon for my refentment, or revenge; nor has
Mr. Wilkes himſelf ever hinted any, though
repeatedly preſſed. When Junius is called
upon to juſtify his accuſation, he anſwers,
" he cannot deſcend to an altercation with
* me in the news-papers.” Junius, who exifts
only in the news-papers, who acknowledges
“ he has attacked my character” there, and
" thinks I have ſome right to an explanation;"
yet
JUNIUS, &c.
167
yet this Junius, “ cannot deſcend to an alter-
« cation in the news-papers !! and becauſe
he cannot defcend to an altercation with me
in the news-papers, he ſends a letter of abuſe
by the printer, which he finiſhes with telling
me- I am at liberty to publiſh it. This
to be ſure is a moſt excellent method to avoid
an altercation in the news papers!
be
The proofs of his poſitive charges are as
extraordinary, * He does not pretend to any
* intellgence concerning me, or to know
“ more of my conduct than I myſelf have
" thought proper to communicate to the pub-
66 lic." He does not fufpect me of ſuch groſs
folly as to have ſolicited votes, or to have
written anonymouſly in the news-papers; be-
becauſe it is impoſſible to do either of theſe
without being detected and brought to ſhame.
Junius ſays this! Who yet imagines that he
has himfelf written two years under that fig-
nature, (and more
under others) without being
detected his warmeſt admirers will not
hereafter add, without being brought to
ſhame. But though he did never ſuſpect me
of ſuch groſs folly as to run the hazard of
being detected and brought to ſhame by ano-
nymous writing, he inſiſts that I have been
guilty of a much groſſer folly of incurring
the certainty of ſhame and detection by wri-
tings ſigned with my name! But this is a
ſmall
168
LETTERS OF
ſmall flight for the towering Junius : “ He
" is far from thinking meanly of my abili-
“ ties,”, though he is “convinced that I
want judgment extremely," and can “RE-
ALLY RESPECT Mr. Sawbridge's cha-
“ rafter,” though he declares him to be
so POOR A CREATURE * as not to fee
through the bafeſt deſign conducted in the poor
eft manner !” And this moſt baſe deſign
is conducted in the pooreſt manner, by a
man whom he does not ſuſpect of groſs follý,
and of whofe abilities he is FAR from think.
ing meanly !
SHOULD we aſk Junius to reconcile thefe
contradictions, and explain this nonſenſe:
It is exaâly in point here to introduce Mr. Horne
to the character of the Double Dealer. One would hare
thought they had been better acquainted. The hero
of the play is a gull, and made a fool, and cheated.
" _Is every inan a gull and a fool that is deceived
" At that rate I am afraid the two claſſes of men will
“ be reduced to one, and the knaves themſelves be at a
“ loſs to juſtify their title. But if an open, honeſt-
« hearted man, who has an entire confidence in one,
* whom he takes to be his friend, and who, (to confirm
him in his opinion) in all appearance and upon ſeveral
" trials has been fo; if this man be deceived by the
" treachery of the other, muſt he of neceflity commence
“ fool immediately, only becauſe the other has proved a
« villain ?”_-YES, ſays parſon Horne. No, ſays Con-
greve, and he will be allowed to have known fomething
of human nature.
the
JUNIUS, &c.
169
the anſwer is ready; “ he cannot deſcend
« to an altercation in the news papers." He
feels no reluctance to attack the character of
any man: the throne is not too high : nor
the cottage too low : his mighty malice can
graſp both extremes : he hints not his accu-
ſations as opinion, conje&turë, or inference; but
delivers them as poſitive affertions : Do the
accuſed complain of injuſtice? He acknow-
ledges they have ſome ſort of right to an ex-
planation ; but if they ask for proofs and fatts,
he begs to be excuſed : and though he is no
where elſe to be encountered" he cannot
66 defcend to an altercation in the news-
**
papers."
AND this perhaps Junius may think “ the
liberal reſentment of a gentleman;" this fkulking
aſſaſſination he may call courage. In all things
as in this I hope we differ:
“ I thought that fortitude had been a mean
“ 'Twixt fear and raſhneſs; not a luft ob-
"
ſcene
" Or appetite of offending ; but a ſkill
“ And nice diſcernment between good and
« ill.
" Her ends are honeſty and public good,
« And without theſe ſhe is not underſtood."
Vol. II.
I
Of
170
or
L E T T E R S
not a man:
Of two things however he has conde
ſcended to give proof. He very properly
produces a young lady to prove that I am
and a good old woman, iny
grandmother, to prove Mr. Oliver a fool.
Poor old ſoul! The read her bibie far other-
wiſe than Junius! The often found there that
the fins of the fathers had been viſited on the
children '; and therefore was cautious that
herſelf and her immediate defcendants ſhould
leave no reproach on her poſterity : and they
left none : how little could the foreſee this
reverſe of Junius, who viſits my political fins
upon my grandmother! I do not charge this
to the ſcore of malice in him, it proceeded
intirely from his propenſity to blunder; that
whilft he was reproaching me for introducing
in the moſt harmleſs manner, the name of one
female, he might himſelf at the ſame inſtant,
introduce two.
I AM repreſented alternately as it fuits Ju-
nius's purpoſe, under the oppoſite characters
of a gloomy Monk, and a man of politeneſs and
good humour. I am called “ a folitary Monk," ”
in order to confirm the notion given of me
in Mr. Wilkes's anonymous paragraphs, that
I never laugh: and the terms of politeneſs and
good bumour on which I am ſaid to have lived
heretofore with the young lady, are intended
to confirm other paragraphs of Mr. Wilkes,
in
JUNIUS, &c.
171
in which he is ſuppoſed to have offended mo
by refuſing his daughter. Ridiculous! Yet
I cannot deny but that Junius has proved
me unmanly and ungenerous as clearly as he has
fhewn me corrupt and vindi&tive : and I will
tell him more; I have paid the preſent Mi-
niftry as many viſits, and compliments as ever
I paid to the young lady, and ſhall all my life
treat them with the fame politeneſs and good
humour
But Junius begs nic to believe that he
“ meaſures the integrity of men by their
"conduet, not by their profeſions.” Sure this
Junius muſt imagine his readers as void of
underſtanding, as he is of modefty! Where
ſhall we find the ſtandard of his integrity
By what are we to meaſure the conduit of this
lurking affaflin - And he ſays this to me,
whoſe conduct, wherever I could perſonally
appear, has been as direct and open and pub-
lic as my words; I have not, like him, con-
ccaled myſelf in a chamber to ſhoot my ar-
rows out of the window ; nor contented my-
ſelf to view the battle from afar; but publicly
mixed in the engagement, and ſhared the dan-
ger. To whom have I, like him, refuſed my
name upon complaint of
injury ? what prin-
ter have I deſired to conceal me? in the in-
finite variety of buſineſs I have been con-
cerned, where it is not ſo eaſy to be faultleſs,
which
172
LETTERS OF
which of my actions can he arraign? to what
daniger has any man been expoſed, which I
have not faced ? information, action, impriſon-
ment, or death? what labour have I refafed?
what expence have I declined? what pleaſure
have I not renounced But Junius, to whom
no conduet belongs, “ meaſures the integrity of
4 men by their conduct, not by their pro-
* feffions ;" himſelf all the while being no-
thing but profeſſions, and thoſe too anonymous !
the political ignorance or wilful falfhood of
this declaimer is extreme: his own former let-
ters juſtify both my conduct and thoſe whom
his laſt letter abuſes : for the public meaſures,
which Junius has been all along defending,
were ours, whom he attacks; and the uni.
form oppoſer of thoſe meaſures has been Mr.
Wilkes, whoſe bad actions and intentions he
endeavours to ſcreen.
Let Junius now, if he pleaſes, change
his abufe ; and quitting his looſe hold of in-
tereſt and revenge, accuſe me of vanity, and
call this defence boaſting. I own I have a
pride to ſee ſtatues decreed, and the higheſt
honours conferred for meaſures and actions
which all men have approved : whilſt thoſe
who counſelled and cauſed them are exe-
crated and inſulted. The darkneſs in whicla
Junius thinks himſelf throuded, has not con-
cealed him; nor the artifice of only attasking
unde
J U NI US, &c.
173
under that fignature thoſe he would pull down
(whilft he recommends by other ways thofe he
would have promoted) diſguiſed from me
whoſe partizan he is. When Lord Chatham
can forgive the aukward fituation in which
for the fake of the public he was deſignedly
placed by the thanks to him from the city;
and when Wilkes's name ceaſes to be neceffary
to Lord Rockingham to keep up a clamour
againt the perfons of the miniftry, without
obliging the different faktións now in oppo
fitioil to bind themfelves beforehand to fome
certain points, and to itipulate fome preciſe
advantages to tlie public, then, and not till
then, may thoſe whom he now abufes expect
the approbation of Juniuse. The approba-
tion of the public for our faithful attention
to their intereſt by endeavours for thoſe fti-
pulations, which have made us as obnoxious
to the facions in oppofition as to thoſe in
adminiſtration, is not perhaps to be expected
till fome years hence, where the public will
look back and fee how ſhamefully they have
been deluded ; and by what arts they were
made to loſe the goldent opportunity of pre-
venting what they will ſurely experience,
a change of minifters, without
a material
change of meaſures, and without any ſecurity
for a tottering conſtitution.
I 3
BUT
LETTERS
But what cares Junius for the ſecurity
of the conſtitution. He has now unfolded
to us his diabolical principles. As a public
can be muſt ever condemn any meaſure which
may tend accidentally to gratify the Sove-
reign: and Mr. Wilkes is to be ſupported
and aſſiſted in all his attempts (no matter
how riduculous and miſchievous his pro-
jects) as long as he continues to be a thorn in
the King's fide! The cauſe of the country it
ſeemns, in the opinion of Junius, is merely
to vex the King; and any raſcal is to be ſup-
ported in any roguery, provided he can only
thereby plant a thorn in the King's ſide. This
is the very extremity of faction, and the
laſt degree of political wickedneſs. Be-
caufe Lord Chatham has been ill-treated by
the King and treacherouſly betrayed by the
Duke of Grafton, the latter is to be “the
pillow on which Junius will reſt his refent-
ment;” and the public are to oppoſe the
meaſures of government from mere motives
of perſonal enmity to the Sovereign Theſe
are the avowed principles of the man who
in the fame letter ſays, “ if ever he ſhould
** be convinced that I had no motive but to
** deſtroy Wilkes, he ſhall then be ready to
*do juſtice to my character, and to declare
to the world that he deſpiſes me fomewhat
** leſs than he does at preſent !" Had I ever
*cted from perſonal affection or enmity to
JUNIUS, &c.
175
Mr. Wilkes, I lhould juſtly be deſpiſed : But
what does he deſerve whole avowed motive
is perſonal enmity to the Sovereign ; the
contempt which I ſhould otherwiſe feel for
the abfurdity and glaring inconſiſtency of
Funius, is here ſwallowed up in my abhora
rence of his principle. The right divine and
facredneſs of Kings is to me a ſenſeleſs jargon.
It was thought a daring expreſſion of Oliver
Cromwell in the time of Charles the Firſt,
that if he found himſelf placed oppoſite to
the King in battle, he would diſcharge his
piece into his bofom as: foon as into any
other man's. I go farther: had I lived in
thofe days, I would not have waited for
chance to give me an opportunity of doing
my duty : I would have fought him through
the ranks, and without the leaſt perſonal en,
mity, have diſcharged my piece into his bo-
fom rather than into any other man's. The
King, whoſe actions juſtify rebellion to his
government, deſerves death from the hand of
every ſubject. And ſhould ſuch a time arrive,
I ſhall be as free to act as to ſay. But till
then, my attachment to the perſon and family
of the Sovereign ſhall ever be found more
zealous and ſincere than that of his flatterers.
I would offend the Sovereign with as much
reluctance as the parent; but if the happineſs
and ſecurity of the whole family made it ne-
14.
ceſſary,
176
LE TT ER 8
ceffary, ſo far and no farther, I would offend
him without remorfe.
But let us confider a little whither theſe
principles of Junius would lead us. Should
Mr. Wilkes once more commiſſion Mr. Tho.
mas Walpole to procure for him a penfion of
one thouſaud pounds upon the Iriſh eſtabliſh-
ment for thirty years ; he muſt be fupported
in the demand by the public becauſe it
would mortify the King!
Svould he wiſh to fee Lord Rockingham
and his friends once more in adminiftration,
aneloogged by any ftipulations for the people, that
he might again enjoy a penſion of one thouſand
and forly pounds a year, viz. From the Firſt
Lord of the Treaſury 500l. From the Lords
of the Treaſury 60 l. each. From the Lords
of Trade, 401. each, &c. The public muft
give up their attention to points of national
beneft, and aſſiſt Mr. Wilkes in his attempt
---becauſe it would mortify the King !
SHOULD he demand the Government of
Canada, or of Jamaica, or the embaffy to
Confiantinople; and in caſe of refuſal tlırcaten
to write them down, as he bad before ferved
another adminiſtration, in a year and a half
he muſt be fupported in his pretenfion", and
upheld
JUNIUS, &c.
upheld in his infolence-becauſe it would
inortify the King!
JUNIUS may chooſe to ſuppoſe that theſe
things cannot happen | But that they have
happened, notwithſtanding Mr. Wilkes's de-
nial, I do aver. I maintain that Mr. Wilkos
did.cominiffion Mr. Thomas Walpole to foli-
cit for him a penſion of one thoufand pounds
on the Iriſh eſtabliſhment for thirty years ;
with which and a pardon he declared he
would be ſatisfied : and that notwith-
ſtanding his letter to Mr. Onſlow, he did
accept a clandeſtine, prekriaus and eleemoli-
nary penfion from the Rockingham admini
ftration; which they paid in proportion to,
and out of their falaries ; and fo entirely
was
it minifterial, that as any of them went out
of the miniſtry, their names were fcratched
out of the lift, and they contributed no
longer. I ſay, he did folicit
the governnients
and the embaily, and threatened their refuſal
nearly in thefe words - It coſt me a year
46 and a half to write down the laſt admini-
“ ftration, ſhould I employ as much time
upon you, very few of you would be in at
" the death.” When thele threats did not
prevail, he came over to England to em
barraſs tliem by his preſence ; and wlien he
found that Lord Rockingham was ſomething
firmer and more manly than he expected,
and
178
egi failing
LETTERS OF
and refufed to be bullied into what he
could not perform, Mr. Wilkes declared
that he could not leave England without
money, and the Duke of Portland and Lord
Rockingham purchaſed his abſence with one
hundred pounds a piece ; with which he re-
turned to Paris. And for the truth of what
I here advance, I appeal to the Duke of
Portland, to Lord Rockingham, to Lord
John Cavendiſh, to Mr. Walpole, &c.
I appeal to the hand-writing of Mr. Wilkes,
which is ſtill extant.
in this wholefale trade) chuſe to deal out his
popularity by the pound, and expofe the city
offices to ſale to his brother, his attorney,
&c. Junius will tell us, it is only an am-
bition that he has to make them chamberlain,
town-clerk, &c. and he muſt not be oppoſed
in thus robbing the ancient citizens of their
birth-right-becauſe any defeat of Mr. Wilkes
would gratify the King !
Should he, after conſuming the whole of
his own fortune and that of his wifc, and
incurring a debt of twenty thouſand pounds
merely by his own private extravagance,
without a fingle ſervice or exertion all this
time for the public, whilft his eſtate remain-
ed,
thould he, at length, being undone
JUNIUS, &c.
179
commence patriot, have the good fortune to
be illegally perfecuted, and in confideration
of that illegality be eſpouſed by a few gentle-
men of the pureſt public principles ; ſhould
his debts, (though none of them were con-
tracted for the public) and all his other in-
cumbrances be diſcharged ; Thould he be of-
fered bool. or 1000 l. a year to make him
independent for the future, and ſhould he,
after all, inſtead of gratitude for theſe fer-
vices, inſolently forbid his benefactors to
beſtow their own money upon any other ob-
ject but himſelf, and revile them for ſetting
any bounds to their ſupplies ; Junius (who,
any more than Lord Chatham, never contri-
buted one farthing to theſe enormous ex-
pences) will tell them that if they think
of converting the fupplies of Mr. Wilkes's
private extravagance to the ſupport of pub-
lic meaſures they are as great fools as
my grandmother; and that Mr. Wilkes
ought to hold the ſtrings of their purſes--
as long as he continues to be a thorn in the
King's ſide!
Upon theſe principles I never have acted,
and I never will act. In my opinion, it is
leſs diſhonourable to be the creature of a
court than the tool of a faction. I will not be
either. I underſtand the two great leaders of
oppoſition to be Lord Rockingham and Lord
I 6
Chatham;
180
OF
L ETTERS
Chatham, under one of whofe banners all
the oppofing members of both houſes, who,
defire to get places, enlift. I can place 110
confidence in either of thent, or in any others,
unleſs they will now engage, whilſt they are
out, to grant certain effential advantages for
the fecurity of the public when they ſhall be
IN adminiſtration. Thefe points they refuſe
to itipulate, becauſe they are fearful left they
should prevent any future overtures from the
court. To force them to thefe ftipulations
has been the uniform endeavour of Mr. Saw.
bridge, Mr. Townfend, Mr. Oliver, &c. and
THEREFORE, they are abuſed by Junius.
I know no reaſon but my zeal and induſtry
in the ſame cauſe that ſhould intitle me to the
honour of being ranked by his abufe with
perfons of their fortune and ſtation. It is a
duty I owe to the memory of the late Mr.
Beckford to fay, that he had no other aim
than this when he provided that fumptuous
entertainment at the Manſion Houſe for the
members of both houſes in oppoſition. At
that time he drew up the heads of an engage-
ment, wliich he gave to me with a requeſt
that I would couch 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 fign their own infamy, and leave it on re-
cord; and this engagement he was determin
ed
JUNIUS, &c.
181
ed to propoſe to them at the Manſion Houſe,
that either by their refuſal they might for-
feit the confidence of the public, or by the
engagement lay a foundation for confidence.
When they were informed of the intention,
Lord Rockingham and his friends flatly re-
fuſed any engagement; and Mr. Beckford
as flatly fwore, they ſhould then." cat none
€ of his broth;" and he was determined to
put off the entertainment : But Mr. Beck-
ford was prevailed upon by - to indulge
them in the ridiculous parade of a popular
procefſion through the city, and to give them
the fooliſh pleafure of an imaginary confe-
quence, for the real benefit only of the cooks
and purveyors.
It was the fame motive which di&tated
the thanks of the city to Lord Chatham ;
which were expreſſed to be given for his de-
claration in favour of ſhort parliaments : in
order thereby to fix Lord Chatham at leaſt
to that one conftitutional remedy, without
which all others can afford no ſecurity. The
embarraſſment no doubt was cruel. He had
his choice either to offend the Rockingham
party, who declared formally againſt ſhort par-
liaments, and with the aſſiſtance of whoſe
numbers in both houſes he muſt expect again
to be miniſter ; or to give up the confidence
of the public, from whom finally all real
CON-
182
I ETTERS
conſeqnence muſt proceed. Lord Chatham
choſe the latter: and I will venture to ſay,
that, by his anſwer to thoſe thanks, he has
given up the people without gaining the
friendſhip or cordial aſſiſtance of the Rock-
ingham faction: whoſe little politics are con-
fined to the making of matches, and extend-
ing their family connexions, and who think
they gain more by procuring one additional
vote to their party in the houfe 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 pre-
fent wretched ſtate of politics in this coun-
try, 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 reſpect, and
he counſels maliciouſly, who would perfuade
either to a wanton breach of it. When it is
baniſhed by either party, and when every
method has been tried in vain to reſtore it,
there is no remedy but a divorce : But even
then he muſt have a hard and a wicked heart
indeed who puniſhes the greateſt criminal
merely
JUNIUS, &c.
183
merely for the fake of the puniſhment; and
who does not let fall a tear for every drop of
blood that is ſhed in a public ſtruggle, how-
ever juſt the quarrel.
JOHN HORNE.
LETTER
LXIX.
THE
PRINTER
OF
THE
PUBLIC
ADVERTISER.
SIR,
15 Aug. 1771.
I
OUGHT to make an apology to the
Duke of Grafton, for ſuffering any
part of my attention to be diverted from his
Grace to Mr. Horne. I am not juſtified by
the fimilarity of their diſpoſitions. Private
vices, however deteſtable, have not dignity
fufficient to attra&t the cenſure of the preſs,
unleſs they are united with the power of do-
ing ſome fignal miſchief to the community.
-Mr. Horne's fituation does not correſpond
with his intentions.---In my own opinion,
(which I know, will be attributed to my
uſual vanity and preſumption) his letter to
me does not deſerve an anſwer. But I
But I un
derſtand that the public are not ſatisfied with
my filence ;---that an anſwer is expected
from
184
L E T T E RS OF
from me, and that if I perfift in refuſing to
plead, it will be taken for conviction. I
flould be inconſiſtent with the principles I
profeſs, if I declined an appeal to the good
ſenſe of the people, or did not willingly ſube
mit myſelf to the judgment of my peers.
If any coarſe expreſſions have eſcaped me,
I am ready to agree that they are unfit for
Junius to make uſe of, but I fee no reaſon
to admit that they have been improperly ap-
plied.
E.
MR. HORNE, is ſeems, is unable to com-
prehend how an extreme want of conduct
and diſcretion can confift with the abilities I
have allowed him; nor can he conceive that
a very honeft man, with a very good under-
ftanding, may be deceived by a knave. His
knowledge of human nature muſt be limited
indeed. Had he never mixed with the world,
one would think that even his books might
have taught him better. Did he hear Lord
Mansficld, when he defended his doctrine
concerning libels ?-Or when he ſtated the
law in profecutions for criminal converſa-
tion_Or when he delivered his reaſons for
calling the houſe of lords together to receive
a copy of his charge to the jury in Wood
fall's trial ?-Had he been preſent upon any
of theſe occafions, he would have ſeen hezky
poſible
JUNIUS, &c.
185
poſſible it is for a man of the firſt talents, to
confound himſelf in abſurdities, which would
diſgrace the lips of an ideot. Perhaps the
example might have taught him not to value
his own underſtanding fo highly.--Lord
Littleton's integrity and judgment are un-
queſtionable ;-yet lie is known to admire
that cunning Scotchman : and verily believes
him an honeit man. I ſpeak to fa&ts, with
which all of us are converfant,I ſpeak to
men and to their experience, and will not
defcend to anſwer the little ſneering ſophiſ-
tries of a collegian. Diſtinguiſhed talents
are not neceffarily connected with diferetion.
If there be any thing remarkable in the cha-
racter of Mr. Horne, it is, that extreme want
of judgment Thould be united with his very
moderate capaciry. Yet I have not forgotten
the acknowledgment I made him. He owes
it to my bounty : and though his letter has
lowered him in my opinion, I fcorn to retract
the charitable donation.
I SAID it would be very difficult for Mr.
Horne to write directly in defence of a mi
nifterial meaſure, and not be detected; and
even that difficulty I confined to his particu-
lar ſituation. He changes the terms of the
propofition, and ſuppoſes me to aſſert, that
it would be impoſſible for any man to write for
the news-papers and not be diſcovered.
He
186
LETTERS
He repeatedly affirms or intimates at leaſt,
that he knows the author of theſe letters.
With what colour of truth then can he pre-
tend that I am no where to be encountered but
in a news-paper ?-I ſhall leave bim to his
fufpicions. It is not neceſſary that I ſhould
confide in the honour or diſcretion of a man,
who already ſeems to hate me with as much
rancour, as if I had formerly been his friend.
But he aſſerts that he has traced me thro'
à variety of ſignatures. To make the dif-
covery of any importance to his purpoſe, he
ihould have proved, either that the fictitious
character of Junius has not been conſiſtently
ſupported, or that the author has maintain-
ed different principles under different figna-
tures. -I cannot recall to my memory the
numberleſs trifles I have written ;-but I rely
upon the conſciouſneſs of my own integrity,
and defy him to fix any colourable charge of
inconſiſtency upon me.
I am not bound to aſſign the ſecret mo-
tives of his apparent hatred of Mr. Wilkes :
nor does it follow that I may not judge fairly
of bis conduct, though it were true that I
had no conduct of my own
Mr. Horric en-
larges, with rapture, upon the importance of
his ſervices --the dreadful battles which he
might have been engaged in, and the dyisets
he has eſcaped. ---In ſupport of the longa-
JUNIUS, &c.
187
gree of merit, which aggravates his guilt.
dable deſcription, he quotes verſes without
mercy. The gentleman deals in fiction, and
naturally appeals to the evidence of the poets.
Taking him at his word, he cannot but
admit the fuperiority of Mr. Wilkes in this
line of ſervice. On one ſide we fee nothing
but imaginary diſtreſſes. On the other we
ſee real proſecutions ;-real penalties ;-real
impriſonment;-ife repeatedly hazarded ;
and, at one moment, almoſt the certainty of
death. Thanks are undoubtedly due to eve-
ry man who does his duty in the engagement;
but it is the wounded ſoldier who deſerves the
reward.
I Did not mean to deny that Mr. Horne
had been an active partizan. It would de-
feat my own purpoſe not to allow him a de-
The very charge of contributing his utmoſt ef-
forts to ſupport a miniſterial meaſure, implies
an acknowledgment of his former ſervices.
If he had not once been diſtinguiſhed by his
apparent zeal in defence of the common
cauſe, he could not now be diſtinguiſhed by
deſerting it.-As for myſelf, it is no longer
a queſtion whether I ſhall mix with the throng,
and take a ſingle ſhare in the danger. Whenever
Junius appears, he muſt encounter an hoſt of
enemies. But is there no honourable way to
ſerve the pablic, without engaging in perſo-
nal
188
OF
L E T T E R S
nal quarrels with infignincant individuals, or
ſubmitting to the drudgery of convaſſing votes
for an election? Is there no merit in dedicat:
ing my life to the information of my fellow-
ſubjects ?-What public queſtion have I de-
clined, what villain have I ſpared ? Is there
no labour in the compofition of theſe letters !
Mr. Horne, I fear, is partial to me, and
meaſures the facility of my writings, by the
fluency of his own.
He talks to us, in high terms, of the gal-
larit fcats he would have performed, if he had
lived in the laſt century.
The unliappy
Charles could hardly have eſcaped him. But
living princes have a claim to his attachment
and reſpect. Upon theſe terms, there is no
danger in being a patriot. If he means any
thing more than a pompous rhapſody, let us
try how well his argument holds together.
1 preſume he is not yet ſo much a courtier as
to affirm that the conſtitution has not been
groſsly and daringly violated under the prefent
reign. He will not ſay, that the laws have
not been ſhamefully broken or perverted ;-
that the rights of the ſubject have not been
invaded, or that redreſs has not been re-
peatedly ſolicited and refuſed. --Grievances
like theſe were the foundation of the rebel-
lion in the laft century, and, if I underſtand
Mr. Horne, they would, at that period, have
juſti-
JUNIUS, &c.
189
juſtified him to his own mind, in deliberate-
ly attacking the life of his Sovereign. I
ſhall not aſk him to what political conſti-
tution this doctrine can be reconciled. But,
at leaſt, it is incumbent upon him to thew,
that the preſent King has better excuſes,
than Charles the Firſt, for the errors of his
government. He ought to demonſtrate to us
that the conſtitution was better undertood a
hundred years ago than it is at preſent
that the legal rights of the ſubject, and the
limits of the prerogative were more accurate-
ly defined, and more clearly comprehended.
If propofitions like theſe cannot be fairly
maintained, I do not ſee how he can recon-
cile it to his conſcience, not to act immedi.
ately with the ſame freedom with which he
ſpeaks. I reverence the character of Charles
the Firſt as little as Mr. Horne; but I will
not infult his misfortunes, by a compariſon
that would degrade him.
It is worth obſerving, by what gentle de-
grees, the furious, perſecuting zeal of Mr.
Horne has foftened into moderation. Men
and meaſures were yeſterday his object. What
pains did he once take to bring that great
ſtate criminal Macquirk to execution !--To-
day he confines himſelf to meaſures only.--
No penal example is to be left to the fuc-
ceffors of the Duke of Grafton.---To-mor-
row,
190
or
LETTERS
row, I preſume both men and meaſures will
be forgiven. The flaming patriot, who fo
lately fcorched us in the meridian, finks
temperately to the weſt, and is hardly felt as
he defcends.
I COMPREHEND the policy of endeavour-
ing to communicate to Mr. Oliver and Mr.
Sawbridge, a ſhare in the reproaches, with
which he ſuppoſes me to have loaded him.
My memory fails me, if I have mentioned
their names with difreſpect ;-unleſs it be re-
proachful to acknowledge a fincere refpc& for
the character of Mr. Sawbridge, and not to
have queſtioned the innocence of Mr. Oliver's
intentions.
IT feerns I am a partizan of the great Tea-
der of the oppoſition. If the charge had been
a reproach, it ſhould have been better fup
ported. I did not intend to make a public
declaration of the reſpect I bear Lord Chat-
ham. 1 well know what unworthy con-
cluſions would be drawn from it. But I am
called upon to deliver my opinion, and ſurely
it is not
in the little cenſure of Mr. Horne to
deter me from doing ſignal juſtice to a man,
who, I confeſs, has grown upon my eſteem.
As for the common, fordid views of avarice,
or any purpoſe of vulgar ambition, I queſtion
whether the applauſe of Junius would be
of
JUNIUS, &c.
191
of ſervice to Lord Chatham. My vote will
hardly recommend him to an encreafe of his
penſion, or to a feat in the cabinet. But if
his ambition be upon a level with his under-
ſtanding ;--if he judges of what is truly ho-
nourable for himſelf, with the ſame fuperior
genius, which animates and directs him, to
eloquence in debate, to wiſdom in deciſion,
even the pen of Junius Thall contribute to
reward him: Recorded honours ſhall gather
round his monument, and thicken over him.
It is a ſolid fabric, and will ſupport the laurels
that adorn it commodo. I am not converfant in the
language of panygeric.---Thefe praiſes are
extorted from me ; but they will wear well,
for they have been dearly earned.
My deteftation of the Duke of Grafton is
not founded upon his treachery to any indivi-
dual: though I am willing enough to ſuppoſe
that, in public affairs, it would be impoſſible
to defert or betray Lord Chatham, without
doing an eſſential injury to this country. My
abhorrence of the Duke ariſes from an in-
timate knowledge of his character, and from
a thorough convi&tion, that his bafeneſs has
been the cauſe of greater miſchief to Eng-
land, than even the unfortunate ambition of
Lord Bute.
THE
192
LETTERS OF
The ſhortening the duration of parliaments
is a ſubject, on which Mr. Horne cannot en-
large too warmly ; nor will I queſtion his
fincerity. If I did not profeſs the ſame fen-
timents, I ſhould be ſhamefully inconſiſtent
with myſelf. It is unneceffary to bind Lord
Chatham by the written formality of an en-
gagement. He has publicly declared himſelf
a convert to Triennial Parliaments; and tho'
I have long been convinced that this is the
only poſſible reſource we have left to preſerve
the fubitantial freedom of the conftitution, 1
do not think we have a right to determine
againſt the integrity of Lord Rockingham or
his friends. Other meafures may undoubt-
edly be ſupported in argument, as better an
dapted to the diſorder, or more likely to be
obtained.
MR. HORNE is well aflured, that I never
was the champion of Mr. Wilkes. But tho
I am not obliged to anſwer for the firmneſs
of his future adherence to the principles he
profeſſes, I have no reaſon to preſume that he
will hereafter diſgrace them. As for all thoſe
invaginary caſes, which Mr. Horne ſo petu-
lantly urges againſt me, I have one plain,
honeſt anſwer to make to him.--Whenever
Mr. Wilkes ſhall be convicted of foliciting
a penſion, an embaſſy, or a government, he
muſt depart from that ſituation, and renounce
that
JUNIUS, &c.
193
that character, which he aſſumes at preſent,
and which, in my opinion, intitles him to the
ſupport of the public. By the ſame act, and
at the fame moment, he will forfeit his power
of mortifying the King; and though he can
never be a favourite at St. James's, his baſe-
neſs may adminiſter a ſolid fatisfaction to the
royal mind. The man, I ſpeak of, has not a
heart to feel for the frailties of his fellow-crea-
It is their virtues that afflict, it is their
vices that conſole him. **
tues.
I give every poſlible advantage to Mr.
Horne, when I take the facts he refers to for
granted. That they are the produce of his
invention, ſeems highly probable ; that they
are exaggerated I have no doubt. At the
worſt, what do they ainount to, but that
Mr. Wilkes, who never was thought of as a
perfect pattern of morality, has not been at all
times proof againſt the extremity of diſtreſs.
How ſhameful is it, in a man who has lived
in friendſhip with him, to reproach him with
failings, too naturally connected with deſpair!
Is no allowance to be made for baniſhment
and ruin? Does a two years impriſonment
make no atonement for his crimes ?_The
reſentinent of a prieft is implacable. No ſuf-
ferings can ſoften, no penitence can appeaſe
him. -Yet he himſelf, I think, upon his own
fyftem, has a multitude of political offences
VOL. II.
K
to
194
L L ET TERS OF
to atone for. I will not inſiſt upon the nau-
ſeous detail, with which he ſo long diſguſted
the public. He ſeems to be aſhamed of it.
But what excufe will he make to the friends
of the conſtitution for labouring to promote
this confummately bad man to a ſtation of the
higheſt national truſt and importance Upon
what honourable motives did he recommend
him to the livery of London for their repre-
fentative ;-to the ward of Farringdon for
their alderman;-to the county of Middleſex
for their knight? Will he affirm that, at that
time, he was ignorant of Mr. Wilkes's foli-
citations to the miniſtry? That he ſhould
fay fo, is indeed very neceſſary for his own
juſtification, but where will be find credulity
to believe him
In what ſchool this gentleman learned his
ethics I know not. His logic ſeems to have
been ſtudied under Mr. Dyſon. That mi-
ferable pamphleteer, by dividing the only
precedent in point, and taking as much of it
as ſuited his purpoſe, had reduced his argu-
ment upon the Middleſex election to ſome-
thing like the ſhape of a fyllogiſm. Mr. Horne
has conducted himfelf with the ſame ingenuity
and candour. I had affirmed that Mr. Wilkes
would preſerve the public favour, “ as long
” as he ſtood forth againſt a miniſtry and par-
“ liament, who were doing every thing they
« could
JUNIUS, &c.
195
6 could to enſlave the country, and as long as
“ he was a thorn in the King's fide.” Yet,
from the exulting triumph of Mr. Horne's
reply, one would think that I had reſted my
expectation, that Mr. Wilkes would be ſup-
ported by the public, upon the ſingle condition
of his mortifying the King. This may be
logic at Cambridge or at the Treaſury, but
among men of ſenſe and honour, it is folly
or villainy in the extreme.
I see the pitiful advantage he has taken
of a fingle unguarded expreſſion, in a letter
not intended for the public. Yet it is only
the expreffion that is unguarded. I adhere to
the true ineaning of that member of the fen-
tence, taken ſeparately as be takes it, and now,
upon the cooleſt deliberation, reaffert that,
for the purpoſes I referred to, it may be highly
meritorious to the public, to wound the per-
fonal feelings of the Sovereign. It is not a
general propoſition, nor is it generally applied
to the chief
magiſtrate of this, or any other
conſtitution. Mr. Horne knows as well as
I do, that the beſt of princes is not diſpleaſed
with the abuſe, which he ſees thrown upon
his oſtenſible miniſters. It makes them, I
preſume, more properly the objects of his
royal compaſſion ;-neither does it eſcape his
dagacity, that the lower they are degraded in
the public eſteem, the more ſubmiſſively they
K 2
muſt
196
OF
L E T TERS
muft depend upon his favour for protection.
This, I affirm upon the moſt ſolemn con-
viction, and the moſt certain knowledge, is
a leading maxim in the policy of the cloſet.
It is unneceſſary to purſue the argument'any
farther.
MR. HORNE is now a very loyal ſubject.
He laments the wretched ſtate of politics in
this country, and fees, in a new light, the
weakneſs and folly of the oppoſition. Who-
ever or whatever is Sovereign, demands the re-
Speat and ſupport of the people, it was not ſo,
when Nero fiddled while Rome was burning.
Our gracious Sovereign has had wonderful
ſucceſs, in creating new attachments to his
perfon and family. He owes it, I preſume, to
the regular ſyſtem he has purſued in the my-
ſtery of converfion. He began with an ex-
periment upon the Scotch, and concludes
with converting Mr. Horne-What a pity
it is, that the Jews ſhould be condemned by
Providence to wait for a Mefliah of their
own!
The prieſthood are accuſed of miſinter-
preting the ſcriptures. Mr. Horne has im-
proved upon his profeſſion. He alters the
text, and creates a refutable doctrine of his
own. Such artifices connot long delude the
underſtanding of the people ; and without
mean-
JUNIUS, &c.
197
meaning an indecent compariſon, I may ven-
ture to foretel, that the Bible and Junius will
be read, when the commentaries of the Jeſuits
are forgotten.
JUNIUS.
:
LETTER
LXX.
THE
PUBLIC
PRINTER
ADVERTISER.
SIR,
26 Auguft, 1771
THO
HE enemics of the people, having
now nothing better to object to my
friend Junius, are at laſt obliged to quit his
politics and to rail at hin for crimes he
is not guilty of. His vanity and impiety
are now the perpetual topics of their abuſe,
I do not mean to leſſen the force of ſuch
charges, (ſuppofing they were true) but to
ſhew that they are not founded. If I ad-
mitted the premiſes, I ſhould readily agree
in all the conſequences drawn from them.
Vanity indeed is a venial error, for it uſually
carries its own puniſhment with it;-but if
I thought Junius capable of uttering a dif-
reſpe&ful word of the religion of his country,
I ſhould be the firſt to renounce and give him
K 3
and give up
198
LETTERS OF
up to the public contempt and indignation.
As a man, I am fatisfied that he is a Chriſtian
upon the moſt fincere conviction. As a wri-
ter, he would be groſsly inconſiſtent with his
political principles, if he dared to attack a re-
ligion eſtabliſhed by thoſe laws, which it ſeems
to be the purpoſe of his life to defend.---Now
for the proofs:-Junius is accuſed of an im-
pious alluſion to the holy ſacrament, where he
ſays that, if Lord Weymouth be denied the cup,
there will be no keeping him within the pale of
the miniſtry. Now, Sir, I affirm that this
paſſage refers entirely to a ceremonial in the
Roman catholic church, which denies the cup
to the laity. It has no manner of relation to
the Proteftant creed, and is in this country, as
fair an object of ridicule as tranfubftantiation,
or any other part of Lord Peter's hiſtory in
the Tale of the Tub.
But Junius is charged with equal vanity
and impiety, in comparing his writings to
the holy ſcripture. The formal proteft he
makes againſt any ſuch compariſon, avails him
nothing. It becomes neceſſary then to ſhew
that the charge deſtroys itſelf.-If he be vain,
he cannot be impious, A vain man does not
uſually compare himſelf to an object, which
it is his deſign to undervalue. On the other
hand, if he be impious, he cannot be vain.
For his impiety, if any, muſt conſiſt in his
endea
JUNI U S, &c.
199
endeavouring to degrade the holy fcriptures
by a compariſon with his own contemptible
writings. This would be folly indeed of the
groffeſt nature, but where lies the vanity?
I fhall now be told - Sir, what you fay is
“ plauſible enough, but still you muſt allow
" that it is ſhamefully impudent in Junius to
" tell us that his works will live as long as
" the Bible." My anſwer is. Agreed: but
firſt prove that he has ſaid to. Look at his
words, and you will find that the utmoſt he
expects is, that the Bible and Junius will ſur-
vive the commentaries of the Jefuits, which
may prove true in a fortnight. The moſt
malignant fagacity cannot thew that his works
are, in his opinion, to live as long as the Bible.
-Suppoſe I 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 profaneneſs.
Yet this is the way in which Junius is
uſually anſwered, arraigned and convicted.
Theſe candid critics never remember any
thing he ſays in honour of our holy religion,
though it is true that one of his leading ar
guments is made to reſt upon the internal evi-
dence which the pureſt of all religions carries
with it. I quote his words, and conclude
from
K 4
200
LETTERS
from them, that he is a true and hearty Chriſ
tian, in ſubſtance, not in ceremony; though
poffibly he may not agree with my Reverend
Lords the Biſhops, or with the head of the
Church, that prayers are morality, or that
kneeling is religion.
PHILO JUNIU S.
LETTER LXXI.
o
JUNIU S.
17 Auguft, 1771.
I
CONGRATULATE you, Sir, on the
recovery of your wonted
ſtyle, though it
has coſt you a fortnight. I compaffionate
your labour in the compoſition of your let-
ters, and will communicate to you the fecret
of my fluency.—Truth needs no ornament;
and, in my opinion, what ſhe borrows of the
pencil is deformity.
You brought a poſitive charge againſt me
of corruption. I denied the charge, and cal-
led for your proofs. You replied with abuſe
and re-aſſerted your charge. I called again
far
201
Qedrioped my
JUNIUS, &c.
for proofs. You reply again with abuſe only,
and drop your accuſation. In your fort-
night's letter there is not a word upon the
ſubject of my corruption.
I HAVE no more to ſay, but to return
thanks to you for your condeſcenſion, and to
a grateful public and honeſt miniſtry for all
the favours they have conferred upon me,
The two latter, I am ſure, will never refuſe
me any grace I ſhall folicit ; and fince you
have been pleaſed to acknowledge that you
told a deliberate lie in my favour out of
bounty, and as a charitable donation, why
may I not expect that you will hereafter (if
name with difrefpcét) make the ſame acknow-
ledgement for what you have ſaid.to my pre-
judice? This ſecond recantation will per-
haps be more abłorrent froin your difpo-
ſition ; but ſhould you decline it, you will
only afford one more inſtance how much
eaſier it is to be generous than juſt, and that
men are fometimes bountiful who are not
honeft.
At all events I am as well fatisfied with
your panygeric as Lord Chatham can be.
Monument I ſhall have none ; but over my
grave it will be ſaid, in your own words,
K 5 " Harne's
202
LETTERS OF
“Horne's ſituation did not correſpond with his
66 intentions *.!
JOHN HORNEť.
LETTER
LXXII.
12 do
TO HIS GRACE THE DUKE OF GRAFTON.
MY LORD,
28 Sept. 1771.
T.
THE people of England are not ap-
priſed of the full extent of their obli-
gations to you. They have yet no adequate
idea of the endleſs variety of your character.
They have ſeen you diſtinguiſhed and ſuc-
ceſsful in the continued violation of thoſe
moral and political duties, by which the
little, as well as the great focieties of life,
are collected and held together. Every co-
lour, every character became you. With
a rate of abilities, which Lord Weymouth
very juſtly looks down upon with contempt,
* The epitaph would not be ill-fuited to the charac-
ter : At the beſt, it is but equivocal.
+ SOMETIME after this, Mr. Horne left the church,
and ſtudied the law, but did not ſucceed in being called
to the bar. He has lately changed his name to Tooke.
you
JUNIUS, &c.
203
you have done as much miſchief to the com-
munity as Cromwell would have done, if
Cromwell had been a coward, and as much as
Machiavel, if Machiavel had not known,
that an appearance of morals and religion are
uſeful in ſociety.To a thinking man, the
influence of the crown will, in no view, ap-
pear fo formidable, as when he obſerves to
what enormous excelles it has fafely con-
du&ted your Grace, without a ray of real un-
derſtanding, without even the pretenſions to
common decency or principle of any kind,
or a fingle ſpark of perſonal reſolution. What
muſt be the operation of that pernicious in-
fluence, (for which oor Kings have wiſely
exchanged the nugatory name of prerogative)
that, in the higheſt tationis, can ſo abun-
dantly ſupply
the abfèrice of virtue, courage,
and abilities, and qualify a inan to be the
miniſter of a great nation, whom a private
gentleman would be aſhamed and afraid to
admit into his family ! Like the univerſal
paſſport of an ambaſſador, it ſuperſedes the
prohibition of the laws, baniſhes the ſtaple
virtues of the country, and introduces vice
and folly triumphantly into all the depart-
ments of the ſtate. Other princes
, beſides
his Majeſty, have had the means of cor-
ruption within their reach, but they have
uſed it with moderation. In former times
corruption was conſidered as a foreign auxili-
K 6
ary
204
LE TT ERS OF
ary to government, and only called in upon
extraordinary emergencies. The unfeigned
piety, the fanctified religion of George the
Third have taught him to new model the civil
forces of the ſtate. The natural reſources of
the crown are no l
1 are no longer confided in. Cor-
ruption glitters in the van ;
-collects and
maintains a ſtanding army of mercenaries,
and, at the ſame moment, impoveriſhes and
inſlaves the country.--His Majeſty's prede-
ceſſors, (excepting that worthy family, from
which you, my Lord, are unqueſtionably de-
ſcended) had ſome generous qualities in their
compofition, with vices, I confeſs, or frail-
ties in abundance. They were kings or gen-
temen, not hypocrites or prieſts. They
were at the head of the church, but did not
know the value of their office. They ſaid
their prayers without ceremony, and had too
little prieſtcraft in their underſtanding, to
reconcile the fanctimonious forms of religion
with the utter deſtruction of the morality of
their people. My Lord this is faét, not
declamation.-With all your partiality to
the houſe of Stuart, you muſt confeſs, that
even Charles the Second would have bluſhed at
that open encouragement, at thoſe eager
meretricious careffes, with which every fpe-
cies of private vice and public proſtitution is
received at St. James's.-The unfortunate
houſe of Stuart has been treated with an af-
perity,
JUNI U $, &c.
205
perity, which, if compariſon be a defence,
ſeems to border upon injuſtice. Neither
Charles nor his brother were qualified to ſup-
port ſuch a fyftem of meaſures, as would be
neceſſary, to change the government, and
ſubvert the conſtitution of England. One
of them was too nuch in earneft in his plea-
fures, the other in his religion. But the
danger to this country would ceaſe to be
problematical, if the crown fhould ever de-
fcend to a prince, whoſe apparent fimplicity
might throw his ſubjects off their guard,
who might be no libertine in behaviour,
who ſhould have no fenſe of honour to re-
ftrain him, and who, with juſt religion e-
nough to impofe upon the multitude, might
have no fcruples of conſcience to interfere
with his morality. With thele honourable
qualifications, and the deciſive advantage of
ſituation, low craft and falſehood are all the
abilities that are wanting deftroy the wiſ-
dom of ages, and to deface the nobleft mo-
nument that human policy has erected__
know fuch a man ;_My Lord, I know
both ; and, with the bleſſing of God (for I
too am religious,) the people of England
ſhall know you as well as I do. I am not
very ſure that greater abilities would not in
effect be an impediment to a defign, which
feems at firſt fight to require a ſuperior ca-
pacity. A better underſtanding might make
him
206
L ETTERS OF
him fenfible of the wounderful beauty of that
ſyſtem he was endeavouring to corrupt.
The danger of the attempt might alarm him.
The meannefs, and intrinſic worthleffnefs of
the object (ſuppoſing he could attain it) would
fill him with ihame, repentance, and diſguft.
But theſe are ſenſations, which find no en-
trance into a barbarous, contracted heart.
In ſome men, there is a malignant paſſion to
deſtroy the works of genius, literature, and
freedom The Vandal and the Monk find
equal gratification in it. Regina
REFLECTIONS like theſe, my Lord, have
a general relation to your grace, and inſepa-
rably attend you, in whatever company or
fituation your character occurs to us. They
have no immediate connection with the fol-
lowing reeent fact, which I lay before the
public, for the honour of the beſt of Sove-
reigns, and for the edification of his people.
A PRINCE (whoſe piety and ſelf-denial,
one would think, might ſecure him
from ſuch
a multitude of worldly neceſſities,) with an
annual revenue of near a million ſterling, un-
fortunately wants money.-The navy of Eng-
land, by an equally ſtrange concurrence of
unforeſeen circumſtances, (though not quite
fo unfortunately for his Majeſty) is in
want of timber. The world knows, in what
a hope-
equal
JUNIUS, &c.
209
<
a hopeful condition you delivered the navy
to your fucceffor, and in what a condition
we found it in the moment of diſtreſs. You
were determined it ſhould continue in the
ſituation in which you left it. It happened,
however, very luckily for the privy purſe,
that one of the above wants promiſed fair to
ſupply the other. Our religious, benevolent,
generous Sovereign, has no objection to ſel-
ling his own timber to his own admiralty, to
repair his own fhips, nor to putting the money
into his own pocket. People of a religious
turn naturally adhere to the principles of the
church. Whatever they acquire falls into
mortmain... Upon a repreſentation from the
admiralty of the extraordinary want of timber,
for the indifpenfible repairs of the navy, the
ſurveyor general was directed to make a fur-
vey of the timber in all the royal chaces and
foreſts in England. Having obeyed his or-
ders with accuracy and attention, he reported,
that the fineſt timber he had any where met
with, and the propereſt in every refpe&t for
the purpoſes of the navy; was in Whittlebury
Foreſt, of which your Grace, I think, is
hereditary ranger. In conſequence of this
report, the uſual warrant was prepared at the
treaſury, and delivered to the ſurveyor, by
which he or his deputy were authoriſed to cut
down any trees in Whittlebury Foreſt, which
Should appear to be proper for the purpoſes
above-
208
LETTERS
above-mentioned. The deputy being in-
formed that the warrant was figned and de-
livered to his principal in London, croſſes
the country to Northamptonſhire, and with
an officious zeal for the public ſervice, begins
to do his duty in the foreſt. Unfortunately
for him, he had not the warrant in his pocket.
The overſight was enormous, and you have
puniſhed him for it accordingly. You have
infifted that an active, uſeful officer ſhould
be diſmiſſed from his place. You have ruin-
ed an innocent man, and his family.-In
what language fhall I addreſs fo black, ſo
cowardly a tyrant ;
-thou worſe than one of
the Brunſwicks, and all the Stuarts !
-To
them, who know Lord North, it is unne-
ceſſary to ſay that he was mean and baſe
enough to ſubmit to you. This however
is but a ſmall part of the fact. After ruin-
ing the ſurveyor's deputy, for acting without
the warrant, you attacked the warrant itſelf.
You declared it was illegal, and ſwore, in a
fit of foaming, frantic paflion, that it never
ſhould be executed. You aſſerted upon your
honour, that in the grant of the rangerſhip
of Whittlebury Foreſt, made by Charles the Se-
cond, (whom, with a modeſty that would do
honour to Mr. Rigby, you are pleaſed to call
your anceſtor) to one of his baſtards, (from
whom I make no doubt of your deſcent,) the
property of the timber is yeſted in the ranger.
JUNIUS, &c.
209
have examined the original grant, and
now, in the face of the public, contradict
you dire&ly upon the fact. The very re-
verſe, of what you have aſſerted upon your
honour is the truth. The grant, expreſsly,
and by a particular clauſe, reſerves the pro-
perty of the timber for the uſe of the crown.
In ſpite of this evidence, in defiance of
the reprefentations of the admiralty ---in per-
fect mockery of the notorious dittreffes of
the Engliſh navy, and thoſe equally preſſing,
and almoft equally notorious neceſſities of
your pious Sovereign,--here the matter refts.
-The lords of the treaſury recal their
warrant; the deputy-furveyor is ruined for
doing his duty;---Mr. John Pitt, (whoſe
name I ſuppoſe is offenſive to you) ſubmits
to be brow-beaten and inſulted; the oaks
keep their ground ;---the King is defrauded,
and the navy of England may periſh for want
of the beſt and fineſt timber in the iſland.
And all this is ſubmitted to-to appeaſe the
Duke of Grafton S-To gratify the man,
who has involved the King and his kingdom
in confufion and diſtreſs, and who, like a
treacherous coward, deſerted his Sovereign in
the midit of it!
There has been a ſtrange alteration in
your doctrines, fince you thought it adviſe-
able to rob the Duke of Portland of his pro-
perty,
210
LE TT ERS OF
perty, in order to ſtrengthen the intereft of
Lord Bute's fon-in-law, before the laſt general
election. Nullum tempus écourrit regi, was then
your boafted motto, and the cry of all your
hungry partizans. Now it ſeems a grant of
Charles the Second to one of his baftards is to
be held ſacred and inviolable ! It muſt not be
queſtioned by the King's ſervants, nor ſub-
mitted to any interpretation but your own.
My Lord, this was not the language
you held, when it ſuited you to infult the
memory of the glorious deliverer of England
from that detefted family, to which you are
ſtill more nearly allied in principle than in
blood. In the name of decency and com-
mon-fenfe, what are your Grace's merits, ei-
ther with King or miniſtry, that ſhould inti-
tle you to aflume this domineering authority
over both? Is it the fortunate confangui-
nity you claim with the houſe of Stuart
Is it the ſecret correſpondence you have for
fo many years carried on with Lord Bute, by
the affiduous affiſtance of your cream coloured
parafite - Could not your gallantry "find
fufficient employment for him, in thofe gentle
offices by which he firſt acquired the tender
friendſhip of Lord Barrington 2.1 Or is it
only that wonderful ſympathy of manners,
which ſubſiſts between your Grace and one of
your ſuperiors, and does ſo much honour to
you both ---Is the union of Blifil and Black
George
J UNIUS, &c.
211
George no longer a romance ? From what
ever origin your influence in this country
arifes, it is a phænomenon in the hiſtory of
human virtue and underſtanding..Good
men can hardly believe the fact. Wife men
are unable to account for it. Religious men
find exerciſe for their faith, and inake it the
laſt effort of their piety, not to repine againſt
providence.
JUNIUS.
LETTER
LXXII.
TO THE LIVERY OF LONDON.
GENTLEMEN,
30 Sept. 1771.
TF
I
you alone were concerned in the event
of the preſent election of a chief magi-
ſtrate of the metropolis, it would be the high-
eſt preſumption in a ſtranger, to attempt to
influence your choice, or even to offer you
his opinion. But the ſituation of public af-
fairs has annexed an extraordinary impor-
tance 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 member of the
community is intereſted. I will not ſcruple
to
212
LETTERS
to ſay, that the very being of that law, of
that right, of that conſtitution, for which we
have been ſo long contending, is now at
ſtake. They, who would enſnare your
judgment, tell you, it is a common, ordinary
caſe, and to be decided by ordinary prece-
dent and practice. They artfully conclude,
from moderate peaceable times, to times
which are not moderate, and which ought not
to be peaceable.While they folicit your
favour, they infilt upon a rule of rotation,
which excludes all idea of election.
LET me be honoured with a few minutes
of your attention..------The queſtion, to thoſe
who mean fairly to the liberty of the people,
(which we all profeſs to have in view) lies
within a very narrow compaſs. Do you
mean to defert that juſt and honourable, fyf-
tem of meaſures which you have hitherto
purſued, in hopes of obtaining from parlia-
meht or from the crown, a full redreſs of
paſt grievances, and a ſecurity for the fu-
ture? Do you think the cauſe deſperate,
and will you declare, that you think ſo to
the whole people of England ? If this be
your meaning and opinion, you will act con-
fiftently with it, in chooſing Mr. Naſh.--I
profeſs to be unacquainted with his private
character. But he has acted as a magiſtrate, ,
-as a public man.-As ſuch I ſpeak of hin,
JUNIUS, &c.
213
I ſee his name in a proteſt againſt one of
your remonftrances to the crown. He has
done every thing in his power to deſtroy the
freedom of popular ele&tions in the city by
publiſhing the poll upon a former occaſion;
and I know, in general, that he has diſtin-
guiſhed himſelf, by flighting and thwarting
all thoſe public meaſures, which you have
engaged in with the greateſt warmth, and
hitherto thought most worthy of your ap-
probation.----From his paſt conduct, what
concluſion will you draw, but that he will
act the ſame part as Lord Mayor, which he
has invariably acted as Alderman and Sheriff ?
He cannot alter his conduct, without con-
feffing that he never acted upon principle of
any kind. I ſhould be forry to injure the
character of a man, who perhaps may be ho-
neft in his intention, by ſuppoſing it poſſible,
that he can ever concur with you in any po-
litical meaſure, or opinion.
IF, on the other hand, you mean to perſe-
vere in thoſe reſolutions for the public good,
which though not always fucceſsful, are al-
ways honourable, your choice will naturally
incline to thofe men, who, (whatever they
be in other refpe&s,) are moſt likely to co-
operate with you the great purpoſes which
you are determined not to relinquiſh :--The
queſtion is not, of what metal your inſtru-
ments
214
LET TERS OF
a ?
ments are made, but whether they are adapted
to the work you have in hand The honours
of the city, in theſe times, are improperly,
becauſe excluſively, called a reward. You
mean not merely to pay, but to employ.
Are Mr. Croſby and Mr. Sawbridge likely
to execute the extraordinary, as well as
the ordinary duties of Lord Mayor?
Will they grant you common halls when it
ſhall be neceffary?... Will they go up with
remonftrances to the King ? Have they
firmneſs enough to meet the fury of a venal
houſe of commons --Have they fortitude e-
nough not to ſhrink at impriſonment?---
Have they fpirit enough to hazard their lives
and fortunes in a conteſt, if it ſhould be ne-
queſtions can fairly be anſwered in the affir
mative, your choice is made. Forgive this
paſſionate language.--I am unable to correct
it.-The fubje&t comes home to us all,--It is
the language of my heart.
JUNIUS.
LET TER
JUNIUS, &c.
215
.
EL
LETTER
1.XXIV,
TO THE PRINTER OF THE PUBLIC AD
*****, VERTISER
SIR,
5 Oftober, 1771.
Oman laments, more fincerely than
I do, the unhappy differences, which
have ariſen among the friends of the people,
and divided them from each other. The
cauſe undoubtedly ſuffers, as well by the di-
minution of that ſtrength, which union car-
ries with it, as by the ſeparate loſs of perſonal
reputation, which every man ſuſtains, when
his character and condu&t are frequently held
forth in odious or contemptible colours.
Theſe differences are only advantageous
to the common enemy of the country.--The
hearty friends of the cauſe are provoked and
diſguſted.---The lukewarm advocate avails
himſelf of any pretence to relapſe into that
indolent indifference about every thing that
ought to intereſt an Engliſhman, ſo unjuſtly
dignified with the title of moderation.
The falfe, infidious partiſan, who creates or
foments the diſorder, ſees the fruit of his
diſho-
216
LETTERS OF
diſhoneſt induſtry ripen beyond his hopes,
and rejoices in the promiſe of a banquet, only
delicious to ſuch an appetite as his own.-It
is time for thoſe who really mean well to the
Cauſe and the People, who have no view to pri-
vate advantage, and who have virtue enough
to prefer the general good of the community
to the gratification of perſonal animofities, --it
is time for ſuch men to interpoſe. Let us
try whether theſe fatal diſſenſions may not
yet
be reconciled; or, if that be impracticable,
let us guard at leaſt againſt the worſt effects
of diviſion, and endeavour to perſuade theſe
furious partizans, if they will not conſent to
draw together, to be ſeparately uſeful to that
cauſe, which they all pretend to be attached
Honour and honeſty muſt not be re-
nounced, although a thouſand modes of right
and wrong were to occupy the degrees of
morality between Zeno and Epicurus. The
fundamental principles of Chriſtianity. may
ſtill be preſerved, though every zealous fec-
tary adheres to his own excluſive doctrine,
and pious Eccleſiaſtics make it part of their
religion to perſecute one another. -The
civil conſtitution too, that legal liberty, that
general creed, which every Engliſhman pro-
feſſes, may ſtill be ſupported, though Wilkes,
and Horne, and Townſend, and Sawbridge,
1hould obſtinately refuſe to communicate,
and even if the fathers of the church, if Sa-
vile,
to.
JUNIUS, &c.
217
vile, Richmond, Camden, Rockingham, and
Chatham, fhould diſagree in the ceremonies
of their political worſhip, and even in the in-
terpretation of twenty texts in Magna Charta.
I ſpeak to the people as one of the people,
-Let us employ theſe men in whatever de-
partments their various abilities are beſt ſuited
to, and as much to the advantage of the com-
mon cauſe, as their different inclinations will
permit. They cannot ferve us, without ef
ſentially ſerving themſelves.
I
IF Mr. Naſh be elected, he will hardly
venture, after ſo recent a inark of the per
onal eſteem of his fellow-citizens, to declare
himſelf immediately a courtier. The fpirit
and activity of the Sheriffs will, I hope, be
fufficient to counteract any finifter intentions
of the Lord Mayor. In colliſion with their
virtue, perhaps he may take fire.
It is not neceſſary to exact from Mr.
Wilkes the virtues of a Stoic. They were
inconſiſtent with themſelves, who, almoſt
at the ſame moment, repreſented him as the
bafeſt of mankind, yet feemed to expect
from him ſuch inſtances of fortitude and ſelf-
denial, as would do honour to an apoſtle.
It is not however flattery to ſay, that he is
obſtinate, intrepid, and fertile in expedients.
That he has no poffible refource, but in
Vol. II.
the
218
LETTERS
the public favour, is, in my judgment, a con-
fiderable recommendation of him. I wiſh
that every man, who pretended to popularity,
were in the ſame predicament. I wiſh that
a retreat to St. James's were not ſo eaſy and
open, as patriots have found it. To Mr.
Wilkes there is no acceſs. However he may
be miſled by paſſion or imprudence, I think
he cannot be guilty of a deliberate treachery
to the public. The favour of his country
conſtitutes the thield, which defends him a-
gainſt a thouſand daggers. Deſertion would
diſarm him.
*
I CAN more readily admire the liberal
fpirit and integrity, than the found judgment
of any man, who prefers a republican form
of government, in this or any other empire
of equal extent, to a monarchy fo qualified
and limited as ours. I am convinced, that
neither is it in theory the wiſeft ſyſtem of
government, nor practicable in this country.
Yet, though I hope the Engliſh conſtitution
will for ever preſerve its original monarchical
form, I would
have the manners of the people
purely and ſtrictly republican. I do not
mean the licentious ſpirit of anarchy and riot.
I mean a general attachment to the com-
mon weal, diftin&t from any partial attach-
ment to perſons or families ;-an implicit
ſubmiſſion to the laws only, and an affection
to
JUNIUS, &c.
219
to the magiſtrate, proportioned to the inte-
grity and wiſdom, with which he diſtributes
juſtice to his people, and adminiſters their
affairs. The prefent habit of our political
body appears to me the very reverſe of what
it ought to be. The form of the conſtitution
Jeans rather more than enough to the popu-
lar branch; while, in effect, the manners of
the people (of thoſe at leaſt who are likely
to take a lead in the country) incline too ge-
nerally to a dependence upon the crown.
The real friends of arbitrary power combine
the facts, and are not inconſiſtent with their
principles, when they ſtrenuouſly ſupport the
unwarrantable privileges aſſumed by the
houſe of commons. In theſe circumſtances,
it were much to be deſired, that we had
many fuch men as Mr. Sawbridge to repre-
ſent us in parliament - I ſpeak from com-
mon report and opinion only, when I impute
to him a ſpeculative predilection in favour of
a republic. --_In the perfonal conduct and
manners of the man, I cannot be miſtaken.
He has fhewn himſelf pofleffed of that repub-
lican firmneſs, which the times requirc, and
by which an Engliſh gentleman may be as
uſefully and as honourably diſtinguiſhed, as
any citizen of ancient Rome, of Athens, or
Lacedæmon.
MR.
220
LET TERS
MR. TOWNSEND complains that the pub-
lic gratitude has not been anſwerable to his
deſerts. It is not difficult to trace the artifi-
ces, which have ſuggeſted to him a language,
fo unworthy of his underſtanding. A great
man commands the affections of the people.
A prudent man does not complain when he
has loſt them. Yet they are far from being
loft to Mr. Townſend. He has treated our
opinion a little too cavalierly. A young man
is apt to rely too confidently upon himſelf,
to be as attentive to his miftreſs, as a polito
and paſſionate lover ought to be. Perhaps
he found her at firſt too eafy a conqueſt.
Yet, I fancy, ſhe will be ready to receive him
whenever he thinks proper to renew his ad-
dreffes. With all his youth, his fpirit, and
his appearance, it would be indecent in the
lady to ſolicit his return.
I HAVE too much reſpect for the abilities
of Mr. Horne, to flatter myſelf that theſe
gentlemen will ever be cordially re-united.
It is not, however, unreaſonable to expect,
that each of them ſhould act his
ſeparate part,
with honour and integrity to the public.-
As for difference of opinion upon fpecula-
tive queſtions, if we wait until they are re-
conciled, the action of human affairs muſt
be ſuſpended for ever. But neither are we
to look for perfection in any one man, nor
for
JUNIUS, &c.
221
for agreement anong many. When Lord
Chatham affirms, that the authority of the
Britiſh legiſlature is NOT SUPREME over
the colonies, in the ſame fenfe in which it is
Supreme over Great Britain when Lord
Camden ſuppoſes a neceflity, (which the King
is to judge of) and, founded upon that ne-
ceflity, attributes to the crown a legal power
(not given by the act itſelf) to fufpend the
operation of an act of the legiſlature,
liſten to them both with diffidence and refpeët, but
WITHOUT the SMALLEST DEGREE OF CON-
VICTION OR ASSENT. Yet, I doubt not,
they delivered their real ſentiments, nor ought
they to be haftily condemned.--I to have a
claim to the candid interpretation of my coun-
try, when I acknowledge an involuntary, com-
pulſive aſſent to one very unpopular opinion.
I lament the unhappy neceſſity, whenever it
ariſes, of providing for the ſafety of the ſtate,
by a temporary invaſion of the perſonal liberty
of the ſubject. Would to God it were prac-
ticable to reconcile theſe important objects,
in every poſſible fituation of public affairs !
- I regard the legal liberty of the meaneft
man in Britain, as much as my own, and
would defend it with the ſame zeal. I know
we muſt ſtand or fall together. But I never
can doubt, that the community has a right
to command, as well as to purchaſe, the ſer-
vice of its meinbers. I ſee that right found-
L 3
ed
LETTERS 10
庭​瑞
​ed originally upon a neceſſity, which fupera
fedes all argument. I fee it eſtabliſhed by
uſage immemorial, and admitted by more
than a tacit afſent of the legiſlature. I con-
clude there is no remedy, in the nature of
things, for the grievance complained of
for, if there were, it muſt long fince have
been redreſſed. Though numberleſs oppor-
tunities have preſented themſelves, highly
favourable to public liberty, no ſucceſsful at-
tempt has ever been made for the relief of the
ſubject in this article. Yet it has been felt
and complained of, ever fince England had a
navy.-The conditions, which conftitute this
right, muſt be taken together. Separately,
they have little weight. It is not fair to ar.
gue, from any abuſe in the execution, to the
illegality of the power: much lefs is a con-
cluſion to be drawn from the navy to the
land ſervice. A ſeaman can never be em-
ployed but againſt the enemies of his country,
The only caſe in which the King can have
a right to arm his fubje&ts in general, is that
of a foreign force being actually landed uponi
our coaſt. Whenever that caſe happens, no
true Engliſhman will enquire, whether the
King's right to compel him to defend his
country be the cuſtom of England, or a grant
of the legiſlature. With regard to the preſs for
ſeainen, it does not follow that the ſymptoms
may not be ſoftened, although the diſtemper
cannot
JUNIUS, &c. 223
cannot be cured. Let bounties be increaſed
as far as the public purſe can ſupport them.
Still they have a limit, and when every rea-
fonable expence is incurred, it will be found,
in fact, that the ſpur of the preſs is wanted to
give operation to the bounty.
UPON the whole, I never had a doubt about
the ſtrict right of preffing, until I heard that
Lord Mansfield had applauded Lord Chatham
for delivering fomething like this doctrine in
the houſe of lords. That confideration ſtag-
gered me not a little. But, upon reflection,
his conduct accounts naturally for itſelf. He
knew the doctrine was unpopular, and was
eager to fix it upon the man, who is the firſt
object of his fear and deteſtation. The cun-
ning Scotchman
never ſpeaks truth without a
fraudulent deſign. In council, he generally
affects to take a moderate part. Beſides his
natural timidity, it makes part of his political
plan, never to be known to recommend violent
meaſures. When the guards are called forth
to murder their fellow-ſubjects, it is not by
the oſtenſible advice of Lord Mansfield. That
odious office, his prudence tells him, is better
left to ſuch men as Gower and Weymoutlı,
as Barrington and Grafton. Lord Hillſbo-
rough wiſely confines his firmneſs to the diſ-
tant Americans.-----The defigns of Mansfield
are more ſubtle, more effe&tual, and ſecure.
L 4
Who
LETTERS OF
Who attacks the liberty of the preſs!
Lord Mansfield. Who invades the conftitu-
tional power of juries ---Lord Mansfield.---
What judge ever challenged a juryman, but
Lord Mansfield ----Who was that judge,
who, to ſave the King's brother, affirmed that
a man of the firſt rank and quality, who ob-
tains a verdiet in a fuit for criminal conver-
ſation, is entitled to no greater damages than
the meaneſt mechanic Lord Mansfield.
Who is it makes commiffioners of the Great
Seal?--Lord Mansfield.--Who is it forms a
decree for thoſe commiſſioners, deciding a-
gainſt Lord Chathan, and afterwards (finding
himſelf oppoſed by the judges) declares in
parliament, that he never had a doubt that
the law was in direat oppoſition to that de-
cree-Lord Mansfield. Who is he, that
has made it the ftudy and practice of his life,
to undermine and alter the whole ſyſtem of
juriſprudence in the court of King's Bench
-Lord Mansfield. There never exiſted a
man but himſelf, who antwered exactly to ſo
complicated a deſcription. Compared to
theſe enormities, his original attachment to
the Pretender, (to whom his deareft brother
was confidential ſecretary) is a virtue of the
firſt magnitude. But the hour of impeach-
ment will come, and neither he nor Grafton
Thall eſcape me. Now let them make com-
mon cauſe againſt England and the houſe of
Hano-
JUNIUS, &c.
225
WHEN I refer to ſignal inſtances of unpo.
Hanover. A Stuart and a Murray ſhould
ſympathize with each other.
pular opinions delivered and maintained by
men, who may well be ſuppoſed to have no
view but the public good; I do not mean to
renew the difcuffion of ſuch opinions. I
ſhould be forry to revive the dormant queſ.
tions of Stamp-aël, Corn-bill, or Preſs-wart
rant. I mean only to illaftrate one uſeful
propofition, which it is the intention of this
paper to inculcate That we ſhould not ger
nerally reje&t the friendſhip ori ſervices of any
man, becauſe he differs from us in a particular
opinion, This will not appear a ſuperfluous
caution, if we obſerve the ordinary conduct
of mankind. In public affairs, there is the
leaſt chance of a perfect concurrence of ſenti-
ment, or inclination. Yet every man is able
to contribute ſomething to the common ſtock,
and no man's contribution ſhould be rejected.
If individuals have no virtues, their vices may
be of uſe to us. I care not with what prin-
ciple the new-born patriot is animated, if the
meaſures he ſupports are beneficial to the
community. The nation is intereſted in his
condu&t. His motives are his own. The
properties of a patriot are periſhable in the
individual, but there is a quick ſucceſſion of
ſubjects, and the breed is worth preſerving.
The
L 5
226
OF
LETTER
The fpirit of the Americans may be an
uſeful example to us. Our dogs and horſes
are only Engliſh upon Engliſh ground; but
patriotiſm, it ſeeins, may be improved by
tranſplanting. I will not reject a bill,
which tends to confine parliamentary privi-
lege within reaſonable bounds, though it
ſhould be ſtolen from the houſe of Cavendiſh,
and introduced by Mr. Onflow. The fea-
tures of the infant are a proof of the deſcent,
and vindicate the noble birth from the baſe-
neſs of the adoption. I willingly accept of
a ſarcaſm from Colonel Barre, or a fimile from
Mr. Burke. Even the filent vote of Mr.
Calcraft is worth reckoning in a diviſion.
What though he riots in the plunder of the
army, and has only determined to be a pa-
triot, when he could not be a peer?--Let
us profit by the aſſiſtance of fuch men, while
they are with us, and place them, if it be
poſſible, in the poft of danger, to prevent de-
ſertion. The wary Wedderburn, the pom
pous Suffolk, never threw away the fcabbard,
nor ever went upon a forlorn hope. They
always treated the King's ſervants as men,
with whom, fome time or other, they might
poffibly be in friendſhip ---When a man
who ſtands forth for the public, has gone
that length, from which there is no practica-
ble retreat, when he has given that kind of
perſonal offence, which a pious monarch never
pardons,
JUNIUS, &e.
227
pardons, I then begin to think him in earneſt,
and that he never will have occaſion to ſolicit
the forgiveneſs of his country.—But inſtances
of a determination ſo entire and unreſerved
are rarely met with. Let us take mankind,
as they are. Let us diftribute the virtues and
abilities of individuals, according to the offices
they affect, and when they quit the ſervice,
let us endeavour to ſupply their places with
better men than we have loft. In this coun-
try, there are always candidates enough for
popular favour. The temple of fame is the
ſhorteſt paſſage to riches and preferment.
restauranter som
ABOVE all things, let me guard my coun-
trymen againſt the meannefs and folly of ac-
cepting of a trifling or moderate compenſation
for extraordinary and effential injuries. Our
enemies treat us, as the cunning trader does
the unſkilful Indian. They magnify their
generoſity, when they give us baubles, of
little proportionate value, for ivory and gold.
The ſame houſe of commons, who robbed the
conſtituent body of their right of free election,
who preſumed to make a law under pretence
of declaring
it, who paid our good king's debts,
without once enquiring how they were in-
curred; who gave thanks for repeated mur-
ders committed at home, and for national in-
famy incurred abroad; who ſcreened Lord
Mansfield; who impriſoned the magiſtrates
L6
of
228
LETTERS
of the metropolis, for aſſerting the ſubject's
right to the protection of the laws; who eraf-
ed a judicial record, and ordered all proceed-
ings in a criminal ſuit to be fufpended ;
this very houſe of commons have graciouſly
confented, that their own members may be
compelled to pay their debts, and that conteſt-
ed elections ſhall for the future be determined
with ſome decent regard to the merits of the
caſe. The event of the fuit is of no conſe-
quence to the crown. While parliaments are
feptennial, the purchaſe of the fitting mem-
ber or of the petitioner makes but the differ-
ence of a day.-Conceſſions, ſuch as theſe,
are of little moment to the ſum of things; un-
leſs it be to prove, that the worft of men are
fenfible of the injuries they have done us, and
perhaps to demonftrate to us the imminent
danger of our ſituation. In the ſhipwreck of
the ſtate, trifles float and are preſerved; while
every thing ſolid and valuable ſinks to the bot-
tom, and is loft for everyone internal
JUNIUS.
LETTER
JUNIUS, &c.
229
LETTER
LXXV.
PUBLIC
THE PRINTER OF THE
ADVERTISER.
S IR,
15 October, 1771.
I
AM convinced that Junius is incapable
of wilfully miſreprefenting any man's
opinion, and that his inclination leads him
to treat Lord Camden with particular candour
and reſpect. The doctrine attributed to him
by Junius, as far as it goes, correſponds with
that ſtated by your correſpondent Scævola,
who feeins to make a diftin&tion without a
difference. Lord Camden, it is agreed, did
certainly maintain that, in the recefs of par-
liament, the King, (by which we all mean
the King in council, or the executive power)
might ſuſpend the operation of an act of the
legiflature ; and he founded his doctrine up-
on a ſuppoſed neceſſity, of which the King,
in the first inſtance, muſt be judge. The
lords and commons cannot be judges of it in
the firſt inſtance, for they do not exift.-
Thus far Junius.
BÚT,
230
L E T T ER S
OF
onſe-
But, ſays Scævola, Lord Camden made par-
liament, and not the King, judges of the ne-
ceſſity.---That parliament may review the
acts of miniſters is unqueſtionable ; but there
is a wide difference between ſaying that the
crown has a legal power, and, that miniſters
may act at their peril. When we ſay an act
is illegal, we mean that it is forbidden by a
joint reſolution of the three eſtates. How
a ſubſequent reſolution of two of thoſe
branches can make it legal ab initio, will re-
quence would be truly dreadful, eſpecially in
theſe times. There is no act of arbitrary
power, which the King might not attribute
to neceffity, and for which he would not be
fecure of obtaining the approbation of his
proſtituted lords and commons. If Lord
Camden admits that the ſubſequent fanation
of parliament was neceffary to make the pro-
clamation legal, why did he fo obſtinately
oppoſe the bill, which was ſoon after brought
in, for indemnifying all thoſe perſons,
who
had acted under it? If that bill had not
been paſſed, I am ready to maintain, in direct
contradi&tion to Lord Camden's doctrine,
(taken as Scævola ſtates it) that a litigious
exporter of corn, who had ſuffered in his
property in conſequence of the proclamatiga,
might have laid his action againſt the cuſ-
tom-houſe officers, and would infallibly have
reco-
JUNIO &c.
231
recovered damages. No jury could refuſe
them; and if I, who am by no meanis litigi-
ous, had been ſo injured, I would aſſuredly
have inſtituted a fuit in Weſtminster-hall,
on purpoſe to try the queſtion of right. I
would have done it upon a principle of defi-
ance of the pretended power of either or both
houſes to make declarations inconſiſtent with
law, and I have no doubt, that, with an act
of parliament of my fide, I ſhould have been
too (trong for them all. This is the
which an Engliſhman ſhould ſpeak and adt,
and not fuffer dangerous precedents to be
eſtabliſhed, becauſe the circumſtances are fa-
vourable or palliating.
way, in
With regard to Lord Camden, the truth
is, that he inadvertently over-thot himſelf, as
appears plainly by that unguarded mention
of a tyranny of forty days, which I myſelf
heard. Inſtead of aflerting that the procla-
mation was legal, he ſhould have ſaid, “ My
“lords, I know the proclamation was illegal,
“ but I adviſed it becauſe it was indiſpen-
“ fably neceſſary to ſave the kingdom from
“ famine, and I ſubmit myſelf to the juſtice
" and mercy of my country.'
Such language as this would have been
manly, rational, and conſiſtent:-- not unfit
for
232
LETTERS
for a lawyer, and every way worthy of a great
man.
PHILO JUNIUS.
P. S. IF Scævola ſhould think proper to
write again upon this ſubject, I beg of him
to give me a direct anſwer, that is, a plain
affirmative or negative, to the following quef-
tions :-In the interval between the publiſh-
ing ſuch a proclamation (or order of coun.
cil) as that in queftion, and it's receiving
the fandion of the two houſes, of what na
ture is it-is it legal or illegal; or is it
neither one nor the other? I mean to be
candid, and will point out to him the confe-
quence of his anſwer either way. If it be
legal, it wants no farther ſanction. If it be
illegal, the ſubject is not bound to obey it,
conſequently it is a uſeleſs, nugatory act,
even as to it's declared purpoſe. Before the
meeting of parliament, the whole miſchief,
which it means to prevent, will have been
completed.
LETTER
JUNIUS, &c.
233
L ETTER
LXXVI.
TO
2 E N O.
SIR,
17 October, 1771.
THE fophiftry of your letter in defence
of Lord Mansfield is adapted to the
character you defend. But Lord Mansfield is
a man of form, and feldom in his behaviour
tranſgreffes the rules of decorum. I ſhall imi-
tate his lordſhip's good manners, and leave
you in the full poſſeſſion of his principles. / I
will not call you liar, jefuit, or villain ; but,
with all the politeneſs imaginable, perhaps
I may prove you ſo.
Like other fair pleaders in Lord Mans-
field's ſchool of juſtice, you anſwer Junius
by miſquoting his words, and miſtating his
propoſitions. If I am candid enough to ad-
mit that this is the very logic taught at St.
Omer's, you will readily allow that it is the
conſtant practice in the court of King's Bench.
-Junius does not ſay, that he never had a
doubt about the ſtrict right- of preſſing, till
he knew Lord Mansfield was of the ſame opinion.
His words are, until he heard that Lord Mans-
field
234
OF
L E T T E RS
field had applauded Lord Chatham for maintain-
ing that do&trine in the houſe of lords. It was
not the accidental concurrence of Lord Mans-
field's opinion, but the ſuſpicious applaufe
given by a cunning Scotchman to the man he
detefts, that raiſed and juſtified a doubt in the
mind of Junius. The queſtion is not, whe-
ther Lord Mansfield be a man of learning
and abilities (which Junius has never diſput-
ed,) but whether or no he abuſes and miſap-
plies his talents.
Junius did not ſay that Lord Mansfield had
adviſed the calling out the guards. On the
contrary, his plain meaning is, that he left
that odious office to men leſs cunning than
himſelf. Whether Lord Mansfield's doctrine
concerning libels be or be not an attack upon
the liberty of the preſs, is a queſtion, which
the public in general are very well able to de-
termine. I ſhall not enter into it at preſent.
Nor do I think it neceſſary to ſay much to a
man, who had the daring confidence to ſay
to a jury, * Gentlemen, you are to bring in
" a verdi&t guilty or nor guilty, but whether
* thc defendant be guilty or innocent is not
* matter for your confideration." Cloath it
in what language you will, this is the ſum
total of Lord Mansfield's doctrine. If not,
let Zeng ſhew the difference.
But
UNIO $, &c.
But it ſeems, the liberty of the preſs may be
abuſed, and the abuſe of a valuable privilege is
the certain means to loſe it. The firfi I ad-
mit, but let the abuſe be fubmitted to a
jury, a fufficient and indeed the only legal
and conftitutional check upon the licence of
the preſs. The ſecond I flatly deny. In di-
rect contradi&tion to Lord Mansfield, I af-
firm that " the abuſe of a valuable privilege
" is not the certain means to loſe it.” If it
were, the Engliſh nation would have few
privileges left, for where is the privilege that
has not, at one time or other, been abuſed by
individuals. But it is falſe in reaſon and
equity, that particular abuſes ſhould produce
a general forfeiture. Shall the community
be deprived of the prote&tion of the laws be-
cauſe there are robbers and murderers ?
Shall the community be puniſhed, becauſe
individuals have offended. Lord Mansfield
ſays ſo, conſiſtently enough with his prin-
ciples, but I wonder to find him fo explicit,
Yet, for one conceſſion, however extorted,
I confeſs myſelf obliged to him.--The liber-
ty of the preſs is after all a valuable privilege.
I agree with him moſt heartily, and will de-
fend it againſt him.
You aſk me, What juryman was challenged
by Lord Mansfield?----I tell you, his name
was Benſou, When his name was called,
Lord
236
L E T T E R S
Lord Mansfield ordered the clerk to paſs hin
by. As for his reaſons, you may ask him-
ſelf, for he aſſigned none. But I can tell
you what all men thought of it. This Ben-
fon had been refractory upon a former jury,
and would not accept of the law as delivered
by Lord Mansfield ; but had the impudence
to pretend to think for himſelf.----But you
it ſeems, honeſt Zero, know nothing of the
matter! You never read Junius's letter to
your patron! You never heard of the intend-
ed inftru&tions from the city to impeach Lord
Mansfield !-- You never heard by what dex
terity of Mr. Paterfon that meaſure was pre-
vented! How wonderfully ill ſome people are
informed!
Junius did never affirm that the crinie, of
feducing the wife of a mechanic or a peer, is
not the ſame, taken in a moral or religious
view. What he affirmed in contradi&tion to
the levelling principle ſo lately adopted by
Lord Manfield was, that the damages ſhould
be proportioned to the rank and fortune of the
parties; and for this plain reaſon ; (admit-
ted by every other judge that ever fat in
Weſtminſter Hall) becauſe, what is a com-
penſation or penalty to one man is none to
another. The ſophiſtical diftin&tion you at-
tempt to draw between the perſon injured,
and the perſon injuring is Mansfield all over.
1€
JUNIUS, &c.
237
If you can once eſtabliſh the propoſition that
the injured party is not intitled to receive large
damages, it follows pretty plainly that the
party injuring ihould not be compelled to pay
them ; confequently the King's brother is
effectually ſcreened by Lord Mansfeld's doc-
trine. Your reference to Nathan and David
come naturally in aid of your patron's pro-
feſſed ſyſtem of juriſprudence. He is fond of
introducing into the court of King's Bench any
law that contradicts or excludes the common
law of England - wliether it be canon, civil,
jus gentium, or levitical. But, Sir, the Bible
is the code of our religious faith, not of our
municipal juriſprudence, and though it was
the pleaſure of God to inflict a particular
puniſhment upon David's crime (taken as a
breach of his divine commands) and to ſend
his prophet to denounce it, an Engliſh jury
have nothing to do either with David or the
prophet. They conſider the crime, only as
it is a breach of order, an injury to an indi-
vidual, and an offence to fociety, and they
judge of it by certain poſitive rules of law, or
by the practice of their anceſtors. Upon the
whole, the man, after God's own heart, is
much indebted to you for comparing him to
the Duke of Cumberland. That his Royal
Highneſs onay be the man after Lord Mans-
field's s own heart feems much more probable,
and you I think Mr, Zeno, might ſucceed to-
lerably
238
LETTERS OF
lerably well in the character of Nathan. The
evil deity, the prophet, and the royal finner
would be very proper company for one ano-
ther
.
You ſay Lord Mansfield did not make the
commiſſioners of the Great Seal, and that he
only adviſed the King to appoint. I believe
Junius meant no more, and the diſtinction is
hardly worth difputing.
You fay he did not deliver an opinion upon
Lord Chatham's appeal. I affirm that he
did, dire&tly in favour of the appeal. This
is a point of fact, to be determined by evi-
dence only. But you affigu no reaſon for his
fuppofed filence, nor for his defiring a confe-
rence with the judges the day before. Was
not all Weſtminſter Hall convinced that he
did it with a view to puzzle them with ſome
perplexing queſtion, and in hopes of bring-
ing ſome of them over to him?_You ſay
the commiſlioners were very capable of fram-
ing a decree for themſelves. By the fact, it
only appears, that they were capable of fram-
ing an illegal one, which, I apprehend, is not
much to the credit either of their learning or
integrity.
We are both agreed that Lord Mansfield
has inceffantly laboured to introduce new
modes
JUNIUS, &c.
239
modes of proceeding in the court where he
preſides; but you attribute it to an honeſt zeal
in behalf of innocence oppreſſed by quibble
and chicane. I fay that he has introduced
new law too, and removed the landmarks
eſtabliſhed by former deciſions. I ſay that
his view is to change a court of common law
into a court of equity, and to bring every
thing within the arbitrium of a prætorian
court. The pablice muſt determine between
us. But now for his merits. Firſt then, the
eſtabliſhment of the judges in their places
for life, (which you tell us was advifed by
Lord Mansfield) was a conceſſion merely to
catch the people. It bore the appearance of
a royal bounty, but had nothing real in it.
The judges were already for life, excepting
in the caſe of a demiſe. Your boaſted bill
only provides that it ſhall not be in the
power of the King's fucceflor to remove
them. At the beft therefore, it is only a
legacy, not a gift on the part of his preſent
Majeſty, fince for himſelf, he gives up no-
thing. That he did oppofe Lord Camden
and Lord Northington upon the proclamation
againſt the exportation of corn, is moſt true,
and with great ability*. With his talents,
* His ſpeech on this occaſion was printed; it run
through many editions in a few weeks ; it is entitled,
" A ſpeech againſt the fufpending and diſpenſing prero-
arive.
and
240
LETTERS ON
and taking the right ſide of ſo clear a queſ
tion, it was impoſſible to ſpeak ill.-His
motives are not ſo eaſily penetrated. They
who are acquainted with the ſtate of poli-
tics, at that period, will judge of them
tomewhat differently from Zeno. Of the
popular bills, which you fay he ſupported in
the houſe of lords, the moſt material is un-
queſtionably that of Mr. Grenville for de-
ciding conteſted elections. But I ſhould be
glad to know upon what poſſible pretence
any member of the upper houſe could op
poſe ſuch a bill, after it had paſſed the houſe
of commons ? ---I do not pretend to know
what ſhare he had in promoting the other
two bills, but I am ready to give him all the
credit
you
deſire Still you will find that a
whole life of deliberate iniquity is ill atoned
for by doing now and then a laudable action
upon a mixed or doubtful principle.--If it be
unworthy of him, thus ungratefully treated,
to labour any longer for the public, in God's
name let him retire. His brother's patron,
(whoſe health he once was anxious for) is
dead, but the ſon of that unfortunate prince
ſurvives, and, I dare ſay, will be ready to
receive him,
PHILO JUNIU S.
LETTER
JUNIUS, &c.
L E T T E R LXXVI.
TO AN ADVOCATE
ADVOCATE IN THE CAUSE OF
THE PEOPLE.
You
SIR,
18 October, 1771.
ระยะ รอง รงรอง รจะ ไม่ได้
TOU do not treat Junius fairly. You
would not have condemned him fo
haſtily, if you had ever read Judge Forſter's ar-
gument upon the legality of preſling ſeamen.
A man who has not read that argument, is
not qualified to ſpeak accurately upon the
ſubject. In anſwer to ſtrong facts and fair
reaſoning, you produce nothing but a vague
compariſon between two things, which have
little or no reſemblance to each other.
Ge-
neral Warrants, it is true, had been often iſ-
ſued, but they had never been regularly quef-
tioned or refifted, until the caſe of Mr. Wilkes.
He brought them to trial, and the moment
they were tried, they were declared illegal.
This is not the caſe of Preſs Warrants. They
have been complained of, queſtioned, and re-
fifted in a thouſand inſtances; but ſtill the
legiſlature has never interpoſed, nor has
there ever been a formal deciſion againſt them
in any of the ſuporior courts.
On the con-
VOL. II.
M
trary,
242 LETTERS OF
trary, they have been frequently recognized
and admitted by parliament, and there are
judicial opinions given in their favour, by
judges of the firſt character. Under the va-
rious circumſtances, ſtated by Junius, he has
a right to conclude, for himſelf, that there is
no remedy. If you have a good one to pro-
poſe, you may depend upon the aſſiſtance and
applaufe of Junius. The magiſtrate, who
guards the liberty of the individual, deferves
to be commended. But let him remember
that it is alſo his duty to provide for, or at
leaſt not to hazard the ſafety of the commu-
nity. If, in the caſe of a foreign war and the
expectation of an invafion, you would rather
keep your fleet in harbour, than man it by
preſling feamen, who refuſe the bounty, I
have done.
You talk of difbanding the army with
wonderful eaſe and indifference. If a wiſer
man held ſuch language, I ſhould be apt to
fufpe&t his fincerity.
As for keeping up a much greater number
of ſeamen in time of peace, it is not to be
done. You will oppreſs the merchant, you
will diſtreſs trade, and deſtroy the nurſery of
your feamen. He muſt be a miſerable ftatef-
man, who voluntarily, by the fame act in-
creafes
JÚNIUS, &c.
243
creaſes the public expence, and lefſens the
means of ſupporting it.
PHILO JUNIU S.
I, ETTER
LXXVIII.
22 October, 1771.
A А
FRIEND of Junius deſires it may be
obſerved, (in anſwer to A Barriſter
at Law)
18. That the fa&t of Lord Mansfield's
having ordered a juryman to be paſſed by
(which poor Zeno never heard of) is now for-
mally admitted. When Mr. Benſon's name
was called, Lord Mansfield was obſerved to
fluſh in the face (a ſignal of guilt not uncom-
mon with him) and cried out, Paſs him by.
This I take to be ſomething more than a pe-
remptory challenge. It is an unlawful com-
mand, without any reafon aſſigned. That
the council did not refift, is true; but this
might happen eitlier from inadvertence, or
a criminal complaiſance to Lord Mansfield.--
You Barriſters are too apt to be civil to my
Lord
M 2
244
L ET T E R S OF
Lord Chief Juſtice, at the expence of your
clients.
2d. Junius did never ſay that Lord Mans-
field had deſtroyed the liberty of the preſs.
* That his lordſhip has laboured to deſtroy,--
" that his doctrine is an attack upon the li-
berty of the preſs,--that it is an invaſion of
" the right of juries," are the propofitions
maintained by Junius. His opponents never
anſwer him in point, for they never meet him
fairly upon his own ground.
3d. Lord Mansfield's policy, in endeavour-
ing to ſcreen his unconſtitutional doctrines
behind an act of the legiſlature, is eaſily un-
derſtood.-Let every Engliſhman ſtand upon
his guard; the right of juries to return a
general verdi&t, in all caſes whatſoever, is a
part of our conſtitution. It ſtands in no need
of a bill, either enacting or declaratory, to con-
firm it.
41h. With regard to the Groſvenor cauſe,
it is pleaſant to obſerve that the doctrine at-
tributed by Junius to Lord Mansfield, is ad-
mitted by Zeno and dire&tly defended. The
Barriſter has not the aſſurance to deny it
flatly, but he evades the charge and ſoftens
the do&trine by ſuch poor, contemptible
quib-
JUNIUS, &c.
245
quibbles, as cannot impoſe upon the meaneſt
underſtanding
5th. The quantity of buſineſs in the court
of King's Bench proves nothing but the liti-
gious ſpirit of the people, ariſing from the
great increaſe of wealth and commerce. Theſe
however are now upon the decline, and will
foon leave nothing but law ſuits behind them.
When Junius affirms that Lord Mansfield
has laboured to alter the fyftem of juriſpru-
dence, in the court where his lordſhip pre-
fides, he ſpeaks to thoſe, who are able to look
a little farther than the vulgar. Beſides that
the multitude are eaſily deceived by the im-
pofing names of equity and ſubſtantial juſtice, it
does not follow that a judge, who introduces
into his court new modes of proceeding, and
new principles of law, intends in every inſtance,
to decide unjuſtly, Why thould he, where
he has no intereſt ?
-We ſay that Lord
Mansfield is a bad man, and a worſe judge;
but we do not ſay that he is a mere devil. Our
adverſaries would fain reduce us to the diffi-
culty of proving too much.---This artifice
however ſhall not avail him. The truth of
the matter is plainly this. When Lord Mans-
field has 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,
whenever he thinks
proper. This, though a
wicked
M 3
246
LETTERS OF
wicked purpoſe, is neither abſurd nor unat:
tainable.
6th. The laſt paragraph, relative to Lord
Chatham's caufe cannot be anſwered. It partly
refers to facts, of too ſecret a nature to be aſ-
certained and partly is unintelligible. “Upon
one point, the cauſe is decided againſt Lord
* Chatham.Upon another point, it is de-
#" cided for him."Both the law and the
language are well ſuited to a Barriſter ! -
I have any gueſs at this honeſt gentleman's
meaning, it is, that," whereas the com-
* miffioners of the Great Seal ſaw the queſ-
** tion in a point of view unfavourable to
** Lord Chatham, and decreed accordingly,--
** Lord Mansfield, out of ſheer love and kind-
4* nefs to Lord Chatham, took 'the pains to
" place it in a point of view more favourable
** to the appellant."----Credat Judæus Apella.
_So curious an affertion would ſtagger the
faith of Mr. Sylva.
I, ETTER
JUNI U s, &c.
247
::
L E T T E R
LXXIX.
2 November, 1771.
WE
E are deſired to make the following
declaration, in behalf of Junius, up-
on three material points, on which his opi-
niòn has been miſtaken, or miſrepreſented.
If. Junius conſiders the right of taxing the
colonies, by an act of the Britiſh legiſlature,
as a ſpeculative right merely, never to be ex-
erted, nor ever to be renounced. To his judg-
ment it appears plain, ** That the general
reaſonings, which were employed againſt
power, went directly to our whole le-
giſlative right, and that one part of it could
“ not be yielded to ſuch arguments, without
a virtual ſurrender of all the reſt.”
46 that
2d. That with regard to preſs-warrants,
his argument ſhould be taken in his own
words, and anſwered ſtrictly ;
-that com-
pariſons may ſometimes illuſtrate, but prove
nothing ; and that, in this caſe, an appeal to
the paſſions is unfair and unneceſſary. Ju-
nius feels and acknowledges the evil in the
moſt expreſs terms, and will ſhew himſelf
ready
M 4
248
LETTERS
ready to concur in any rational plan, tha
may provide for the liberty of the individual,
without hazarding the ſafety of the commu-
nity. At the ſame time, he expects that the
evil, ſuch as it is, be not exaggerated or miſ-
repreſented. In general, it is not unjuſt that,
when the rich man contributes his wealth,
the poor man ſhould ſerve the ſtate in perſon;
otherwife the latter contributes nothing
to the defence of that law and conſtitution,
from which he demands ſafety and protec-
tion. But the queſtion does not lye between
rich and poor. The laws of England make
no fuch diſtinctions. Neither is it true that
the poor man is torn from the care and ſup-
port of a wife and family, helpleſs without
him. The fingle queſtion is, whether the
ſeaman*, in times of public danger, ſhall ſerve
the inerchant or the ſtate, in that profeſſion
to which he was bred, and by the exerciſe of
which alone he can honeſtly ſupport himſelf
and his family.-General arguments againſt
the doctrine of neceſity, and the dangerous
uſe that may be made of it, are of no weight
in this particular caſe. Neceſity includes the
idea of inevitable. Whenever it is fo, it
creates a law, to which all poſitive laws, and
* I confine myſelf ftri&tly to feamen ;--if any o-
thers are preſſed, it is a groſs abufe, which the magiſtrare
can and ſhould correct.
ufe, which the in
all
JUNIUS, &c.
249
all poſitive rights muſt give way. In this
ſenſe the levy of ſhip-money by the King's
warrant was not neceſſary, becauſe the buſineſs
might have been as well or better done by
parliament. If the doctrine, maintained by
Junius, be confined within this limitation, it
will go but very little way in ſupport of ar-
bitrary power. That the King is to judge of
the occaſion, is no objection, unleſs we are
told how it can poſſibly be otherwiſe. There
are other inſtances, not leſs important in the
exerciſe, nor leſs dangerous in the abuſe, in
which the conſtitution relies entirely upon
the King's judgment. The executive power
proclaims war and peace, binds the nation by
treaties, orders general embargoes, and im-
pofes quarantines, not to mention a multi-
tude of prerogative writs, which, though
liable to the greateſt abuſes, were never diſ-
puted.
3d. It has been urged, as a reproach to
Junius, that he has not delivered an opinion
upon the Game Laws, and particularly the
late dog-act. But Junius thinks he has much
greater reaſon to complain, that he is never
aſſiſted by thoſe, 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 whatſoever
is unreaſonably expected. He is not paid for
his
M 5
250
L E T T E R S
his labour, and certainly has a right to choofe
his employment.--As to the Game Laws, he
never fcrupled to declare his opinion, that
they are a ſpecies of the Foreſt Laws, that
they are oppreffive to the ſubject, and that
the ſpirit of them is incompatible with legal
liberty :--that the penalties, impoſed by theſe
laws, bear no proportion to the nature of the
offence, that the mode of trial and the degree
and kind of evidence neceſſary to convi&t,
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
oppreffive. That, in particular, the late acts
to prevent dog-ſtealing, or killing game be-
tween fun and fun, are diſtinguiſhed by their
abſurdity, extravagance, and pernicious ten-
dency. If theſe terms are weak, or ambigu-
ous, in what language can Junius expreſs him-
ſelf?-It is no excuſe for Lord Mansfield to ſay
that he happened to be abſent when theſe bills
paſſed the houſe of lords. It was his duty to
be preſent. Such bills could never have paſſed
the houſe of commons without his knowledge.
But we very well know by what rule he re-
gulates his attendance. When that order was
made in the houſe of lords in the caſe of Lord
Pomfret, at which every Engliſhman fhud-
ders, my honeſt Lord Mansfield found himfelf,
by mere accident, in the court of king's bench.
Otherwiſe, he would have done wonders
in
JUNIUS, &c.
251
in defence of law and property? The pitiful
evaſion is adapted to the character. But Ju-
nius will never juſtify himſelf, by the exam-
ple of this bad man. The diftin&tion be-
tween doing wrong, and avoiding to do right
belongs to Lord Mansfield. Junius diſclaims
it. TONA
4
L ETTER LXXX.
02
TO LORD CHIEF JUSTICE MANSFIELD,
2 November, 1771.
T the interceſſion of three of your coun-
A
A trymen, you have bailed a man, who,
I preſume, is alſo a Scotchnian*, and whom
the Lord Mayor of London had refuſed to
bail. I do not mean to enter into an exami
nation of the partial, finifter motives of your
conduct; but confining myſelf ftri&ly to the
fact, I affirm, that you have done that, which
by law you were not warranted to do. The
thief was taken in the theft ;
-the ſtolen
* John Erre was an Engliſhman, and a man of
very conſiderable fortune. He was deteEted ſtealing fome
quires of paper in Guildhall, and the ſtolen goods were
taken upon him. He was tried and baniſhed.,
M 6
goods
252
L ET TERS
goods were found upon him, and he made
no defence. In theſe circumſtances, (the
truth of which You dare not deny, becauſe
it is of public notoriety) it could not ſtand
indifferent whether he was guilty or not,
much leſs could there be any preſumption of
his innocence; and, in thefe circumſtances,
I affirm in contradiction to YOU, LORD
CHIEF JUSTICE MANSFIELD, that, by
the laws of England, he was not bailable. If
ever Mr. Eyre thould be brought to trial,
we lhall hear what You have to ſay for
Yourſelf; and I pledge myſelf before God
and my country, in proper time and place to
make good my charge againſt you.
JUNIUS.
LE T Τ Ε R.
LXXXI.
TO THE PRINTER OF THE PUBLIC AD-
VERTISER
9 November, 1771.
J
TUNIUS engages to make good his
charge againſt Lord Chief Juſtice Mansfield
ſome time before the meeting of Parliament,
in order that the houſe of commons may, if
they think proper, make it one article in the
impeachment of the ſaid Lord Chief Juſtice.
LETTER
JUNIUS, &c.
253
Real
be
FeL ETTER LXXXII.
TO HIS GRACE THE DUKE OF GRAFTON.
27 November, 1771.
WHAT IS
THAT is the reaſon, my Lord, that, ,
when almoſt every man in the king-
dom, without diſtinction of principles or
party, exults in the ridiculous defeat of Sir
James Lowther, when good and bad men
unite in one common opinion of that baro-
net, and triumph in his diſtreſs, as if the
event (without any reference to vice or vir-
tue) were intereſting to human nature,
,
your Grace alone ſhould appear ſo miſerably
depreſſed and afflicted ? In ſuch univerſal
joy, I know not where you will look for a
compliment of condolence, unleſs you ap-
peal to the tender, ſympathetic forrows of
Mr. Bradſhaw. That cream-coloured gen-
tleman's tears, affecting as they are, carry
confolation along with them.
He never
weeps, but, like an April ſhower, with a
lambent ray of ſunſhine upon his counte-
nance. From the feelings of honeſt men,
upon this joyful occaſion, I do not mean to
draw any concluſion to your Grace. They
natu-
254
LETTERS OF
naturally rejoice, when they ſee a ſignal in-
ſtance of tyranny refifted with ſucceſs ;--of
treachery expoſed to the deriſion of the
world ;-an infamous informer defeated, and
an impudent robber dragged to the public
gibbet.-But, in the other claſs of mankind,
I own I expected to meet the Duke of Graf-
ton. Men, who have no regard for juſtice,
nor any ſenſe of honour, ſeem as heartily
pleaſed with Sir James Lowther's well de-
ferved puniſhment, as if it did not conſtitute
an example againſt themſelves. The unhap-
py Baronet has no friends, even among thoſe
who reſemble him. You, my Lord, are not
reduced to fo deplorable a ſtate of dereli&tion.
Every villain in the kingdom is your friend;
and, in compliment to ſuch amity, I think
you ſhould fuffer your diſmal countenance to
clear up. Befides, my Lord ;- I am a little
anxious for the conſiſtency of your character.
You violate your own rules of decorum, when
you do not infult the man, whom you have
betrayed.
tor.
The divine juftice of retribution ſeems
now to have begun its progrefs. Deliberate
treachery. entails puniſhment upon the trai-
There is no poſſibility of eſcaping it,
even in the higheſt rank, to which the con-
ſent of ſociety can exalt the meaneſt and
worſt of men. The forced, unnatural union
of
JUNIUS, &c.
255
of Luttrell and Middleſex was an omen of
another unnatural union, by which inde-
feaſible infamy is attached to the houſe of
Brunſwick. If one of thoſe acts was virtuous
and honourable, the beſt of princes, I thank
God, is happily rewarded for it by the other.
Your Grace, it has heen ſaid, had ſome
ſhare in recommending Colonel Luttrell to
the King ;-or was it only the gentle Brad-
ſhaw, who made himſelf anſwerable for the
good behaviour of his friend? An intimate
connexion has long fubfifted between him
and the worthy Lord Irnham. It aroſe from
a fortunate fimiliarity of principles, cemented
by the conſtant mediation of their common
friend Miſs Davis.
YET
THERE is a certain family in this country, on
which nature ſeems to have enrailed an hereditary baſe-
neſs of diſpoſition. As far as their hiſtory has been
known, the fon has regularly improved upon the vices
of his father, and has taken care to tranſmit them pure
and undiminiſhed into the boſom of his ſucceſſor. In
the fenate, their abilities have confined them to thoſe
humble, fordid ſervices, in which the ſcavengers of the
miniſtry are uſually employed. But in the memoirs of
private treachery, they ſtand firſt and unrivalled. The
following ſtory will ſerve to illuſtrate the character of
this reſpectable family, and to convince the world that the
preſent poffeffor has as clear a title to the infamy of his
anceſtors, as he has to their eſtate. It deferves to be re-
corded for the curioſity of the fact, and ſhould be given
to
256
OF
L E T T E R S
Yet I confeſs I ſhould be ſorry that the
opprobrious infamy of this match ſhould
reach beyond the family. We have now a
better reaſon than ever to pray for the long
life of the beſt of princes, and the welfare of
his royal iſſue. I will not mix any thing
ominous with my prayers ;-but let parlia-
ment look to it.--A Luttrell ſhall never
fucceed to the crown of England. If the
hereditary virtues of the family deſerve a
kingdom, Scotland will be a proper retreat
for them.
to the public as a warning to every honeſt member of
ſociety. The preſent lord, who is now in the decline of
life, lately cultivated the acquaintance of a younger bro-
ther of a family, with which he had lived in fome degree
of intimacy and friendſhip. The young man had long
been the dupe of a moſt unhappy attachment to a com-
mon proſtitute. His friends and relations foreſaw the
conſequences of this connexion, and did every thing that
depended upon them to fave him from ruin. But he
had a friend in his lordſhip, whoſe advice rendered all
their endeavours ineffe&ual. This hoary letcher, not
contented with the enjoyment of his friend's miſtreſs,
was baſe enough to take advantage of the paſſions and
folly of a young man, and perfuaded him to marry her.
He deſcended even to perform the office of father to the
proſtitute. He gave her to his friend, who was on the
point of leaving the kingdom, and the next night lay
with her himſelf. Whether the depravity of the human
heart can produce any thing more baſe and deteſtable
than this fact, muſt be left undetermined, until the ſon
thall arrive at his father's age and experience.
THE
JUNIUS, &c,
257
The next is a moſt remarkable inſtance
of the goodneſs of providence. The juſt law
of retaliation has at laſt overtaken the little,
contemptible tyrant of the North. To this
ſon-in-law of your deareſt friend the Earl of
Bute, you meant to transfer the Duke of
Portland's property; and you haftened the
grant, with an expedition unknown to the
Treaſury, that he might have it time enough
to give a deciſive turn to the ele&ion for the
county. The immediate confequence of this
flagitious robbery was, that he loſt the elec-
tion, which you meant to inſure to him, and
with ſuch fignal circumſtances of ſcorn, re-
proach and inſult, (to ſay nothing of the
general exultation of all parties) as, (except-
ing the King's brother-in-law Col. Luttrell,
and old Simon his father-in-law) hardly ever
fell upon a gentleman in this country.-
In
the event, he loſes the very property, of
which he thought he had gotten poſſeſſion ;
and after an expence, which would have
paid the value of the land in queſtion twenty
The forms of villainy, you
fee, are neceſſary to its fuccefs. Hereafter you
will act with greater circumſpection, and not
drive ſo dire&ly to your object. To ſnatch a
grace, beyond the reach of common treachery,
is an exception, not a rule.
times over.
AND
258
L E T T E R $. Om
AND now, my good Lord, does not your
conſcious heart inform you, that the juſtice of
retribution begins to operate, and that it may
foon approach your perſon! ----Do you think
that Junius has renounced the Middleſex e-
lection ?-Or that the King's timber ſhall
be refuſed to the Royal Navy with impunity?
Or that you ſhall hear no more of the
fale of that patent to Mr. Hine, which you
endeavoured to ſkreen by ſuddenly dropping
your proſecution of Samuel Vaughan, when
the rule againſt him was made abſolute? I
believe indeed there never was fuch an in-
ſtance in all the hiſtory of negative impu-
dence.-But it ſhall not ſave you. The very
funſhine you live in is a prelude to your diſ-
ſolution. When you are ripe, you ſhall be
plucked.
em JUNIUS.
P. S. I beg you will convey to our graci-
ous maſter my humble congratulations upon
the glorious fucceſs of peerages and penfions,
ſo laviſhly diſtributed as the rewards of Irish
virtue.
LETTER
JUNIUS, &c.
259
L ET TER LXXXIII.
A
TO LORD CHIEF JUSTICE MANSFIELD.
21 January, 1772.
I
HAVE undertaken to prove that when,
at the interceſſion of three of your coun
trymen, you bailed John Eyre, you did that,
which by law you were not warranted to do,
and that a felon, under the circumſtances, of
being taken in the fait, with the folen goods
upon him, and making no defence, is not baila-
ble by the laws of England. Your learned
advocates have interpreted this charge into
a denial that the court of King's Bench, or
the judges of that court during the vacation,
have any greater authority to bail for crimi-
nal offences, than a juſtice of peace. With
the inſtance before me, I am ſuppoſed to queſ-
tion your power of doing wrong, and to deny
the exiſtence "of a power, at the ſame mo-
ment that I arraign the illegal exerciſe of it.
But the opinions of ſuch men, whether wil-
ful in their malignity, or ſincere in their ig-
norance, are unworthy of my notice. You,
Lord Mansfield, did not underſtand me ſo,
and, I promiſe you, your cauſe requires an
abler
260
LETTERS
abler defence. I am now to make good my
charge againſt you. However dull my argu-
ment, the ſubject of it is intereſting. I hall
be honoured with the attention of the public,
and have a right to demand the attention of
the legiſlature. Supported, as I ani, by the
whole body of the criminal law of England,
I have no doubt of eſtabliſhing my charge.
If, on your part, you ſhould have no plain,
fubftantial defence, but ſhould endeavour to
Thelter yourſelf under the quirk and evaſion
of a practiſing lawyer, or under the mere, in-
ſulting affertion of power without right, the
reputation you pretend to is gone for ever ;-
you ſtand degraded from the reſpect and au-
thority of your office, and are no longer, de
jure, Lord Chief Juſtice of England. This
letter, my Lord, is addreſſed, not ſo much to
you, as to the public. Learned as you are,
and
quick in apprehenfion, few arguments are ne-
ceſſary to ſatisfy you, that you have done that,
which by law you were not warranted to do.
Your conſcience already tells you, that you
have finned againſt knowledge, and that what-
ever defence you make contradi&ts your own
internal conviction. But other men are wil-
ling enough to take the law upon truſt. They
rely upon your authority, becauſe they are too
indolent to ſearch for information ; or, con-
ceiving that there is ſome myſtery in the laws
of their country, which lawyers only are
qua-
JUNIUS, &c.
261
qualified to explain, they diſtruſt their judg-
ment, and voluntarily renounce the right of
thinking for themſelves. With all the evi-
dence of hiſtory before them, from Trefillian
to Jefferies, from Jefferies to Mansfield, they
will not believe it poſſible that a learned judge
can act in direct contradiction to thoſe laws,
which he is ſuppoſed to have made the ſtudy
of his life, and which he has ſworn to admi-
nifter faithfully. Superſtition is certainly
not the characteriſtic of this age. Yet some
men are bigoted in politics, who are infidels
in religion. I do not deſpair of making them
alhamed of their credulity.
The charge I brought againſt you is ex-
preſſed in terms guarded and well conſidered.
They do not deny the ſtrict power of the
judges of the court of King's Bench to bail
in caſes, not bailable by a juſtice of peace,
nor repleviſable by the common writ, or ex
officio by the Sheriff. I well knew the practice
of the court, and by what legal rules it ought
to be directed. But, far from meaning to
foften or diminiſh the force of thoſe terms I
have made uſe of, I now go beyond them,
and affirm,
I. That the ſuperior power of bailing for
felony, claimed by the court of King's Bench,
is founded upon the opinion of lawyers, and
the
262
LETTERS
the practice of the court ;--that the affent of
the legiſlature to this power is merely nega-
tive, and that it is not ſupported by any pofi-
tive proviſion in any ſtatute whatſoever.-If
it be, produce the ſtatute.
II. ADMITTING that the judges of the
court of King's Bench are veſted with a dif-
cretionary power to examine and judge of
circumſtances and allegations, which a juſtice
of peace is not permitted to confider, I affirni
that the judges, in the uſe and application of
that diſcretionary power, are as ſtrictly bound
by the ſpirit, intent, and meaning, as the
juſtice of peace is by, the words of the legiſla-
ture. Favourable circumſtances, alledged be-
fore the judge, may juſtify a doubt whether
the priſoner be guilty or not; and where the
guilt is doubtful, a preſumption of innocence
1hould, in general, be admitted. But, when
any ſuch probable circumſtances are alledged,
they alter the ſtate and condition of the pri-
ſoner. He is no longer that all-but-convicted
felon, whom the law intends, and who by law
is not bailable at all. If no circumſtances what-
ſoever are alledged in his favour ;-if no alle-
gation whatſoever be made to leſſen the force
of that evidence, which the law annexes to a
poſitive charge of felony, and particularly to
the fact of being taken with the maner, I then
ſay that the Lord Chief Juſtice of England
has
JUNIUS, &c.
263
has no more right to bail him than a juſtice
of peace. The diſcretion of an Engliſh judge
is not of mere will and pleaſure ;-it is not
arbitrary ;--- it is not capricious; but, as that
great lawyer, (whoſe authority I wiſh
you
reſpected half as much as I do) truly ſays*,
“ Difcretion, taken as it ought to be, is, dif-
“ cernere per legem quid fit juſtum. If it be
“ not directed by the right line of the law,
" it is a crooked cord, and appeareth to be
“ unlawful.”---If diſcretion were arbitrary
in the judge, he might introduce whatever
novelties he thought proper ; but, ſays Lord
Coke, “ Novelties, without warrant of pre-
“ cedents, are not to be allowed, fome cer-
“ tain rules are to be followed ;
-Quicquid
judicis authoritati ſubjicitur, novitati non ſub-
“ jicitur;” and this found doctrine is applied
to the Star-chamber, a court confeſſedly ar-
bitrary. If you will abide by the authority
of this great man, you ſhall have all the ada
vantage of his opinion, wherever it appears
to favour you. Excepting the plain, expreſs
meaning of the legiſlature, to which all private
opinions muſt give way, I deſire no better
judge between us than Lord Coke.
III, I AFFIRM that, according to the ob-
vious, indiſputable meaning of the legiſlature,
** 4. Inft. 41. 66.
repeat-
264
LETTERS or
repeatedly expreſſed, a perſon poſitively
charged with feloniouſly ſtealing and taken in
flagrante delicto, with the ſtolen goods upon
him is not bailable. The law conſiders him
as differing in nothing from a conviet, but in
the form of conviction, and (whatever a cor-
rupt judge may do) will accept of no ſecurity,
but the confinement of his body within four
walls. I know it has been alledged in
your favour, that you have often bailed for
murders, rapes, and other manifeſt crimes.
. Without queſtioning the fact, I ſhall not
admit that you are to be juſtified by your own
example. If that were a protection to you,
where is the crime that, as a judge, you
might not now ſecurely commit? But nei-
ther ſhall I ſuffer myſelf to be drawn afide
from my preſent argument, nor you to profit
by your own wrong.-To prove the
meaning and intent of the legiſlature will re-
quire a minute and tedious deduction. To
inveſtigate a queſtion of law demands fome
labour and attention, though very little ge-
nius or ſagacity. As a practical profeſſion,
the ſtudy of the law requires but a moderate
portion of abilities. The learning of a plead-
er is uſually upon a level with his integrity.
The indiſcriminate defence of right and
wrong contracts the underſtanding, while it
corrupts the heart. Subtlety is ſoon miftaken
for wiſdom, and impunity for virtue. If
there
JUNIV S, &c.
265
i record.
there are undoubtedly, of genius and mora-
lity united in a lawyer, they are diſtinguiſh-
ed by their fingularity, and operate as ex*
ceptions.
I must ſolicit the patience of my readers.
This is no light matter, nor is it any more
ſuſceptible of ornament, than the conduct of
Lord Mansfield is capable of 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 conſe-
quence to enquire how it ftood at common
law, before the ſtatute of Weſtminſter. And
yet it is worth the reader's attention to ob-
ſerve, how nearly, in the ideas of our an-
ceſtors, the circumſtance of being taken with
the maner approached to the conviction of the
felon*. It “ fixed the authoritative stamp
" of verifimilitude upon the accuſation, and
by the common law, when a thief was
“ taken with the maner (that is, with the
thing ſtolen upon him, in manu) he might,
“ ſo detected flagrante delicto, be brought in“
" to court, arraigned and tried, without in-
“ diĉment ; as, by the Daniſh law, he might
" be taken and hanged upon the ſpot, without
* Blackſtone 4. 303.
N
VOL. II.
accu-
266
LETTERS
" accuſation or trial.” It will ſoon appear
that our ſtatute law, in this behalf, tho' leſs
fummary in point of proceeding, is directed
by the fame ſpirit. In one inſtance, the very
form is adhered to. In offences relating to
the foreft, if a man was taken with vert, or
veniſon*, it was declared to be equivalent
to indi&tment. To enable the reader to judge
for himſelf, I ſhall ſtate, in due order, the
ſeveral ſtatutes relative to bail in criminal
caſes, or as much of them as may be mate-
rial to the point in queſtion, omitting ſuper-
fluous words. If I miſrepreſent, or do not
quote with fidelity, it will not be difficult to
detect me,
+ THE ſtatute of Weſtminſter the firſt,
in 1275, ſets forth that, 6 Foraſmuch as
« Sheriffs and others, who have taken and
«« kept in priſon perfons detected of felony,
* and incontinent have let out by replevin
“ ſuch as were not repleviſable becauſe they
* would gain of the one party and grieve the
“ other; and forafmuch as, before this
“ time, it was not determined which pe
per-
“ fons were replevifable and which not, it is
1 Ed. III. cap. 8.--and , Rich. II. cap. 4.
+ « Videtur que le ſtatute de mainpriſe neft que re*
« herfall del comen ley.” Bro. Mainp. 61.
provided
JUNIUS, &c.
267
, ,
* provided and by the King commanded that
“ ſuch priſoners, &c. as be taken with the man
ner, &c. or for manifeft offences, ſhall be
« in no wile repleviſable by the common
“ writ, nor without writ."*Lord Coke,
in his expoſition of the laſt part of this quo-
tation, accurately diftinguiſhes between re-
plevy by the common writ or ex officio, and
bail by the King's Bench. The words of the
ſtatute certainly do not extend to the judges
of that court. But, beſides that the reader
will ſoon find reaſon to think that the legiſla-
ture, in their intention, made no difference
between bailable and replevifable, Lord Coke
himſelf (if he be underſtood to mean no-
thing but an expoſition of the ſtatute of
Weſtminſter, and not to ſtate the law gene-
rally) does not adhere to his own diſtinction.
this ſtatute, are declared not repleviſable, he
conſtantly uſes the words not bailable.
+ “ THERE are three points to be conſidered in
* the conſtru&tion of all reinedial ſtatutes ;-the old law,
« the miſchief, and the remedy ; that is, how the
common law ſtood at the making of the act, what the
« miſchief was for which
the common law did not pro-
* vide, and what remedy
the parliament hath provided
“ to cure this miſchief. It is the buſineſs of the judges,
“ ſo to conſtrue the act, as to ſuppreſs the miſchief
* and advance the remcdę.
Blackſtone, 1. 87.
" That
N 2
268
OF
L E T T E R S
That outlaws, for inftance, are not bail-
& able at all;that perſons, who have ab-
u jured the realm, are attainted upon their
t own confeſſion, and therefore not bailable
" at all by law ; -o-that provers are not baile
U able that notorious felons are not
** bailable." The reaſon, why the ſuperior
courts were not named in the ſtatute of Weſt-
minſter, was plainly this, “ becauſe antient-
“ ly moſt of the buſineſs, touching bailment
" of priſoners for felony or miſdemeanors,
was performed by the Sheriffs, or ſpecial
bailiffs of liberties, either by writ, or virtute
officii *;" conſequently the ſuperior courts
had little or no opportunity to commit thoſe
abufes, which the ſtatute imputes to the She-
riffs. With fubmiffion to Doctor Black-
ſtone, I think he has fallen into a con-
tradiction, which, in terms at leaſt, appears
irreconcileable. After enumerating ſeveral
offences not bailable, he aſſerts, without any
condition or limitation whatſoevert, " all
“ theſe are clearly not admiſſible to bail.”
Yet in a few lines after he fays, “ it is agreed
* that the court of King's Bench may bail
** for any crime whatſoever, according to cir-
cumſtances of the caſe.” To his firſt
pro-
2 Hale, P. C. 128. 136.
+ Blackſtone, 4. 296.
poſition
JUNIUS, &c.
269
pofition he ſhould have added, by Sheriffs or
Juſtices; otherwiſe the two propofitions
contradict cach other, with this difference
however, that the first is abſolute, the ſecond
limited by a confideration of circumſtances. I
ſay this without the leaſt intended diſreſpect
to the learned author. His work is of pub-
lic utility, and ſhould not be haſtily con-
demned.
The ſtatute of 17 Richard II. cap. 10.
1393, fets forth, that $6 forafimuch as
· thieves notorioufy delomed, and obers
* taken with the maner, by their long abiding
“in prifon, were delivered by charters, and
* favourable in juefts procured, to the great
** hindrance of the people, two men of law
« ſhall be afligned, in every commiſſion of
" the peace, to proceed to the deliverance
< of ſuch fclons, &c." It feems by this act,
that there was a conftant fruggle between
the legiſlature and the officers of juſtice. Not
daring to admit felons taken with the maner to
bail or mainprize, they evaded the law by
keeping the party in priſon a long time, and
then delivering him without due trial.
The ſtatute of Richard III. in 1483, ſets
forth, that « foraſmuch as divers perſons
“ have been daily arreſted and impriſoned for
Juſpicion of felony,
fometime of malice, and
66 fome,
$6
N 3
270
LETTERS OF
6 ſometime of a light ſuſpicion, and ſo kept in
priſon without bail or mainprize, be it or-
** dained that every juſtice of peace ſhall have
authority, by his difcretion, to let ſuch
priſoners and perſons ſo arreſted to bail or
** mainprize."-By this act it appears that
there had been abuſes in matter of impriſon-
ment, and that the legiſlature meant to pro-
vide for the immediate enlargement of perſons
arreſted on light ſuſpicion of felony.
:
THE ſtatute of 3 Henry VII. in 1486,
declares, that “ under colour of the preced-
* ing act of Richard the Third, perſons,
ſuch as were not mainpernable, were often-
“ times let to bail or mainprize, by juſtices
" of the peace, whereby many murderers and
" felons eſcaped, the King, &c. hath or
* dained, that the juſtices of the peace, or
“ two of them at leaſt (whereof one to be
“ of the quorum) have authority to let any
“ ſuch priſoners or perſons, mainpernable by
" the law, to bail or mainprize."
The ſtatute of iſt and 2d of Philip and
Mary, in 1554, fets forth, that " notwith-
* ſtanding the preceding ſtatute of Henry
“ the Seventh, one juſtice of peace hath of
" tentimes, by finifter labour and means, ſet
" at large the greateſt and notableſt offenders,
“ ſuch as be not repleviſable by the laws of this
* realı,
JUNIUS, &c.
272
" realm, and yet, the rather to hide their
“ affections in that behalf, have ſigned
* the cauſe of their apprehenſion to be but
** only for ſuſpicion of felony, whereby the
" faid offenders have eſcaped unpuniſhed,
" and do daily, to the high diſpleaſure of
Almighty God, the great peril of the King
* and Queen's true fubjects, and encourage-
* ment of all thieves and evil-doers for
“ reformation whereof be it enacted, that no
* juſtices of peace thall let to bail or main-
" prize any ſuch perſons, which, for any of-
fence by thém committed, be declared not
to be repleuifd or bailed, or be forbidden
" to be repleviſed or bailed by the ſtatute of
“ Weſtminſter the firſt and furthermore
" that any perſons, arreſted for manſlaughter,
felony, being bailable by the law, ſhall not
be let to bailor inainprize,
by any juſtices
" of peace, but in the form therein after
“ preſcribed. "In the two preceding fta-
tutes, the words bailable, repleviſable, and
mainpernable are uſed fynonymouſly *, or
promiſcuouſly to expreſs the ſame fingle in-
tention of the legiſlature, viz. not to accept of
any ſecurity but the hoc of the offender ; and
when the latter ſtatute preſcribes the form,
in which perſons arreſted on ſuſpicion of felo-
ny (being bailable by the law) may be let to
* Hale, P. C. 2. 124.
N 4
bail,
272
LETTER
bail, it evidently fuppofes that there are fome
cafes, not bailable by the law. It may be
thought perhaps, that I attribute to the le-
giſlature an appearance of inaccuracy in the
uſe of terms, merely to ſerve my preſent pur-
pofe. But, in truth, it would make more
forcibly for my argument to preſume that the
legiſlature were conſtantly aware of the ſtrict
legal diſtinction between bail and replevy,
and that they always meant to adhere to it*.
For if it be true that replevy is by the She-
riffs, and bail by the higher courts at Weft-
minſter, (which I think no lawyer will de-
ny) it follows that, when the legiſlature ex-
preſsly ſay, that any particular offence by
law not bailable, the fuperior courts are com-
prehended in the prohibition, and bound by
it. Otherwiſe, unleſs there was a pofitive
exception of the fuperior courts (which I af-
firm there never was in any ſtatute relative
to bail), the legiſlature would groſsly contra-
diêt themſelves, and the manifeft intention
of the law be evaded. It is an eſtabliſhed
rule, that when the law is ſpecial, and
reaſon of it general, it is to be generally
underſtood ; and though, by cuttoin, a
* Vide 2 Inſt. 150. 186.--" The word repleviſable
“ never fignifies bailable. Bailable is in a court of re-
“ cord by the King's juſtices; but repleviſable is by the
« Sheriff.”
Selden, State Tr. 7. 149.
JUNIUS, &c.
273
Latitude be allowed to the court of King's
Bench, (to conſider circumſtances inductive
of a doubt whether the priſoner be guilty or
innocent) if this latitude be taken as an arbi.
trary power to bail, when no circumſtances
whatſoever are alledged in favour of the pri-
foner, it is a power without right, and a
daring violation of the whole Engliſh law of
bail.
The act of the ziſt of Charles the Second
(commonly called the Habeas Corpus all) par-
ticularly declares, that it is not meant to ex-
tend to treaſon or felony plainly and ſpecial-
ly expreſſed in the warrant of commitment.
The priſoner is therefore left to ſeek his
Habeas Corpus at common law; and ſo far
was the legiſlature from fuppofing that per-
ſons, (committed for treaſon or felony plain-
ly and ſpecially expreſſed in the warrant of
commitment) could be let to bail by a fin-
gle judge, or by the whole court, that this
very act provides a remedy for ſuch perſons,
in caſe they are not indicted in tlie courſe of
the term or feffions ſubſequent to their com-
mitment. The law neither ſuffers them to
be
enlarged before trial, nor to be impriſoned
after the time, in which they ought regular-
ly to be tried. In this caſe the law ſays,
" It ſhall and may be lawful to and for the
judges of the court of King's Bench and
juf-
N. 5
274
LETTERS
“ juſtices of oyer and terminer, or general
“ goal delivery, and they are hereby re-
“ quired, upon motion to them made in open
« court, the laſt day of the term, ſeſſion,
" or goal delivery, either by the priſoner or
“ any one in his behalf, to ſet at liberty the
“ priſoner upon bail; unlefs it appear to the
“ judges and juſtices, upon oath made, that
* the witneſſes for the King could not be
produced the ſame term, ſeſſions, or goal
delivery,”–Upon the whole of this arti-
cle I obferve, 1. That the proviſion, made
in the firſt part of it, would be, in a great
meaſure, uſeleſs and nugatory, if any ſingle
judge might have bailed the priſoner ex arbi-
trio; during the vacation; or if the court
might have bailed him immediately after the
commencement of the term or feffions.
2. When the law ſays, It ſhall and may be
lawful to bail for felony under particular cir-
cumſtances, we muſt preſume that, before
the paſſing of that act, it was not lawful to
bail under thoſe circumftances. The terms
uſed by the legiſlature are enaĉting, not de
claratory._-3. Notwithſtanding the party
may have been impriſoned during the great-
eſt part of the vacation, and during the
whole fefſion, the court are expreſsly forbid-
den to bail him from that ſeſſion to the next,
if oath be made that the witneſſes for the
King
JUNIUS, &c.
275
King could not be produced that fame terin
or ſeſſions, ,
HAVING faithfully ſtated the ſeveral acts
of parliament relative to bail in criminal
caſes, it may be uſeful to the reader to take
a ſhort, hiftorical review of the law of bail,
through its various gradations and improve-
ments.
By the ancient common law, before and
fince the conqueſt, all felonies were bailable,
till murder was excepted by ſtatute, ſo that
perſons might be admitted to bail, before
convi&tion, almoſt in every caſe. The ita-
tute of Weſtminſter ſays that, before that
time, it had not been determined, which of-
fences were repleviſable, and which were not,
whether by the common writ de homine reple-
giando, or ex officio by the Sheriff. It is ve-
ry remarkable that the abuſes ariſing from
this unlimited power of replevy, dreadful as
they were and deſtructive to the peace of fo-
ciety, were not corrected or taken notice of
by the legislature, until the commons of the
kingdom had obtained a ſhare in it by their
repreſentatives; but the houſe of commons
had ſcarce begun to exiſt, when theſe formi-
dable abuſes were corrected by the ſtatute of
Weſtminſter. It is highly probable that the
miſchief had been feverely felt by the people,
N 6
although
276
LE T V ERS
although no remedy had been provided for it
by the Norman Kings or Barons. *" The
" iniquity of the times was ſo great, as it
" even forced the ſubjects to forego that,
" which was in account a great liberty, to
“. Atop the courſe of a growing miſchief."
The preamble to the ſtatutes, made by the
firſt parliament of Edward the Firſt, affigns
the reaſon of calling it, + " becauſe the peo-
“ ple had been otherwiſe entreated than they
* ought to be, the peace lefs kept, the laws
" leſs uſed, and offenders leſs puniſhed than
" they ought to be, by reaſon whereof the
" people feared leſs to offend ; and the first
attempt to reform thoſe various abufes was
by contracting the power of replevying felons.
For above two centuries following it does
not appear that any alteration was made in
the law of bail, except that being taken with
vert or veniſon was declared to be equivalent
to indi&tment. The legiſlature adhered firmly
to the ſpirit of the ſtatute of Weſtminſter.
The ſtatute of 27th of Edward the Firſt directs
the juſtices of aílize to enquire and puniſh
officers bailing ſuch as were not bailable. As
for the judges of the ſuperior courts, it is pror
bable that, in thoſe days, they thought them-
felves bound by the obvious intent and mean-
* Selden, by N. Bacon, 182.
+ Parliamentary Hiſtory, 1. 82.
ing
..
JUNIUS, &c.
ing of the legiſlature. They conſidered not
fo much to what particular perſons the pro-
hibition was addreffed, as what the thing was
which the legiflature meant to prohibit, well
knowing that in law, quando aliquid prohibetur,
prohibetur et omne, per quod devenitur ad illud.
“When any thing is forbidden, all the
" means, by which the ſame thing may be
96 compaſſed or done, are equally forbidden."
By the flatute of Richard the Third, the
power of bailing was a little enlarged. Every
juſtice of peace was authoriſed to bail for fe-
lony ; but they were expreſsly confined to
perſons arreſted on light fufpicion ; and even
this power, fo limited, was found to produce
ſuch inconveniencies, that in three years after
the legislature found it neceffary to repeal it.
Inſtead of truſting any longer to a fingie juf-
tice of peace, the act of 3d Henry VIIth,
repeals the preceding act, and directs « that
" no priſoner (of thoſe who are mainpernable
by the law) ſhall be let to bail or mainpriſe,
by leſs than two juſtices, whereof one to be
“ of the quorum.” And fo indiſpenſably
neceſſary was this proviſion thought, for the
adminiftration of juſtice, and for the ſecu-
rity and peace of ſociety, that, at this time,
an oath was propoſed by the King to be taken
by the knights and eſquires of his houſehold,
by the members of the houfe of commons,
and
&6
278
LETTERS OF
and by the peers fpiritual and temporal, and
accepted and ſworn to quaſi unâ voce by them
all, which, among other engagements, binds
them, “ not to let any man to bail or main-
“ priſe, knowing and deeming him to be a
“ felon, upon your honour and worſhip. So
" help you God and all faints." *
In about half a century however even thefe
proviſions were found inſufficient. The act
of Henry the Seventh was evaded, and the le-
giſlature once more obliged to interpoſe. The
ad of iſt and 2d of Philip and Mary takes
away intirely from the juſtices all power of
bailing for offences declared not bailable by the
ſtatute of Weſtminiter.net
The illegal impriſonment of ſeveral per-
ſons, who had refuſed to contribute to a loan
exacted by Charles the Firſt, and the delay of
the Habeas Corpus and ſubſequent refuſal to
bail them, conſtituted one of the firft and moft
important grievances of that reign. Yet when
the houſe of commons, which met in the year
1628, reſolved upon meaſures of the moſt firm
and ſtrenuous reſiſtance to the power of im-
priſonment aſſumed by the King or privy-
council, and to the refuſal to bail the party
on the return of the Habeas Corpus, they did
* Parliamentary Hiſtory, 2. 419.
expreſs-
JUNIUS, &c.
279
expreſsly, in all their reſolutions, make an
exception of commitments, where the cauſe
of the reſtraint was expreſſed, and did by law
juſtify the commitment. The reaſon of the
diſtinction is, that, whereas when the cauſe of
commitment is expreſſed, the crime is then
known and the offender muſt be brought to
the ordinary trial; if, on the contrary, no
cauſe of commitment be expreſſed, and the
priſoner be thereupon remanded, it may ope-
rate to perpetual impriſonment. This conteſt
with Charles the Firſt, produced the act of the
16th of that King, by which the court of
King's Bench are directed, within three days
after the return to the Habeas Corpus to cxa-
mine and determine the legality of any com-
mitment by the King or privy-council, and to
do what to juſtice ſhall appertain in delivering,
bailing, or remanding the priſoner.--Now, it
ſeems, it is unneceſſary for the judge to do
what appertains to juſtice. The ſame ſcan-
dalous traffic, in which we have ſeen the pri-
vilege of parliament exerted or relaxed, to
gratify the prefent humour, or to ſerve the
immediate purpoſe of the crown, is intro-
duced into the adminiſtration of juſtice. The
magiſtrate, it ſeems, has now no rule to fol-
low, but the di&tates of perſonal enmity, na-
tional partiality, or perhaps the moſt prof-
tituted corruption.
To
280
L E T T E R S
To complete this hiſtorical enquiry, it only
remains to be obſerved that, the Habeas Cor-
pus act of 31ſt of Charles the Second, ſo juſtly
conſidered as another Magna Charta of the
kingdom *“ extends only to the caſe of com
46 mitments for ſuch criminal charge, as can
“ produce no inconvenience to public juſtice
" by a temporary enlargement of the priſon.
" er.”-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 evading
the eſtabliſhed law of bail in the higher cri-
minal offences. 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 recogniſance and ſurety, having regard
to the quality of the priſoner and nature of
the offence, it is expreſsly added, " unleſs it
" fhall appear to the ſaid Lord Chancellor,
** &c. that the party, ſo committed, is de-
“ tained for ſuch matters, or offences, for
" the which, BY THE LAW THE PRISONER
IS NOT BAILABLE."
When the laws, plain of themſelves, are
thus illuſtrated by facts, and their uniform
meaning eſtabliſhed by hiſtory, we do not
* Blackſtone. 4. 137.
want
JUNIUS, &c.
281
want the authority of opinions, however
reſpectable, to inform our judgment or to
confirm our belief. But I am determined
that you ſhall have no eſcape. Authority of
every fort ſhall be produced againſt you, from
Jacob to Lord Coke, from the di&tionary to
the claffic..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 maner is where a
" thief, having ſtolen any thing, is taken
" with the ſame about him, as it were in his
** hands, which is called flagrante delitto.
"Such a criminal is not bailable by law."
Jacob under the word Maner.
“ Those,
who are taken with the Maner,
** are excluded, by the ſtatute of Weſtmin-
« fter, from the benefit of a replevin.'
Hawkins. P. C. 2. 98.
“ Op ſuch heinous offences no one, who is
notoriouſly guilty, ſeems to be bailable by
" the intent of this ſtatute." Ditto. 2. 99.
“ The common practice, and allowed ge-
* neral rule is, that bail is only then proper
** wbree
282
LETTERS
66 where it ſtands indifferent whether the party
were guilty or innocent."--Ditto. Ditto.
" THERE is no doubt but that the bailing
* of a perſon, who is not bailable by low, is
" puniſhable, either at common law as a
“ negligent eſcape, or as an offence againſt
$ the ſeveral ſtatutes relative to bail.”.
Ditto. 89.
" It cannot be doubted but that, neither
" the judges of this, nor of any other fupe-
" rior court of juſtice, are ftri&tly within the
purview of that ſtatute, yet they will al-
“ ways, in their diſcretion, pay a due regard
“ to it, and not admit a perſon to bail, who
" is expreſsly declared by it irrepleviſable,
" without ſome particular circumſtance in his
“ favour; and therefore it ſeems difficult to
" find an inſtance, where perſons, attainted
“ of felony, or notoriouſly guilty of treaſon
“ or manſlaughter, &c. by their own con-
“ feſfion, or otherwiſe, have been admitted
* to the benefit of bail, without fome fpe-
cial motive to the court to grant it."
Ditto. 114.
“ If it appears that any man hath injury
or wrong by his impriſonment, we have
power to deliver and diſcharge him ;---if
*s otherwiſe, be is to be remaded by us to
“
prilon
JUNIUS, &c.
283
priſon again.”Lord Ch. 7. Hyde. State
Trials. 7. 115.
66 The ſtatute of Weſtminſter was eſpeci-
" al for direction to the Sheriffs and others,
6 but to ſay courts of juſtice are excluded
66 from this ſtatute, I conceive it cannot be."
Attorney General Heath. Ditto. 132.
" THE court, upon view of the return,
judgeth of the fufficiency or inſufficiency
• of it. If they think the priſoner in law to
be bailable, he is committed to the Marſhal
" and bailed; if not, he is remanded.”
Through the whole debate the objection, on
the part of the priſoners, was, that no cauſe
of commitment was expreſſed in the warrant;
but it was uniformly admitted by their coun-
cil that, if the cauſe of commitment had been
expreſſed for treaſon or felony the court
would then have done right in remanding
them.
Tue Attorney General having urged, be-
fore a committee of both houſes, that, in
Beckwith's caſe and others, the lords of the
council fent a letter to the court of King's
Bench to bail; it was replied by the mana-
gers of the houſe of commons, that this was
of no moment, “ for that either the priſoner
*** was bailable by the law, or not bailable ;-if
4 bail-
284
LETTERS OF
le eye
« bailable by the law, then he was to be bailed
* without any ſuch letter;wif not bailable
" by the law, then plainly the judges could
* not have bailed him upon the letter, with-
" out breach of their oath, which is, that they
are to do juſtice according to the law, &c.
State Trials. 7. 175.
“ So that, in bailing upon ſuch offences
** of the higheſt natue, a kind of diſcretion,
“ rather than a conſtant law, hath been ex-
* ercifed, when it ſtands wholly indifferent in
" be guilty or not.” Selden. St. Tr. 7.230.1.
«
" I DENY that a man is always bailable,
“ when impriſonment is impoſed upon him
" for cuftody." Attorney General Heath. ditto.
238.---By theſe quotations from the State
Trials, though otherwiſe not of authority, it
appears plainly that, in regard to bailable or
not bailable, all parties agreed in admitting one
propofition as incontrovertible.
“ In relation to capital offences there are
eſpecially theſe acts of parliament that are
* the common landmarks* touching offences
** bailable or not bailable." Hale. 2. P. C.
*** It has been the ſtady of Lord Mansfield to remove
lapdmarks.
127. The
JUNIUS, &c.
285
127. The enumeration includes the ſeveral
aats cited in this paper.
" PERSONS, taken with the Manouure, are
" not bailable, becauſe it is furtum mani-
feftum.” Hale. 2. P. C. 133.
“ The writ of Habeas Corpus is of a high
* nature; for if perſons be wrongfully com-
* mitted, they are to be diſcharged upon this
« writ returned ; or, if bailable, they are to
“ be bailed ;--if not bailable, they are to be com-
* mitted." Hale. 2. P. C. 143. This doc-
trine of Lord Chief Juſtice Hale refers imme-
diately to the ſuperior courts from whence the
writ illues.-“ After the return is filed, the
court is either to diſcharge, or bail, or com-
“ mit him, as the nature of the cauſe re-
quires.” Hale. 2. P. C. 146.
“ If bail be granted, otherwiſe than the law
" alloweth, the party that alloweth the ſame
* fhall be fined, impriſoned, render damages,
or forfeit his place, as the caſe ſhall re-
quire.” Selden by N. Bacon. 182.
FF
« This induces an abſolute neceſſity of
expreſſing, upon every commitment, the
" reaſon, for which it is made ; that the
court, upon a Habeas Corpus, may examine
" into its validity, and, according to the cir-
** cumſtances
286
LETTERS OF
« leſſe a baille, nient plus que in appell
« cumſtances of the caſe, may diſcharge, admit
" to bail, or remand the priſoner. Black-
ftone. 3. 133
" MARRIOT was committed for forging
« indorfements upon Bank bills, and, upon
Wa Habeas Corpus, was bailed, becauſe the
crime was only a great miſdemeanor
* for though the forging the bills be felony,
** yet forging the indorſement is not.” Sal-
keld. *1. 104.
« APPELL de Mahem, &c. ideo ne fuit
de
robbery ou murder ; quod nota, et que in
robry et murder le partie n'eſt baillable."
Bro. Mainpriſe. 67. aastal
“ Tue intendment of the law in bails is,
quod ſtat indifferenter whether he be guilty
" or no; but, when he is convi&t by verdiet
« or confeſſion, then he muſt be deemed in
“ law to be guilty of the felony, and therefore
not bailable at all.” Coke. 2. Inft. 188.-
4. 178.
« Bail is quando fiat indifferenter, and not
" when the offence is open and manifeſt."
2. Inft. 189.
b. IN
JUNIUS, &c.
287
" In this caſe non ftat indifferenter whether
" he be guilty or no, being taken with the
* Maner, that is, with the thing ſtolen, as it
were in his hand.” Ditto. Ditto.
“ If it appeareth that this impriſonment
" be juſt and lawful, he ſhall be remanded to
so the former goaler ; but, if it ſhall appear
to the court that he was impriſoned againſt
" the law of the land, they ought, by force
" of this ſtatute, to deliver him; if it be
doubtful, and under conſideration, he may
4 be bailed." 2. Inft. 55.
It is unnceſſary to load the reader with
any farther quotations. If thefe authorities
are not deemed ſufficient to eſtabliſh the doc-
trine maintained in this paper, it will be in
vain to appeal to the evidence of law-books,
or to the opinions of judges. They are not
the authorities, by which Lord Mansfield will
abide. He affumes an arbitrary power of
doing right; and, if he does wrong, it lies
only between God and his conſcience,
Now, my Lord, although I have great faith
in the preceding argument, I will not ſay, that
every minute part of it is abſolutely invul-
nerable. I am too well acquainted with the
practice of a certain court, directed by your
example, as it is governed by your authority,
to
288
01
LETTERS
to think there ever yet was an argument, how-
ever conformable to law and reaſon, in which
a cunning, quibbling attorney might not dif-
cover a flaw. But, taking the whole of it
together, I affirm that it conſtitutes a maſs
of demonſtration, than which nothing more
complete or ſatisfactory can be offered to the
human mind.. How an evaſive, indirect re-
ply will ſtand with your reputation, or how
far it will anſwer in point of defence at the
bar of the houſe of lords, is worth your con
ſideration. If, after all that has been ſaid,
it ſhould ſtill be maintained that the court
of King's Bench, in bailing felons, are ex-
empted from all legal rules whatſoever, and
that the judge has no direction to purſue,
but his private affections, or mere unqueſti-
onable will and pleaſure, it will follow plain-
ly, that the diſtinction between bailable and
not bailable, uniformly expreſſed by the legif-
lature, current through all our law-books,
and admitted by all our great lawyers with-
out exception, is in one ſenſe a nugatory,
in another a pernicious diſtinction. It is
nugatory, as it ſuppoſes a difference in the
bailable quality of offences, when, in effect,
the diſtinction refers only to the rank of the
magiſtrate. It is pernicious, as it implies a
rule of law, which yet the judge is not
bound to pay the leaſt regard to, and im-
preſſes an idea upon the minds of the people,
that
JUNIUS, &c.
289
that the judge is wiſer and greater than the
law.
wa
It remains only to apply the law, thus
ftated to the fact in queſtion. By an au-
thentic copy of the mittimus it appears that
John Eyre was committed for felony, plainly
and ſpecially expreſſed in the warrant of com-
mitment. He was charged before Alder-
man Halifax, by the oath of Thomas Field-
ing, William Holder, William Payne, and
William Naſh, for feloniouſly ſtealing eleven
quires of writing-paper, value fix ſhillings,
the property of Thomas Beach, &c.--By the
examinations, upon oath, of the four per-
fons mentioned in the mittimus, it was prov-
ed, that large quantities of paper had been
miſſed, and that eleven quires (previouſly
marked from a ſuſpicion that Eyre was the
thief) were found upon him. Many other
quires of paper, marked in the fame manner,
were found at his lodgings ; and after he had
been ſometime in Wood-ſtreet Compter, a
key was found in his room there, which ap-
peared to be a key to the cloſet at Guildhall,
from whence the paper was ſtolen. When
aſked what he had to ſay in his defence, his
only anſwer was, I hope you will bail me. Mr.
Holder, the Clerk, replied, That is impol-
ſible. There never was an inſtance of it, when
the ſtolen goeds were found upon the thief. The
Vol. II.
O
Lord
290
LETTERS OF
doubt and indifference whether the priſoner
Lord Mayor was then applied to, and refufed
to bail him.Of all theſe circumſtances it
was your duty to liave informed yourſelf mi-
nutely. * The fact was remarkable, and the.
chief magiſtrate of the city of London was
known to have refuſed to bail the offender.
To juftify your compliance with the folici-
tations of your three countrymen, it ſhould
be proved that ſuch allegations were offered
to you, in behalf of their aſſociate, as honeft-
ly and bona fide reduced it to a matter of
was innocent or guilty. Was any thing
offered by the Scotch triumvirate that tended
to invalidate the poſitive charge made againſt
him by four credible witneſſes upon oath?
Was it even infinuated to you, either by
himſelf or his bail, that no felony was com-
mitted or that he was not the felon ;
that the ſtolen goods were not found upon
him ;- or that he was only tlre receiver, not
knowing thein to be ſtolen casinon Or, in ſhort,
did they attempt to produce any evidence of
his inſanity --To all theſe queſtionis, I an“,
{wer for you, without the leaſt fear of contra-
di&ion, poſitively NO. From the moment
he was arreſted, he never entertained any
hope of acquittal; therefore thought of no-
thing but obtaining bail, that he might have
time to ſettle his affairs, convey his fortune
into another country, and ſpend the remainder
of
JUNIUS, &c.
291
of his life in comfort and affluence abroad.
In this prudential ſcheme of future happineſs,
the Lord Chief Juſtice of England moſt
readily and heartily concurred. At fight of
fo much virtue in diſtreſs, your natural be
nevolence took the alarm. Such a man as
Mr. Eyre, ſtruggling with adverſity, muſt
always be an intereſting ſcene to Lord Manf-
field.----Or was it that liberal anxiety, by
which your whole life has been diftinguifhed,
to enlarge the liberty of the ſubject ?
My Lord, we did not want this new inſtance
of the liberality of your principles. We al:
ready knew what kind of ſubjects they were,
for whoſe liberty you were anxious. At all
events, the public are much indebted to you
for fixing a price, at which felony may be
committed with impunity. You bound a
felon, notoriouſly worth thirty thouſand
pounds, in the ſum of three hundred. With
your natural turn to equity, and knowing,
as you are, in the doctrine of precedents, you
undoubtedly meant to ſettle the proportion
between the fortune of the felon, and the
fine, by which he may compound for his felo-
ny. The ratio now upon record, and tranſ-
mitted to poſterity under the auſpices of
Lord Mansfield, is exactly one to a hundred.
My Lord, without intending it, you have
laid a cruel reſtraint upon the genius of your
countrymen. In the warmeſt indulgence of
their
O2
292
LETTER
their paſſions, they have an eye to the expence,
and if their other virtues fail us, we have a
reſource in their oeconomy. Takto
labas
sharora les
By taking ſo trifling a ſecurity from John
Eyre, you invited and manifeſtly exhorted
him to eſcape. Although in bailable cafes,
it be uſual to take four ſecurities, you left him
in the cuſtody of three Scotchmen, whom
he might have eaſily ſatisfied for conniving at
his retreat. That he did not inake uſe of
the opportunity you induſtriouſly gave him
neither juſtifies your conduct, nor can it be
any way accounted for, but by his exceſſive
and monſtrous avarice. Any other man, but
this bofom friend of three Scotchmen, would
gladly have facrificed a few hundred pounds;
rather than ſubmit to the infamy of plead-
ing guilty in open court. It is poſſible in-
deed that he might have flattered himſelf,
and not unreaſonably, with the hopes of a
pardon. That he would have been pardon-
ed feems more than probable, if I had not
directed the public attention to the leading
ſtep you took in favour of him. In the pre-
ſent gentle reign, we well know what uſe
has been made of the lenity of the court and
of the mercy of the crown. The Lord
Chief Juſtice of England accepts of the hun-
dredth part of the property of a felon taken
in the fact, as a recognizance for his appear-
ance.
JUNIUS, &c.
293
ance. Your brother Smythe brow bears a
jury, and forces them to alter their verdict,
by which they had found a Scotch ſerjeant
guilty of murder; and though the Kenne-
dy's were convicted of a moit deliberate and
atrocious murder, they ſtill had a claim to the
royal mercy.-They were ſaved by the chal-
tity of their connexions. They had a fifter,
---yet it was not her beauty, but the pliancy
of her virtue that recominended her to the
King. The holy author of our religion was
ſeen in the company of finners ; but it was
his gracious purpoſe to convert them from
their fins. Another man, who in the cere-
monies of our faith might give leffons to the
great enemy of it, upon different principles
keeps much the fame company. He adver-
tiſes for patients, collects all the diſeaſes of
the heart, and turns a royal palace into an
hoſpital for incurables.-A man of honour
has no ticket of admiſfion at St. James's.
They receive him, like a virgin at the Mag-
dalen's Go thou and do likewife.
My charge againſt you is now made good.
I ſhall however be ready to anſwer or to ſub-
mit to fair objections. If, whenever this
matter ſhall be agitated, you ſuffer the doors
of the houſe of lords to be fhut, I now pro-
teft, that I ſhall conſider you as having made
no reply. From that moment, in the opi-
nion
O 3
294
LETTERS
nion of the world, you will ſtand ſelf-con-
victed. Whether your reply be quibbling
and evaſive, or liberal and in point, will be
matter for the judgment of your peers ;--but
if, when every poffible idea of diſreſpect to
that noble houſe in whoſe honour and juf-
tice the nation implicitly confides) is here
moſt folemnly diſclaimed, you ſhould endea-
your to repreſent this charge, as a contempt
of their authority, and move their lordſhips
to cenſure the publiſher of this paper, I then
affirm that you ſupport injuſtice by violence,
that you are guilty of a heinous aggravation
of your offence, and that you contribute
your utmoſt influence to promote, on the part
of the higheſt court of judicature, a poſitive
denial of juſtice to the nation.
JUNIUS.
L E T T ER LXXXIV.
TO THE RIGHT HON. LORD CAMDEN.
MY LORD
I
TURN with pleaſure from that bar-
ren waſte, in which no falutary plant
takes root, no verdure quickens, to a cha-
ra&er fertile, as I willingly believe, in every
great
JUNIUS, &c.
great and good qualification. I call upon
you, in the name of the Engliſh nation, to
ſtand forth in defence of the laws of your
country, and to exert, in the cauſe of truth
and juſtice, thoſe great abilities, with which
you were entrufted for the benefit of man-
kiad. To aſcertain the facts, ſet forth in the
preceding paper, it may be neceſſary to call
the perfons, mentioned in the mittimus, to the
bar of the houſe of lords. If a motion for
that purpoſe ſhould be rejected, we ſhall know
what to think of Lord Mansfield's innocence,
The legal argument is ſubmitted to your lord-
thip’s judgment. After the noble ſtand you
made againſt Lord Mansfield upon the queſ-
tion of libel, we did expeết that you would
not have fuffered that matter to have remained
undetermined. But it was ſaid that Lord
Chief Juſtice Wilmot had been prevailed upon
to vouch for an opinion of the late Judge
Yates, which was ſuppoſed to make againſt
you ; and we admit of the excuſe. When
ſuch deteſtable arts are employed to prejudge
a queſtion of right, it might have been im-
prudent, at that time, to have brought it to
a deciſion. In the preſent inſtance you
will
have no ſuch oppoſition to contend with. If
there be a judge, of a lawyer of any note in
Weſtminſter-hall, who ſhall be daring enough
to affirm that, according to the true intend-
ment of the laws of England, a felon, taken
ars
04
with
296
07
LETTERS
with the Maner, in flagranti delitto, is bailable;
or that the diſcretion of an Engliſh judge is
merely arbitrary, and not governed by rules
of law, ---I ſhould be glad to be acquainted
with him. Whoever he be, I will take care
that he ſhall not give you much trouble.
Your lordſhip's character aſſures me that you
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 miſinterpret and
pervert them. If you decline this honour-
able office, I 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 ſur-
render of all your reputation, yield the poſt of
honour even to Lord Chatham. Conſidering
the ſituation and abilities of Lord Mansfield,
I do not ſcruple to affirm, with the moſt fo-
lemn appeal to God for my ſincerity, that, in
my judgnient, he is the very worſt and moſt
dangerous man in the kingdom. Thus far I
have done my duty in endeavouring to bring
him to puniſhment. But mine is an inferior,
miniſterial office in the temple of juſtice.-I
have bound the victim, and dragged him to
the altar.it
JUNIUS.
vietim, a
LXXXV
TUNTUS, &c.
297
LXXXV.
RESOLVES OF THE SUPPORTERS OF TME
BILL OF RIGHTS, ON THE 23d. OE
JULY, 1771, AT THE LONDON TA*
VERN.
1 1
O U ſhall conſent to no ſupplies,
without a previous redreſs of griev-
ances.
2. You ſhall promote a law, ſubje&ting
each candidate to an oath againſt having uſed
bribery, or any other illegal means of com-
paſſing his election.
3. You ſhall promote to the utmoſt of
your power, a full and equal repreſentation
of the people in parliament.
4. You ſhall endeavour to reſtore annual
parliaments.
5. You ſhall promote a penſion and place
bill, enaĉting, That any member who re-
ceives a place, penſion, contract, lottery-
ticket, or any other emolument whatſoever
from the crown, or enjoys profit from any
ſuch
LETTERS
:
advies
298
ſuch placc, penſion, &c. ſhall not only van
cate his ſeat, but be abſolutely ineligible
during his continuance under ſuch undue
influence.
6. You ſhall impeach the miniſters who
ders in the Middlefex election, and the mili-
tary murders in St. George's Fields.
1. You ſhall make ftriat enquiry into the
condu&t of judges touching juries,
8. You ſhall make ſtriết enquiry into the
*pplication of the public money. Po
9. You Thall uſe your utmoſt endeavours
to have the reſolution of the houſe of com-
mons expunged, by which the magiftrates of
the city of London were arbitrarily impri-
forred, for Atrialy adhering to their charter
and their oaths; and alſo that refolation by
which a judicial record was erazed to ſtop
the courſe of juitice.
10. You ſhall attend to the grievances of
our fellow-fubjects in Ireland, and fecond the
complaints they may bring to the throne.
11. You ſhall endeavour to reſtore to A.
merica the effential right of taxation, by re-
preſentatives
J UNIUS, &c.
. (299
preſentatives of their own free election ; re-
pealing the acts paſſed in violation of that
right ſince the year 1763; and the univerſal
exciſe, ſo notoriouſly incoinpatible with every
principle of Britiſh liberty, which has been
lately ſubſtituted in the colonics, for the laws
of cuſtoms.
2379
L E T T E R
LXXXVI.
THE Reverend Mr. John Horne having
with his uſual veracity and honeft induſ-
try, circulated a report that Junius, in a
letter to the Supporters of the Bill of
Rights, had warmly declared himſelf in fa.
vour of long parliaments and rotten bo-
roughs, it is thought neceſſary to fubmit to
the public the following extract from his
LETTER TO JOIN WILKES, ESQ. DATED
SEPTEMBER 7, 1771*, AND LAID BE-
FORE THE SOCIETY THE 24th.
A
A MAN, who honeſtly engages in a pub-
líc cauſe, muſt prepare himſelf for e.
vents, which will at once demand his utmoſt
O 6
patience,
In the author's own edition, nearly twelve pages
of the above letter are omitted. In this edition the
wholes
300
LETTERS
patience, and rouſe his warmeit indignationt.
I feel myſelf, at this moment, in the very
ſituation I deſcribe ; yet, froin the common
enemy I expect nothing but hoftilities againſt
the people. It is the conduct of our friends
that ſurprizes and afflicts me. I cannot but
reſent the injury done to the common cable
by the affembly at the London Tavern, nor
can I conceal from you my own particular
diſappointment. They had it in their power
to perform a real, effectual ſervice to the na-
tion; and we expected from them a proof,
not only of their zeal, but of their judgment.
Whercas the meaſure they have adopted is
ſo fhamefully injudicious, with regard to its
declared object, that in my opinion, it will,
and reaſonably ought, to make their zeal very
queſtionable with the people they mean
to ferve. When I ſee a meaſure excellent in
itſell, and not abſolutely unattainable, either
not made the principal object, or extrava-
gantly loaded with conditions palpably abſurd
or impracticable, I cannot eaſily fatisfy my-
felf, that the man, who propoſes it, is quite
fo fincere as he pretends to be. You, at leaſt,
whole extrad is given, as it was originally preſented to
the Supporters of the Bill of Rights. The paſſages.
marked with inverted commas are chole in the author's
edition. The paſſages not marked, are the parts of the
letter
now again reſtored to their proper places.
Mr.
JUNIUS, &c.
301
Mr. Wilkes, ſhould have ſhewn more temper
and prudence, and a better knowledge of
mankind. No perſonal reſpects whatſoever
ſhould have perſuaded you to concur in theſe
reſolutions. But my own zeal, I perceive,
betrays me; I will endeavour to keep a bet-
ter guard upon my temper, and apply to your
judgment in the moſt cautious and meaſured
language.
I OBJECT, in the firſt place, to the bulk,
and much more to the ftile, of your reſolu-
tions of the 23d of July; though ſome part
of the preamble is as pointed as I could wiſh,
you talk of yourfelves with too much autho-
rity and importance. By aſſuming this falfe
pomp and air of conſequence, you either give
general diſguſt, or, what is infinitely more
dangerous, Jyou expoſe yourſelves to be laugh-
ed at. The Engliſh are a faſtidious people,
and will not ſubmit to be talked to in fo
high a tone, by a ſet of private gentlemen,
of whom they know nothing, but that they
call themſelves Supporters of the Bill of Rights.
There are queſtions, which, in good policy,
you ſhould never provoke the people in gene-
ral to aſk themſelves. At the ſame time, Sir,
I am far from meaning to undervalue the
inſtitution of this ſociety. On the contrary,
I think the plan was admirable ; that it has
already been of ſignal ſervice to the public,
and
302
LETTERS OF
and may be of much greater; and I do moſt
earneſtly will, that you conſider of, and pro-
mote, a plan for forming conſtitutional clubs
all through the kingdom. A meaſure of this
kind would alarm government more, and be of
more effential ſervice to the cauſe, than any
thing that can be done relative to new model-
ing the houſe of commons. You ſee, then,
that my objections are directed to the particu-
lar meaſure, not to the general inftitution.
In the confideration of this meaſure, my
firſt objection goes to the declared purpoſe of
the reſolutions, in the terms and mode in
which you have deſcribed it, viz. the extermi-
nation of
In my opinion, you
graſp at the impoſſible, and loſe the really attain-
able. Without plaguing you or myſelf with
a logical argument upon a ſpeculative queſ-
tion, I willingly appeal to your own candour
and judgment. Can any man in his ſenſes
affirm, that, as things are now circumſtanced
in this country, it is poſſible to exterminate
corruption? Do you ſeriouſly think it pofli-
ble to carry through both houſes ſuch a place
bill as you deſcribe in the fifth article ; or,
fuppofing it carried, that it would not be er
vaded? When you talk of contracts and
lottery tickets, do you think that any human
law can really prevent their being diſtributed
and accepted? In ſhort, Sir, would you,
bona
JUNIUS, &c.:
bona fide, and as a man of honour, give it
for your expectation and opinion, that there
is a ſingle county or borough in the king-
dom, that will form the declaration recom-
mnended to them in the refolutions, and en-
force it upon the candidates ? For myfelf, I
will tell you freely, not what I think, but
what I know; the reſolutions are either to-
tally neglected in the country, or, if read,
are laughed at, and by people who mean as
well to the cauſe as any of us.
With regard to the articles taken fe-
“parately, I own I am concerned to fee,
* that the great condition, which ought to
** be the fine qua non of parliamentary quali-
" fication; which ought to be the baſis, as
w it affuredly will be the only fupport, of
every barrier raifed in defence of the con-
" ftitution; I mean a declaration upon oath to
Shorten the duration of parliaments ; is re-
tomo duced to the fourth rank in the eſteem of
* the ſociety, and, even in that place, far
“ from being inſiſted on with firmneſs and
"k vehemence, ſeems to have been particular-
ly ſighted in the expreſſion, You fhall en-
" deavour to reſtore annual parliaments. Are
16 theſe the terms which men who are in
** earneſt make uſe of, when the falus reipub-
« licæ is at ſtake! I expected other language
** from Mr. Wilkes. Beſides my objection
in
304
LETTERS
" in point of form, I diſapprove highly of
the meaning of the fourth article, as it
« ſtands.Whenever the queſtion ſhall be
feriouſly agitated, I will endeavour (and,
“ if I live, will aſſuredly attempt it) to con-
“ vince (the Engliſh nation, by arguments,
" to my underſtanding unanſwerable, that
** they ought to infift upon a triennial, and
« baniſh the idea of an annual parliament."
Article I. The terms of the firſt article
would have been very proper a century or
two ago, but they are not adapted to the pre-
fent ſtate of the conftitution. The King does
not act dirc&tly either in impofing or redreff-
ing grievances. We need not now bribe the
erown to do us juftice; and, as to the refufah
of fupplies, we might punish ourſelves into
deed, but it would be no way compulſory up-
on the King. With reſpect to his civil
lift, he is already independent, or might be
fo, if he had common ſenſe, or common re-
ſolution, and as for refuſing to vote the army
or navy, I hope we ſhall never be mad enough
to try an experiment every way fo hazardous.
But, in fact, the effort would be infinitely
too great for the occaſion. All we want is
an honeft repreſentative, or, at leaſt, ſuch a
one as will have ſome reſpect for the conſtitu-
ent body. Formerly the houſe of commons
were compelled to, bargain with the Sove-
reign.
JUNIUS, &c.
305
ir grievances, al-
.
reign. At preſent they may preſcribe their
own conditions. So much, in general, for
moſt all thoſe we complain of are, apparent-
The appointment of unworthy minifters is
not ſtrictly a grievance, (that is, a legal ſub-
jeet of complaint to the King) until thoſe
minifters are arraigned and convicted in due
courſe of law. If, after that, the King
ſhould perſiſt in keeping them in office, it
would be a grievance in the ſtrict, legal ſenſe
of the word, and would undoubtedly juſtify
rebellion, according to the forms, as well as
the ſpirit, of the conſtitution: I am far
from condemning the late addreſſes to the
throne; they ought to be inceſſantly repeated.
The people, by the fingular ſituation of their
affairs, are compelled to do the duty of the
houſe of commons.
Article 2. I object to the ſecond article,
becauſe I think that multiplying oaths is only
multiplying perjury.-Beſides this, I am
fatisfied, that, with a triennial parliament,
(and without it all other proviſions are nu-
gatory) Mr. Grenville's bill is, or may be
made, a ſufficient guard againſt any groſs or
flagrant offences in this way.
Article
306
LETTERS OF
Article 3. The terms of the third article
are too looſe and indefinite to make a diſtinct
ferious impreffion. That the people are not
equally and fully repreſented is unqueſtion-
able. But let us take care what we attempt.
We may demoliſh the venerable fabric we
intend to repair; and where is the ſtrength
and virtue to erect a better in its ſtead? I
Thould not, for any own part, be ſo much
inoved at the corrupt and odious practices by
which inconfiderable men get into parlia-
ment, nor even at the want of a perfect re-
preſentation, (and certainly nothing can be
lefs reconcileable to the theory, than the pre-
fent practice, of the conſtitution) if means
could be found to compel ſuch men to do
their duty (in effentials at leaſt) when they
are in parliament. Now, Sir, " I am con-
“ vinced, that, if ſhortening the duration of
" parliaments (which in effect is keeping
“ the repreſentative under the rod of the
« conſtituent) be not made the baſis of our
“ new parliamentary juriſprudence, other
“ checks or improvements fignify nothing
« On the contrary, if this be made the foun-
“ dation, other meaſures inay come in aid,
“ and, as auxiliaries, be of conſiderable ad-
"* vantage. Lord Chatham's project, for
“ inſtance, of increaſing the number of
“ Knights of Shires, appears to me admira-
6 ble," and the moment wo have obtained a
trien-
JUNIUS, &c.
307
triennial parliament it ought to be tried.
“ As to cutting away the rotten boroughs,
“ I am as much offended as any man at
fee
ing ſo many of them under the direct in-
“ fluence of the crown, or at the diſpoſal of
private perſons; yet I own, I have both
“ doubts and apprehenfions, in regard to the
“ remedy you propoſe. I ſhall be charged,
" perhaps, with an unufual want of political
“ intrepidity, when I honeſtly confefs to
* you, that I am ſtartled at the idea of ſo
“ extenſive an amputation. In the firſt
place, I queſtion the power, de jure, of
" the legiſlature to disfranchiſe a number of
** boroughs, upon the general ground of im-
"proving the conſtitution. There cannot
" be a doctrine more fatal to the liberty and
property we are contending for, than that
" which confounds the idea of a ſupreme and
** an arbitrary legiſlature. I need not point out
“ to you the fatal purpoſes, to which it has
“ been, and may be applied. If we are fin-
“ cere in the political creed we profeſs, there
" are many things which we ought to affirm
cannot be done by King, Lords, and
" Commons. Among theſe I reckon the
" disfranchiſing a borough with a general
" view to improvement. I conſider it as e-
“quivalent to robbing the parties concerned
“ of their freehold, of their birth-right. I
" ſay, that although this birth-right may be
for
308
LETTERS
OT
idlerted as forupulouſly as in the caſe of
* forfeited, or the exerciſe of it fufpended
" in particular cafes, it cannot be taken away
by a general law, for any real or pretended
" purpoſe of improving the conftitution.
I believe there is no power in this country to
make ſuch a law. ** Suppoſing the attempt
" made, I am perfuaded you cannot mean,
“ that either King or Lords ſhould take
• an active part in it. A bill, which only
** touches the reprefentation of the people,
" muft originate in the houſe of commons.
" In the formation and mode of pafling it,
* the excluſive right of the commons must
" a money bill. Now, Sir, I fhall be glad
to know, by what kind of trafoning it can be
proved, that there is a power oefled in the
* repreſentative to deſtroy bis immediate conſti-
* tuent. From whence could he poſſibly de-
<< rive it? A courtier, I know, will be ready
“ enough to maintain the affirmative. The
“ doctrine fuits him exactly, becauſe it gives
“ an unlimited operation to the influence of
“ the crown. But we, Mr. Wilkes, niuft*
“ hold a different language. It is no anſwer
to me to ſay, that the bill, when it paſſes
« the houſe of commons, is the act of the
" majority, and not of the repreſentatives of
" the particular boroughs concerned. If the
Muff is altered to ought in the author's edition.
majo-
"
JONIUS, &c.
309
more
“ majority can disfranchiſe ten boroughs,
“ why not twenty ? Why not the whole
kingdom? Why ſhould not they make
“ their own ſeats in parliament for life?
" When the feptennial a&t paſſed, the legiſla-
ture did what, apparently and palpably,
they had no power to do ; but they did
* ware of; they disfranchiſed the whole
“ kingdom for four years.
for four years. For argument's
“ fake, I will now ſuppoſe, that the expedi-
“ ency of the meaſure, and the power of par-
liament, were unqueſtionable-fill you
" will find an inſurmountable difficulty in
“ the execution. When all your inftru-
"ments of amputation are prepared-when
" the unhappy patient lies bound at your feet
“ without the poſſibility of reſiſtance, by
“ what infallible rule will you dire&t the ope-
“ ration? When you propoſe to cut away
" the rotten parts, can you tell us what parts
are perfectly found? Are there any certain
limits, in fact or theory, to inform you at
" what point you muſt ſtop-at what point
66 the mortification ends? To a man, ſo ca-
pable of obſervation and reflection as you
are, it is unneceſſary to ſay all that might
“ be ſaid upon the ſubject. Beſides that I
approve highly of Lord Chatham's idea
" of' infuſing a portion of new health into the
conftitution, mo enable it to bear its infirmi-
"sies, "
310
LETTERS OF
" ties,' (a brilliant expreffion, and full of
“ intrinſic wiſdom) other reaſons concur in
perſuading me to adopt it. I have no ob
« jection," to paying him fuch compliments
as carry a condition with them, and either
bind him firmly to the cauſe, or become the
bittereft reproach to him if he deſerts it.
Of this laſt I have not the moft diftant fuf.
picion. There is another man, indeed, with
whoſe conduct I ain not ſo completely fatis-
fied; yet even be, I think, has not reſolution
to do any thing fagrantly impudent in the
face of this country. At the ſame time, that
I think it good policy to pay thoſe compli-
ments to Lord Chatham, which in good
truth he has nobly deſerved, I thould be glad
to mortify thoſe contemptible creatures, who
call themſelves noblemen, whole worthleſs
importance depends entirely upon their influ-
ence over boroughs, and cannot be ſafely di .
miniſhed, but by increaſing the powers of
the counties at large. Among theſe men, I
cannot but diftinguiſh the meaneſt of the
human ſpecies, the whole race of the Conways.
I have but one word to add : I would not
give repreſentatives to thofe great trading
towns, which have none at preſent. If the
merchant and the manufa&turer muſt be really
repreſented, let them become freeholders by
their induſtry, and let the repreſentation of
the county be increaſed. You will find the
11
JUNIUS, &c.
311
houſe of commons, be fixed, by ſufficient
interruption of bufineſs in thoſe towns, by
the triennial riots and cabals of election, too
dear a price for the nugatory privilege of
fending inembers to parliament.
The remaining articles will not require a
long difcuſſion : of the 4th and 5th articles
I have ſpoken already.
Article 6. The meaſures recommended in
the fixth are unexceptionable. My only
doubt is, how can an act, apparently done by
legal evidence, upon the Duke of Grafton or
Lord North, of whoſe guilt I am neverthc-
lefs completely ſatisfied ? As for Lord Wey-
mouth and Lord Barrington, their own let-
ters are a ſufficient ground of impcach-
ment.
Article 7. The ſeventh article is alſo very
proper and neceſſary. The impeachment of
Lord Mansfield, upon his own paper, is in-
diſpenſable. Yet ſuffer me to guard you a-
gainſt the feducing idea of concurring in any
vote, or encouraging any bill, which may
pretend to aſcertain, while in reality it limits,
the conftitutional power of juries. I would
have their right to return a general verdiet in
all caſes whatſoever, conſidered as a part of
the conftitution, fundamental, facred, and
no
312
LE TIERS
no more queſtionable by the legiſlature, than
whether the government of the country ſhall
be by King, Lords, and Commons. Upon
this point, an enacting bill would be pernici-
ous; a declaratory bill, to ſay the beſt of it,
uſeleſs.
Article 8. I think the eighth article would
be more properly expreſſed thus : You ſhall
grant no money, unleſs for ſervices known to,
and approved of hy, Parliament. In general
the fupplles are appropriated, and cannot ea-
fily be miſapplied. The houſe of commons
indeed, too ready in granting large fums
under the head of Extraordinaries incurred and
not provided for. But the accounts lie be-
fore them ;- it is their own fault if they
do not examine thefe. The manner in
which the late debt upon the civil liſt was
pretended to be incurred, and really paid,
demands a particular examination. Never
was there a more impudent outrage offered to
a patient people.
Article 9.
The ninth is indiſpenſable ;
but I think the matter of it fitter for in-
fruction, than the declaration you have in
view. I am very apprehenſive of clogging
the declaration, and making it too long.
Articles
JUNIUS, &c.
313
Articles 10 and 11. In the tenth and ele-
venth you are civil to Ireland and America ;
and, if you mean nothing but oftentation,
it may poffibly anſwer your purpoſe. Your
care of Ireland is much to be commended.
But, I think, in good policy, you may as well
compleat a reformation at home, before you
attempt to carry your improvements to ſuch
a diſtance. Clearing the fountain is the beſt
and ſhorteſt way to purify the ſtream. As for
taxing the Americans by their own repre-
fentatives, I confefs I do not perfe&tly un-
derſtand you. If you propoſe, that, in the ar-
ticle of taxation, they ſhould hereafter be left
to the authority of their reſpective aſſemblies,
I muſt own, I think you had no buſineſs to
revive a queſtion which ſhould, and probably
would, have lain dormant for ever. If you
mean, that the Americans ſhould be autho-
riſed to ſend their repreſentatives to the Bri-
tiſh Parliament, I ſhall be contented with
referring you to what Mr. Burke has ſaid
upon this ſubject, and will not venture to
add any thing of my own, for fear of diſco.
vering an offenſive diſregard of your opi-
nion. Since the repeal of the Stamp-act,
I know of no acts tending to tax the Amen
ricans, except that which creates the tea du-
ty; and even that can hardly be called inter-
nal: yet it ought to be repealed, as an im-
politic act, not as an oppreſſive one. It pre-
Vol. II.
P
ſerves
314
L E T T E R$ OF
ferves the contention between the mother-
country and the colonies, when every thing
worth contending for, is, in reality, given
up. When this act is repealed, I preſume
you will turn your thoughts to the poſtage
of letters ;: a tax impoſed by authority of
Parliament, and levied in the very heart of
the colonies. I am not ſufficiently informed
upon the fubject of that exciſe, which you
fay is ſubſtituted in North America to the
laws of cuſtoms, to deliver ſuch an opinion
upon it, as I would abide by. Yet I can ea-
fily comprehend, that, admitting the neceffi-
ty of raiſing a revenue for the fupport of
government there, any other revenue laws,
but thoſe of excife, would be nugatory in
ſuch a country as America. I ſay this with
great diffidence as to the point in quef-
tion, and with a poſitive proteſt againſt
any conclufion from America to Great Bri-
tain: 1
If thefe obſervations ſhall appear to de-
ferve the attention of the Society, it is for
them to conſider what uſe inay be made of
them. I know how difficult and irkſome it
is to tread back the ſteps we have taken ; yet
if any part of what I have ſubmitted to you
carries reaſon and conviction with it, I
hope that no falſe ſhame will influence our
friends
JUNIUS, &c.
315
friends at the London Tavern. Let my o-
pinions be fairly examined.
“ The man, who fairly and completely
6 anſwers this argument*, ſhall have my
" thanks and my applauſe. My heart is al-
66 ready with him.-I am ready to be con-
“ verted.--I admire his morality, and would
“ gladly ſubſcribe to the articles of his faith.
Grateful, as I am, to the GOOD BEING,
" whoſe bounty has imparted to me this
“ reaſoning intellect, whatever it is, I hold
myſelf proportionally indebted to him,
s from whoſe enlightened underſtanding a-
"nother ray of knowledge communicates
46 to mine. But neither ſhould I think
<< the moſt exalted faculties of the human
“ mind, a gift worthy of the divinity ; nor
any aſſiſtance in the improvement of them,
a ſubject of gratitude to my fellow crea-
ture, if I were not ſatisfied that really to
“ inform the understanding corrects and en-
* larges the heart."
JUNIUS.
* ALLUDING to that part of the letter marked
with inverted commas.
1 N 1 s.
3
UNIVERSITY OF MICHIGAN
3 9015 04925 6061
1.
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DO MOTOR