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the surface, neglected and unremoved. It is | nineteen days the Duke of Graston was comonly the tempest that lists him from his place. pelled to resign. But Junius and his friends
Without consulting your minister, call togeth. were bitterly disappointed. The King had, iner your whole council. Let it appear to the deed, the wisdom to remove the great source of public that you can determine and act for your contention by pardoning Wilkes; but he clung sell. Come forward to your people. Lay aside to his Tory advisers; he placed Lord North at the wretched formalities of a King, and speak to the head of affairs, and for twelve years persistyour subjects with the spirit of a man, and in ed in his favorite measures, and especially his the language of a gentleman. Tell them you resolution to force taxation on America, until he have been fatally deceived. The acknowledg. drove her out of the empire. ment will be no disgrace, but rather an honor to Before leaving this letter, it will be proper to your understanding. Tell them you are determ- give a brief account of the celebrated trial to ined to remove every cause of complaint against which it gave rise. Woodfall
, the publisher, your government; that you will give your con- was prosecuted for a seditious libel, and brought fidence to no man who does not possess the con before the Court of King's Bench on the 13th fidence of your subjects; and leave it to them- of June, 1770. Lord Mansfield, in charging the selves to determine, by their conduct at a future jury, told them that there were only two points election, whether or no it be in reality the gen- for their consideration : the first, the printing and eral sense of the nation, that their rights have publishing of the paper in question ; the second, been arbitrarily invaded by the present House the sense and meaning of it. That as to the of Commons, and the Constitution betrayed. charges of its being malicious, seditious, &c., They will then do justice to their representa- these were inferences of law. That, therefore, tives and to themselves.
the printing and sense of the paper were alone These sentiments, sir, and the style they are what the jury had to consider of ; and that, if the conveyed in, may be offensive, perhaps, because paper should really contain no breach of law, they are new to you. Accustomed to the lan- that was a matter which might afterward be guage of courtiers, you measure their affections moved in arrest of judgment.” This put the by the vehemence of their expressions; and when prisoner completely in the power of the judges. they only praise you indirectly, you admire their The jury had no right to inquire into his motives sincerity. But this is not a time to trifle with or the real merits of the case. As the fact of
They deceive you, sir, who tell publ tion was admitted, and the meaning of you that you have many friends, whose affections the words was clear, they must pronounce him are founded upon a principle of personal attach- guilty, although perfectly satisfied that he had ment. The first foundation of friendship is not spoken the truth, and had been governed by upthe power of conserring benefits, but the equal right intentions. This, certainly, made the trial ity with which they are received, and may be re- by jury in cases of libel a mere farce. In the turned. The fortune which made you a King present instance, the jury got round the difficulty forbade you to have a friend. It is a law of na- by bringing in a verdict, “ Guilty of the printing ture which can not be violated with impunity. and publishing only." The question now arose, The mistaken prince, who looks for friendship, What is the legal effect of this finding ?” The will find a Favorite, and in that Favorite the Attorney General claimed that it was to be taken ruin of his affairs.
as a conviction ; the counsel of Woodfall, that it The people of England are loyal to the house amounted to an acquittal. The case was argued of Hanover, not from a vain preference of one at length, and the court decided for neither party. family to another, but from a conviction that the They set the verdict aside, and ordered a new establishment of that family was necessary to trial. This, however, was the same to Woodthe support of their civil and religious liberties. fall as an acquittal; for it was perfectly well This, sir, is a principle of allegiance equally sol- known that no jury could ever be found in the id and rational, fit for Englishmen to adopt, and city of London to return a verdict against the well worthy of your Majesty's encouragement publisher. The matter was therefore dropped, We can not long be deluded by national distinc. and Junius came off victorious. tions. The name of Stuart, of itself, is only con- Much blame was thrown upon Lord Manstemptible; armed with the sovereign authority, field for this decision. The subject was brought their principles were formidable. The Prince, before the House of Lords by Lord Chatham, and who imitates their conduct, should be warned Lord Mansfield said in reply, “His Lordship tells by their example ; and while he plumes himself the House that doctrines no less new than danupon the security of his title to the crown, should gerous have been inculcated in this court, and remember that, as it was acquired by one revo- that, particularly in a charge which I delivered lution, it may be lost by another.
to the jury on Mr. Woodfall's trial, my direcJUNIUS. tions were contrary to law, repugnant to prac
tice, and injurious to the dearest liberties of the This letter was published just before the people. This is an alarming picture, my Lords; Christmas holidays, and immediately after their it is drawn with great parade, and colored to close, Parliament commenced its session. Lord | affect the passions amazingly. Unhappily, how. Chatham came out at once as leader of the ever, for the painter, it wants the essential cirWhigs, now united into one body, and within | cumstance of truth in the design, and must, like many other political pictures, be thrown, not-field had laid down; and, in laying it down, he withstanding the reputation of the artist, among not only followed the example of his immediate the miserable daubings of faction. So far, my predecessors, but he was supported by the unanLords, is the accusation without truth, that the imous opinion of his brethren who sat by him. directions now given to juries are the same that There was no pretense for representing him as they have ever been. There is no novelty intro- a daring innovator, who, slavishly wishing to duced—no chicanery attempted; nor has there, please the government, tried to subvert trial by till very lately, been any complaint of the integ- jury, and to extinguish the liberty of the press." rity of the King's Bench."
Junius, as might be expected, attacked Lord The opinion of enlightened jurists at the pres. Mansfield soon after in the most vehement terms. ent day, as to the merits of the case, is expressed If he had confined himself to the legal question by Lord Campbell in his Lives of the Chief Jus- and the rights of juries, no one could have contices, vol. ii., p. 480.
demned him for using strong language ; but he “Lord Mansfield, in the course of these tri- followed his ordinary method of assailing charals, had done nothing to incur moral blame. I acter and motives. He revived the exploded think his doctrine-that the jury were only to story of Mansfield's having drunk the Pretend. find the fact of publication and the innuendos-er's health on his knees. He tortured him by contrary to law as well as liberty. His grand the most cruel insinuations. But he overshot argument for making the question of 'libel or his mark, and fell into the grossest errors, espenot exclusively one of law, that the defendant cially in his grand controversy about the right may demur or move in arrest of judgment, and of Lord Mansfield to bail a man named Eyre, in so refer it to the court, admits of the easy an- which, as Lord Campbell remarks, “ Junius was swer, that, although there may be a writing set egregiously in the wrong, clearly showing that out in the information as libelous which it could he was not a lawyer, his mistakes not being deunder no circumstances be criminal to publish, signedly made for disguise, but palpably proceed. yet that an information may set out a paper the ing from an ignorant man affecting knowledge." publication of which may or may not be crim- -Ibid., p. 402. inal, according to the intention of the defendant The trial of Woodsall was ultimately productand the circumstances under which it is pub- ive of good. It roused the public mind to the lished. Therefore, supposing judges to be ever rights of juries. A similar case came up in 1784, so pure, upright, and intelligent, justice could when the Dean of St. Asaph was tried for a libel; not be done by leaving to them the criminality and at this time Mr. Erskine made his celebrated or innocence of the paper alleged to be libelous, argument on the subject, which prepared the as a mere abstract question of law, to be decided way for an act of Parliament, declaring the right by reading the record. Nevertheless, there were of juries to decide on the law as well as the facts various authorities for the rule which Lord Mans- l in cases of libel.
L E T TER
TO HIS GRACE THE DUKE OF GRAFTONI
My Lord,-If I were personally your enemy, no title to indulgence; and, if I had followed I might pity and forgive you. You have every the dictates of my own opinion, I never should claim to compassion that can arise from misery have allowed you the respite of a moment. In and distress. The condition you are reduced to your public character, you have injured every would disarm a private enemy of his resentment, subject of the empire ; and, though an individual and leave no consolation to ihe most vindictive is not authorized to forgive the injuries done to spirit, but that such an object as you are would society, he is called upon to assert his separate disgrace the dignity of revenge. But, in the re- share in the public resentment. I submitted, lation you have borne to this country, you have however, to the judgment of men, more moder
ate, perhaps more candid than myself. For my 1 Dated February 14th, 1770. This Letter must
own part, I do not pretend to understand those have been commenced within week after the res. ignation of the Duke of Grafton. It is Junius' first prudent forms of decorum, those gentle rules of shout of triumph over the fall of his adversary. He with the conduct of the greatest and most haz
discretion, which some men endeavor to unite evidently regarded Lord North's ministry as a mere modification of the Bedford party; and, as he always ardous affairs. Engaged in the defense of an underrated his talents, he now treats bim, at the close honorable cause, I would take a decisive part. of this Letter, with great contempt, expressing (what I should scorn to provide for a future retreat, or he undoubtedly felt) a firm conviction that the whole to keep terms with a man who preserves no concern must soon fall to pieces, and the Whigs be
measures with the public. Neither the abject called into office.
submission of deserting his post in the hour of This is one of the most finished productions of Ja danger, nor even the sacred shield of cowardice, nius. It has more eloquence than the Letter to the King, and would deserve our unqualified admiration, Sacro tremuere timore. Every coward pretends if it were as just as it is eloquent.
to be planet-struck.
should protect him. I would pursue him through the whining piety of a Methodist. We had realife, and try the last exertion of my abilities to pre- son to expect that notice would have been taken serve the perishable infamy of his name, and make of the petitions which the King has received from it immortal.
the English nation; and, although I can conceive What then, my Lord, is this the event of all some personal motives for not yielding to them, the sacrifices you have made to Lord Bute's pat- I can find none, in common prudence or decency, ronage, and to your own unfortunate ambition ? for treating them with contempt. Be assured, Was it for this you abandoned your earliest friend. my Lord, the English people will not tamely ships—the warmest connections of your youth, submit to this unworthy treatment. They had and all those honorable engagements, by which a right to be heard; and their petitions, if not you once solicited, and might have acquired, the granted, deserved to be considered. Whatever esteem of your country? Have you secured no be the real views and doctrine of a court, the recompense for such a waste of honor ? Un- Sovereign should be taught to preserve some happy man! What party will receive the com- forms of attention to his subjects, and, if he will mon deserter of all parties? Without a client not redress their grievances, not to make them to flatter, without a friend to console you, and a topic of jest and mockery among the lords and with only one companion from the honest house ladies of the bedchamber. Injuries may be of Bloomsbury, you must now retire into a dread. atoned for and forgiven; but insults admit of no ful solitude, (which you have created for your compensation. They degrade the mind in its self]. At the most active period of life, you own esteem, and force it to recover its level by must quit the busy scene, and conceal yourself revenge. This neglect of the petitions was, howfrom the world, if you would hope to save the ever, a part of your original plan of government; wretched remains of a ruined reputation. The nor will any consequences it has produced acvices never fail of their effect. They operate count for your deserting your Sovereign in the like age—bring on dishonor before its time, and, midst of that distress in which you and your new in the prime of youth, leave the character broken friends (the Bedfords) had involved him. One and exhausted.
would think, my Lord, you might have taken Yet your conduct has been mysterious as well this spirited resolution before you bad dissolved as contemptible. Where is now that firmness, the last of those early connections which once, or obstinacy, so long boasted of by your friends, even in your own opinion, did honor to your and acknowledged by your enemies? We.were youth-before you had obliged Lord Granby to taught to expect that you would not leave the quit a service he was attached to—before you ruin of this country to be completed by other had discarded one Chancellor and killed another.5 hands, but were determined either to gain a decisive victory over the Constitution, or to perish, throwing it in the teeth of the Duke, especially as
the petitions and remonstrances of London, Westbravely at least, in the last dike of the preroga- minster, Surrey, York, and other parts of the king. tive. You knew the danger, and might have dom, respecting the most urgent political concerns, been provided for it. You took sufficient time
were passed over in silence, and thus treated with to prepare for a meeting with your Parliament, contempt. to confirm the mercenary fidelity of your de- Lord Granby had resigned bis office as Com. pendents, and to suggest to your Sovereign a mander-in-chief about a month before, affirming that language suited to his dignity, at least, if not to be had been wholly misled under the administration his benevolence and wisdom. Yet, while the of the Duke of Grafton as to the affair of Wilkes, and whole kingdom was agitated with anxious ex
declaring that he considered his vote on that subject
as the greatest misfortune of bis life. pectation upon one great point, you meanly When Lord Camden was discarded and compelled evaded the question, and, instead of the explicit to resign, for saying in Parliament that he had long firmness and decision of a King, you gave us disapproved the measures of the cabinet, but had nothing but the misery of a ruined grazier,* and been unable to resist them, the King found it diffi
cult to induce any one to accept the office of Lord 3 The words in brackets were contained in the Chancellor. He applied to Mr. Charles Yorke, son Letter as it originally appeared in the Public Ad. of the celebrated Lord Hardwicke, but could not vertiser, but were struck out by Junius in bis re- prevail with him, because an acceptance would vised edition. As they add an important idea, and liave been a virtual abandonment of his principles. give the period an easier cadence, it may be doubt. After trying in other quarters, the King again reed whether the author did wisely to omit them. It quested a private interview with Mr. Yorke, and is unnecessary to remark on the animated flow and made such appeals to him (it is believed) as no moncondensed energy of this paragraph. An able critic arch ought ever to address to a subject, declaring has said, in rather strong terms, “ No language, an. that, if he would only accept the seals, “ an admin. cient or modern, can afford a specimen of impressive istration might soon be formed which the nation eloquence superior to this."
would entirely approve.” Mr. Yorke was at length • The King's speech, which was drawn up by the overpowered; he sunk on his knees in token of Duke of Grafton for the opening of this session, went submission; and the King gave him his hand to by the name of the "horned-cattle speech," because kiss, saluting him as Lord Chancellor of England. it commenced with referring to a prevalent distem. Mr. Yorke instantly repaired to the house of his per among the horned cattle of the kingdom, as a brother, Lord Hardwicke, to explain the step he matter of great importance, requiring the attention bad taken, and, to his great surprise, found Lord of Parliament. This created universal merriment; Rockingham, and the other leaders of Opposition, and Janius could not deny himself the pleasure of I there, concerting with his brother the best means
To what an abject condition have you labored | to make it contemptible. You will say, perhaps, to reduce the best of princes, when the unhappy that the faithful servants in whose hands you man, who yields at last to such personal instance have left him are able to retrieve his honor and and solicitation as never can be fairly employed to support his government. You have publicly against a subject, feels himself degraded by his declared, even since your resignation, that you compliance, and is unable to survive the dis- approved of their measures and admired their graceful honors which his gracious Sovereign conduct, particularly that of the Earl of Sandhad compelled him to accept. He was a man wich. What a pity it is that, with all this apof spirit, for he had a quick sense of shame, and pearance, you should think it necessary to sepdeath has redeemed his character. I know your arate yourself from such amiable companions ! Grace too well to appeal to your feelings upon You forget, my Lord, that while you are lavish this event; but there is another heart, not yet, I in the praise of men whom you desert, you are hope, quite callous to the touch of humanity, to publicly opposing your conduct to your opinions, which it ought to be a dreadful lesson forever. and depriving yourself of the only plausible pre
Now, my Lord, let us consider the situation tense you had for leaving your sovereign overlo which you have conducted, and in which you whelmed with distress--I call it plausible, for, have thought it advisable to abandon your royal in truth, there is no reason whatsoever, less than
Whenever the people have complained, the frowns of your master, that could justify a and nothing better could be said in defense of the man of spirit for abandoning his post at a momeasures of government, it has been the fashion ment so critical and important! It is in vain to to answer us, though not very fairly, with an evade the question. If you will not speak out, appeal to the private virtues of your sovereign. the public have a right to judge from appearan“ Has he not, to relieve the people, surrendered ces. We are authorized to conclude that you a considerable part of his revenue ? Has he not either differed from your colleagues, whose measmade the judges independent by fixing them in ures you still affect to defend, or that you thought their places for life ?” My Lord, we acknowl- the administration of the King's affairs no longer edge the gracious principle which gave birth to tenable. You are at liberty to choose between these concessions, and have nothing to regret but the hypocrite and the coward. Your best friends that it has never been adhered to. At the end are in doubt which way they shall incline. Your of seven years, we are loaded with a debt of country unites the characters, and gives you credabove five hundred thousand pounds upon the it for them both. For my own part, I see nothcivil list, and we now see the Chancellor of ing insynsistent in your conduct. You began Great Britain tyrannically forced out of his of with betraying the people--you conclude with fice, not for want of abilities, not for want of in- betraying the King. tegrity, or of attention to his duty, but for deliv- In your treatment of particular persons, you ering his honest opinion in Parliament upon the have preserved the uniformity of your character. greatest constitutional question that has arisen Even Mr. Bradshaw declares that no man was since the Revolution. Wc care not to whose ever so ill used as himself. As to the provision private virtues you appeal; the theory of such you have made for his family, he was entitled to a government is falsehood and mockery; the it by the house he lives in. The successor of practice is oppression. You have labored, then one chancellor might well pretend to be the rival (though I confess to no purpose), to rob your of another. It is the breach of private friendmaster of the only plausible answer that ever ship which touches Mr. Bradshaw; and, to say was given in defense of his government of the the truth, when a man of his rank and abilities opinion which the people have conceived of his had taken so active a part in your affairs, he personal honor and integrity. The Duke of Bed- ought not to have been let down at last 'with a ford was more moderate than your Grace. He miserable pension of fifteen hundred pounds d only forced his master to violate a solemn promise made to an individual (Mr. Stuart Mackenzie). © This nobleman was notoriously profligate in bis But you, my Lord, have successfully extended life. Such was the case also, to a great extent, with your advice to every political, every moral en
Gower, Rigby, and all the Bedford men in the Duke gagement that could bind either the magistrate
of Grafton's ministry. or the man. The condition of a King is often
* Mr. Bradshaw, a dependent of the Duke of Grafmiserable ; but it required your Grace's abilities life and the lives of all bis sons, while Sir Edward
ton, received a pension of £1500 a year for his own
Hawke, who had saved the state, received what of carrying on their attack upon the government. was actually worth a less sum. Junius, alluding to When he told his story, they all turned upon bim Bradshaw's complaints, sneeringly says that he was with a burst of indignation, and reproached him as certainly entitled to a large pension on account of guilty of a flagrant breach of honor. He returned the house he lives in," referring to a fact which to his house overwhelmed with grief, and within occasioned considerable speculation, viz., that Brad. two days his death was announced. There was a shaw had just takeu a very costly residence, pregeneral suspicion of suicide, and it has never yet viously occupied by Lord Chancellor Northington. been made certain that he died a natural death. The whole passage is obviously a sneering one, Well might Junius say, in reference to the King, though Heron takes it seriously, and then repre. “There is another heart not yet, I hope, quite cal- sents Junius as inconsistent with himself, because lous to the touch of humanity, to which it ought to he alludes, in a note, to the largeness of Bradsbaw's be a dreadful lesson forever."
pension as compared with Admiral Hawke's.
year. Colonel Luttrell, Mr. Onslow, and Mr. fold recrimination, and to set you at defiance. Burgogne were equally engaged with you, and The injury you have done him aflects his moral have rather more reason to complain than Mr. character. You knew that the offer to purchase Bradshaw. These are men, my Lord, whose the reversion of a place which has hitherto been friendship you should have adhered to on the sold under a decree of the Court of Chancery, same principle on which you deserted Lord however imprudent in his situation, would no Rockingbam. Lord Chatham, Lord Camden, and way tend to cover him with that sort of guilt the Duke of Portland. We can easily account which you wished to fix upon him in the eyes for your violating your engagements with men of of the world. You labored then, by every spehonor, but why should you betray your natural cies of false suggestion, and even by publishing connections? Why separate yourself from Lord counterfeit letters, to have it understood that he Sandwich, Lord Gower, and Mr. Rigby, or leave had proposed terms of accommodation to you, the three worthy gentlemen above mentioned to and had offered to abandon his principles, his shift for themselves? With all the fashionable party, and his friends. You consulted your own indulgence of the times, this country does not breast for a character of consummate treachery, abound in characters like theirs; and you may and gave it to the public for that of Mr. Vaughan. find it a difficult matter to recruit the black cat. I think myself obliged to do this justice to an inalogue of your friends.
jured man, because I was deceived by the apThe recollection of the royal patent you sold pearances thrown out by your Grace, and have to Mr. Hine obliges me to say a word in defense frequently spoken of his conduct with indigna. of a man (Mr. Vaughan) whom you have taken tion. If he really be, what I think him, honest, the most dishonorable means to injure. I do though mistaken, he will be happy in recovering not refer to the sham prosecution which you af. his reputation, though at the expense of his unfected to carry on against him. On that ground, derstanding. Here, I see, the matter is likely I doubt not he is prepared to meet you with ten
Your Grace is afraid to carry on the s This alludes to the patent of an office granted of his purchase ; and Governor Burgoyne, re
prosecution. Mr. Hine keeps quiet possession for the benefit of Mr. Burgoyne, who, with the Duke lieved from the apprehension of refunding the of Grafton's permission, sold out the annual income for a gross sum to a person named Hine. The pros- money, sits down, for the remainder of his life, ecution mentioned in the next sentence is thus spo
INFAMOUS and CONTENTED. ken of by Woodfall, in his Junius, vol. i., 322: “Mr. I believe, my Lord, I may now take my leave Samuel Vaughan was a merchant in the city, of hith of you forever. You are no longer that resolute erto anblemished character, and strongly attached minister who had spirit to support the most vioto the popular cause. The office he attempted to lent measures; who compensated for the want procure had at times been previously disposed of for of good and great qualities by a brave determin& peconiary consideration, and had, on one particnlar occasiou, been sold by an order of a Court of ation (which some people admired and relied on) Chancery, and consisted in the reversion of the to maintain himself without them.
The reputaclerkship to the Supreme Court in the island of Ja- tion of obstinacy and perseverance might have maica. A Mr. Howell was, in fact, at this very time supplied the place of all the absent virtues. You in treaty with the patentee for the purchase of bis have now added the last negative to your charresignation, which clearly disproved any criminal in. acter, and meanly consessed that you are desti. tention in Mr. Vaughan. He was, however, pros
tute of the common spirit of a man. Retire ecuted, obviously from political motives, but the then, my Lord, and bide your blushes from the prosecution was dropped after the affair of Hine's patent was brought before the public.” Mr. Heron world; for, with such a load of shame, even states, however, that "the office itself had never BLACK may change its color. A mind such as been directly or avowedly sold by the Crown, though yours, in the solitary hours of domestic enjoythe life-interest had been, under a decree of Chance. ment, may still find topics of consolation. You ry." It is not surprising (if this were so) that Mr. may find it in the memory of violated friendVaughan, not being a professional man, should have ship, in the afflictions of an accomplished prince, failed to discern the difference. His application, whom you have disgraced and deserted, and in therefore, may bave been made without any crimine agiiations of a great country, driven by your inal intention. To prosecute in such a case does councils to the brink of destruction. seem a very severe measure; and, as the prosecu.
The palm of ministerial firmness is now transtion was dropped from this time, it would seem that the Duke himself considered it a bad business.
ferred to Lord North. He tells us so himself, It may be added, that Sir Dennis Le Marchant, in with the plenitude of the ore rotundo ;' and I am his edition of Walpole's Memoirs of George III., ready enough to believe that, while he can keep says. “ Junius's account of the prosecution (of his place, he will not easily be persuaded to reVaughan) is fair-making the usual deductions." | sign it. Your Grace was the firm minister of Walpole censures the prosecution as foolislı. to Hine's patent, he says, “ It was proved that he yesterday : Lord North is the firm minister of
to-day. To-morrow, perhaps, bis Majesty, in (the Duke) had bestowed on Colonel Burgoyne a place, which the latter was to sell to reimburse him his wisdom, may give us a rival for you both. self for the expenses of his election at Preston."'-- · Note by Junius. “This eloquent persou bas got Vol. iii., 400. This was the statement made by Ju- as far as the discipline of Demosthenes. He constant. nius ; and it is not, therefore, wonderful that, after ly speaks with pebbles in his mouth, to improve his the exposure of such a transaction, the Duke thought articulation."--This refers to a peculiarity of Lord best to say as little as possible about Mr. Vaughan. | North, whose “ tongue was too large for bis mouth.”