634 Junius to a great Perfonage. moft important rights and interests of the people, and forced your subjects, from with ing well to the caufe of an individnal, to unite with him in their own. Let thom proceed as they have begun, and your my need not doubt that the catastrophe wili do no dishonour to the conduct of the piece. Dec. fide, you hazard the affections of all your no longer appeal to the creature of the cunfitution, but to that high. Being who gare them the rights of humanity, whole girts it were facrilege to furrender, let me alk you, fit, upon what part of your subjects wadli you rely for afillance? The people of I~1 -d have been uniformly plundered and opprefied. In return, they give you every day fresh marks of their c fentment. They defpife the miserable governor you have fent them, becauíe de is the creature of L-B-- nor is it from any natural confusion in their ideas, that they are fo ready to confound the original of a k→ with the difgrace ul representation of him. The circumstances to which you are rsduerti will not admit of a compromise with the nation. Undecifive, qualifying meatures will disgrace your government ftill more than open violence, and, without fatisfying the people, will excite their contempt. They have too much under and ing and fpirit to accept of an indirect fatis- if an E-hk- be hated or defpifal, fiction for a direct injury. Nothing lefs he must be unhappy; and this perhaps is than a repeal, as formal as the refolution the only political truth, which he ought m itfelt, can heal the wound, which has been be convinced of without experiment. But given to the constitution, nor will any thing if the E-people should no longer confine lefs be accepted. I can readily beheve that their resentment to a submiṁre reprefenta» there is an infiuen e surfici nt to recall that tion of their wrongs; if, following the glopernicious vote. The H-of ―rious example of their ancestors, they should docbtedly confider their duty to the c-n as puramount to all other obligations. To us they are only indebted for an accidental exIfence, and have justly transferred their gratitude from their parents to their bene factors from thofe, who gave th m birth, to the minifter, from whole benevolence they derive the e morts and pleasures of their political life-who has taken the tent care of their infancy, relieves their necefnies without offending their delicacy, and has given them, what they value moit, a virtuous education. But if it were poffide for their integrity to be degraded to a condition fo vile and abject, that, compared with it, the prefent eflimation they stand in is a fate of honour and refpect, confider, fit, in what manner you will afterwards proceed. Can you conceive that the people of this country will long fubmit to be governed by fo flexible a Hof! It is not in the nature of human fociety, that any form of government, in fuch circumftances, can lung be preferved. In ours the general contempt of the people is as fatal as their deteftation. Such, I am perfuaded, would be the neceffary effect of any bafe conceflion made by the prefent Hof, and, as a qualifying measure would not be accepted, it remains for you to decide whether you will, at any kazard, fupport a fet of men, who have reduced you to this unhappy dilemma, on whether you will gratify the united wishes of the whole people of England by diffolving the p Taking it for granted, as I do very finCamely, that you have perfonally no defign against the conftition, por any views in confiftent with the good of your fubjects, I think, you cannot hesitate long upon the choice, which it equally concerns your inreft, and your honour to adopt. On one The distance of the colonies would make it impoffible for them to take an active.comcern in your affairs, if they were as well affected to your government as they once pretended to be to your perfon. They were ready enough to diftinguish between y you and your ministers. They complained of an act of the legiflature, but traced the origia of it no higher than to the fervants of the cn: they pleafed themselves with the hope that their fer-n, if not favourable to their caufe, at least was impartial. The decifive, perfonal part you took against them, has effectually banished that first distinction, from their minds. They confider you as united with your fervants ag inft A—r—a, and know how to distinguish the 1 and a venul A on one fire, from the real fentiments of the E people on the other. Looking forward to independence, they might poflibly receive you for their knj but, if ever you retire to Ar-a, be al fored they will give you fuch a covenant to digeft, as the prefbytery of Scotland would have been ashamed to offer to Charles the Second. They left their native land in fearch of freedom, and found it in a lefert. Divided as they are into a thousand forms of 1769: Junius to a great Perfonage. of policy and religion, there is one point in which they all agree: they equally deteft the pageantry of a k, and the fupercihous hypocrify of a bishop. It is not then from the alienated affec tions of id or Aa, that you can reafonably took for afkftance to still lefs from the people of E, who are actually contending for their rights, and, in this great queftion, are parties against you. You are not, however, destitute of every appearance of fupport you have all the jacobites, nonjurors, Roman catholics, and tories of is country, and all S-- without exception. Confidering from what family you were defcended, the "choice of your friends has been fingularly directed and truely, fir, if you had not loft the whig interest of E-, I fhould admire your dexterity in turning the hearts of enemies. Is it poffible for you to place any confidence in men, who, before they are faithful to you, must renounce every opinion, and betray every principle both in church and ftate, which they inherit from their ancestors, and are confirmed in by their education? whofe numbers are fo inconfiderable, that they have long fince been obliged to give up the principles and language which diftinguifhed them as a party, and to fight under the banners of their enemies? Their zeal begins with hypocri y, and muft conclude in treachery. At first they deceive; at laft they betray. As to the S-, I mult fuppofe your heart and understanding fo biafled, from your earliest infancy, in their favour, that. nothing lefs than your own misfortunes can undeceive you You will not accept of the uniform experience of your ancestors; and when once a man is determined to believe, the very abfurdity of the doctrine confirms him in his faith. A bigotted understanding can draw a proof of attachment to the houfe of H-n-r from a notorious zeal for the houfe of Stuart, and find an earnest of future loyalty in former rebellions. Appearances are however in their favour; fo ftrongly indeed, that one would think that they had forgotten that you are their lawful k and had mistaken you for a pretender to the 635 fubjects, he applied only to their honour, a The infidious fmiles upon the cheek would warn him of the canker in the heart. From the ufes, to which one part of the army has been too frequently applied, you have fome reafon to expect, that there are no fervices they would refufe. Here too we trace the partiality of your understanding. You take the fenfe of the army from the conduct of the guards, with the fame juftice with which you collect the fenfe of the people from the reprefentations of the minifry. Your marching regiments, fir, wilk not make the guards their example either as foldiers or fubjects. They feel and refent, as they ought to do, that invariable, undiftinguishing favour with which the guards are treated; while thofe gallant troops, by whom every hazardous, every laborious fervice is performed, are left to perish in garrifons abroad, or pine in quarters at home, neglected and forgotten. If they had no fenfe of the great original duty they owe their country, their refuntinent would operate like patriotifm, 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 fill strengthenough to awe the Roman populace: but when the distant legions took the alarm, they marched to Rome, and gave away the empire. t On this fide then, which ever way you turn your eyes, you fee, nothing but perplexity and diftrefs. You may determine to fupport the very miniftry who have reduced your affairs to this deplorable fituation: you may shelter yourfel under the form of a p and fet your people at defiance. Fut be alluren, fir, that fuch a refolution would be as imprudent as it would be odions. If it did not immediately thake your establishment, it would rob you of your peace of mind for ever. On the other, how different is the profpe&! How 636 Junius to a great Perfonage. How eafy, how fafe and honourable is the path before you! The E-nation declare they are grofsly injured by their reprefentatives, and folicit your m-- to exert your lawful prerogative, and give them an opportunity of recalling a truft, which, they find, has been fo fcandaloufly abused. You are not to be told that the power of the Hof 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 conftituent and the reprefentative body. By what authority fhall it be decided? Will your m-interfere in a queftion in which you have properly no immediate concern? It would be a ftep equally odious and unneceffary. Shall the L-ds be called upon to determine the rights and privileges of the c--ns? They cannot do it without a flagrant breach of the confitution. Or will you refer it to the judges? They have often told your ancestors, that the law of P is above them. What party then remains but to leave it to the people to determine for themfelves? They alone are injured; and fince there is no fuperior power to which the caufe can be referred, they alone ought to determine. I do not mean to perplex you with a tedious argument upon a fubject already fo difcuffed, that infpiration could hardly throw a new light upon it. There are, however, two points of view, in which it particularly imports your m― to confider the late p e proceedings of the H-ofBy depriving a fubject of his birthright, they have attributed to their own vote an authority equal to an act of the whole legislature; and, though perhaps not with the fame motives, have ftr &tly followed the example of the long parliament, which first declared the regal office ufelefs, and foon after, with as little ceremony, diffolved the Houfe of Lords. The fame pretended power which robs an E fubject of his birthright, may rob an E-k- of his cn. In another view, the refolution of the H of apparently not fo dangerous to your m--, is ftill more alarming to your people. Not contented with divefting one man of his right, they have arbitrarily conveyed that right to another. They have fet afide a return as illegal, without daring to cenfure thofe officers who were particularly apprifed of Mr. Wes's incapacity, not only by the declaration of the H--, but exprefly by the Writ directed to them, and who nevertheless returned him as duely elected. They have rejected the majority of votes, the only criterion by which our laws judge of the fenfe of the people; they have transferred the right of election from the collective to the reprefentative body; and by thefe acts, taken feparately or together, they have effentially altered the ori Deci ginal constitution of the H-of Verfed, as your mundoubtedly is, in the E History, it cannot easily escape you, how much it is your intereft, as well as your duty, to prevent one of the three eftates from encroaching upon the province of the other two, or affuming the authority, of them all. When once they have departed from the great conftitutional line, by which all their proceedings (hould be directed, wha will answer for their future moderation? Or what afsurance will they give you that, when they have trampled upon their equals, they will fubmit to a fuperior? Your m-- may learn hereafter, how nearly the flave and tyrant are allied. Some of your council, more candid than the reft, admit the abandoned profligacy of the prefent H-- of their diffolution upon an opinion, I confels but oppofe would be equally at the difpofal of the not very unwarrantable, that their fucceffors treafury. I cannot perfuade myself that the nation will have profited fo little by expe rience. founded, you might then gratify our witnes But if that opinion were well at an eafy rate, and appease the prefent claing any material injury to the favourite caufę mour against your government without offer. of corruption. You have ftill an honourable part to a&t. The affections of your fubjects may fill be recovered. bearts, you must gain a noble victory over But before you fubdue their your own. fentments which have too long directed your Difcard thofe little perfonal republic conduct. Pardon this man the remainder of his punishment, and if refenthave been long fince, an act, not of mercy, ment ftill prevails, make it, what it should his natural station,-a filent fenator, and but contempt. He will foon fall back into hardly fupporting the weekly eloquence of a would leave hir. on the furface, pegkited news-paper. The gentle breath of peace and unremoved. It is only the tempeft that lifts him from his place. Without confulting your miniffer, call together your whole council. Let it appear to the public that you can determine and aft Lay afide the wretched formalities of a k-, for yourself. Come forward to your people. man, and in the language of a gentleman. and speak to your fubjects with the spirit of a Tell them you have been fatally deceived. The acknowledgment will be no difgrace, Tell them you are determined to remove but rather an honour to your understanding. every caufe of complaint again your governto no man who does not poffefs the confidence ment; that you will give your confidence of your fubjects; and that you will leave it to themfelves to determine, by their conduct at a future election, whether or no it be in reality the general fenfe of the nation, that their 69. Junius to a great Perfonage. r rights have been arbitrarily invaded by and the conprefent Hof tion betrayed. They will do justice to ir reprefentatives and to themselves." Thefe fentiments, fir, and the ftyle they conveyed in, may be offenfive perhaps, aufe they are new to you. Accustomed the language of courtiers, you meafure eir affections by the vehemence of their preflions; and when they only praise you irectly, you admire their fincerity. But s is not a time to trifle with your fortune. ey deceive you, fir, who tell you that you ve many friends, whofe affections are anded upon a principle of personal athments. The first foundation of friendp is not in the power of conferring befits, but the equality with which they are ceived, and may be returned. The fortune ich made you a k- forbad you to have friend. It is a law of nature which cant be violated with impunity. Themiftaken who looks for friendship, will find 637 a favourite, and in that favourite the ruin of his affairs. The people of E are loyal to the Houfe of Hr, hot from a vain preference of one family to another, but from a conviction that the establishment of that family was neceffary to the Tupport of their civil and religious liberties. This, fir, is a principle of allegiance equally folid and rational, fit for E- n to adopt, and well worthy of your my's encouragement. We cannot long be deluded by nominal diftinctions. The name of Stuart, of itfelf, is only contemptible; armed with the fovereign authority, their principles were forn.idable. The p, who imitates their conduct, should be warned by their example; and while he plumes himfelf upon the fecurity of his title to the crown, fhould remember, that as it was acquired by one revolution, it may be loft by another. JUNIUS. An IMPARTIAL REVIEW of NEW PUBLICATIONS. ARTICLE I. THE Quftion flated, whether the Freeholders of Middlefex loft their Right by voting Mr. Wilkes at the last Election? In a Letfrom a Member of Parliament to one of his -nflituents. 1s. 6d. Richardion and Urbarc. An argument against a celebrated parliaentary decifion, faid to be the joint produc on of the two most popular law dignitaries this kingdom. "The night of voting in elections is a gal right; it is not given, and cannot be taen away by the occafional will of either oufe of parliament; for every elector is nder one or other of thefe qualifications; e is either a freeholder, or has a right by charter, or by prefcription. It is the law. hich has enabled the crown to grant charrs, and the law which maintains every ight granted by charter. The right of precription is by common law; for prefcripich is common ufage, and common ufage is ommon law. The chate of the freeholder screated and beld by the common law. And he right of voting being of the effence of he freehold, you may as well take away the reshold it elf, as the right of voting, which ccrues by virtue of that freehold. I admit that the exercife of this right is 1 many cafes reftrained both by common nd futute law. I admit likewife, that, whenever a franbife is exercifed against law, pro ifta vice, : is forfeited.. But it must be admitted likewife, that, nder this conftitution, no man can incur Dec, 1:6). fuch a forfeiture, without doing some act, that the law has marked and promulgated as illegal. Penal laws are not merely fcourges to infli& ftripes on the backs of criminals, but buoys to give warning against running foul on the commiffion of offence. The queftion therefore now is, by what Jaw was Mr. Wilkes rendered incapable, fo that the Freeholder of Middlefex, by acting in defiance of that law, should be disfranchifed, for having given him his vote? The difqualifications at common law are, aliens or minors; for the natural affection of an alien is bound to another country; his allegiance due to another fovereign; his priniples formed in favour of another conditu tion: betides, aliens are incapable of holding any eftates of freehold for their own benefit. A minor is not by law intrusted to manage his own, and therefore not allowed to manage the affairs of the nation. There must not be any of the twelve" judges, because they fit in the Lords Houfe ; nor of the clergy, for they fit in the convocation; nor perfons attainted of treaton or felony, for they are unfit to fit any where. Sheriffs of counties, and mayors and bailiffs of boroughs are not eligible in their refpe&ive jurifdictions, as being returning offi cers (or the law allows no man to be a judge in his own caufe) but fheriffs of one County are eligible to be knights of another. The d fabilities by ftatute law are: That no perfons concerned in the manage ment of duties or taxes created fince 1692, except the commiflioners of the treasury; nor any of the officers following, (viz, commiffi4 M oners 638 AN IMPARTIAL REVIEW oners of prizes, transports, fick and wounded, wine licences, navy and victualling; fecre taries or receivers of prizes; comptrollers of the army accompts; agents of regiments; governors of plantations and their deputies; officers of Minorca or Gibraltar; officers of the excife and cuftoms: derks or deputies in the feveral offices of the treasury, exchequer, navy, victualling, admiralty, pay of the army or navy, fecretary of ftate, falt, ftamps, appeals, wine licences, hackney coaches, hawkers, and pedlars) nor any perfons who hold any new office under the crown, erected fince 1705, are capable of being elected members. That no perfon having a penfion under the crown during pleasure, or for any term of years, is capa ble of being elected. The other difqualifica tions are the want of 6ool. a year for the knight of the shire, and 300l. a year for burghership. If then Mr. Wilkes is neither alien nor minor; judge nor parfon; nor was fheriff of Middlesex; nor has been convicted of treafon or felony; nor holds any office under the government whatsoever, He fill is eligible of common right. But it was argued that every man, though eligible of common right, might put himself out of the condition of that common right, and by his own behaviour forfeit his eligibility; and that Mr. Wilkes bad incurred this forfeiture. If this doctrine be true, there is a fund of deprivation, that is not to be found in any law books, but exists in the imagination, and to be produced by the invention (of fome great lawyer perhaps) on the spur of a parti cular occafion, to deprive an obnoxious man of his common right, and by parity of reafon, why not of his life? Sir Robert Walpole (January 17, 1712) was expelled for the crime I have just fated. His expulsion and the cause of it were no iffed in the Writ. The ministers fet up one Mr. Samuel Taylor to oppofe him. A great majority of the freemen of Lynn perafted in their former choice, but thofe who voted against him petitioned; and their petition alledged; 66 that Mr. Taylor was duly elected their burgefs;" But the mayor returned Sir Robert Walpole, though expelled the House and then a prifoner in the Tower," on which the Houfe came to thefe two refoSutions. 1. That Rob. Walpole, Efq; having been this teflion of parliament committed a prifoner to the tower of London, and expelled this Houfe for a high breach of truft in the execution of his office, and notorious corruption, when a fecetary at war, was and is incapable of being elected a member to ferve in this prefent parliament. d. That Samuel Taylor, Efq; is not duly Dec. elected a burgess to ferve in this prefent purliament for the said borough. If the incapacity of Mr. Walpole made the votes of thofe who polled for him illegal, Mr. Taylor then would have had a legal right to his feat in parliament; and the conduct of the Houfe, would have been fo prepoftrouby unjuft, as to declare in the first refolution Mr. Taylor to have the legal right, asü in the fecond deprive him of it. This precedent in truth affords bet ese conftruction, which is, that the House meant, to reprobate Mr. Taylor's pretenfions. The minifters would certainly have been glad to fupport him if they had been able; but the minifters of that day had not influence enough to eftablish a feat in parliament against a məjority of legal votes, on the bañs of an incapacity declared by a vote of the House of Commons only. Nor can there be a doubt, that the sheriff, had he returned Mr. Taylor without a majority of legal votes, would have acted in defiance of the refolution of the House, Mr. Taylor flood exactly on the fame ground as Mr. Luttrell, and the Hook refolved that he was not duly elected, But it was afferted by the great lawyen who led the debate, that the incapacity of Mr. Wilkes was of common law, and the logic ufed to prove the affertion was, that in all cafes of election, the Houfe of Commbes is by law the fole and fupreme court of judicature, from whence there lies no appeal, and is a court of record. It follows then, that this court, which has alone the power of deciding, muft alfo have the power of declaring the law; and that their declaration mut be binding upon the subject as long as it fará unaltered by the whole legislature, which only can controul its jurifdiction. It was Ekewife faid, that this power is no more this what is exercifed by the king's bench, and every other court. For that their judgements are laws, unless altered upon the opinions of the rest of the judges, or repealed by aft of parliament. Certain it is, that the Houfe of Commons is become the fole court of judicature in cafes of election. And for that very rea fon, the exercife of jurifdiction is a dis claimer of legillative authority in that in'ftance. For what is the very nature and first principle of judicature? Is it not that it fhall govern itself by the known rules of law? Does not the difference betwat judicial and legislative power confift in this, that the one makes, the other executes the law? Jus dicere is the province of the one; Jus dare the attribute of the other. 1 appeal to every man who has feen or has su idea of the practice of every court of law in the kingdom, whether they do not regulate themfelves by known and fixt rules? And in all cafes, where precedents in point of fact are wanting, whether they do not make |