was never fo neceffary as at present; and certainly you must have known that the lot could not have fallen upon a more guilty object. What fyftem of government is this? You are perpetually complaining of the riotous difpofition of the lower clafs of people, yet GEORGE R. WHEREAS a doubt had arisen in Our Royal breast concerning the evidence of the death of George Clarke, from the reprefentations of William Bromfield, Efq; Surgeon, and Solomon Starling, Apothecary; both of whom, as has been reprefented to Us, attended the deceased before his death, and expreffed their opinions that he did not die of the blow he received at Brentford: And whereas it appears to Us, that neither of the faid perfons were produced as witneffes upon the trial, though the faid Solomon Starling had been examined before the Coroner, and the only perfon called to prove that the death of the faid George Clarke was occafioned by the faid blow, was John Foot, Surgeon, who never faw the deceafed till after his death; We thought fit thereupon to refer the said representations, together with the report of the Recorder of Our city of London, of the evidence given by Richard and William Beale, and the faid John Foot, on the trial of Edward Quirk, otherwise called Edward Kirk, otherwife called Edward M'Quirk, for the Murder of the faid Clarke, to the mafter, wardens, and the rest of the court of examiners of the Surgeons company, commanding them likewife to take fuch further examination of the faid perfons so representing, and of faid John Foot, as they might think neceffary, together with the premiffes abovementioned, to form and report to Us their opinion, "Whether it did or did not appear to them, that the faid George Clarke died in confequence of the blow he received in the riot at Brentford on the 8th of December laft." And the faid court yet when the laws have given you the means of making an example, in every sense unexceptionable, and by far the most likely to awe the multitude, you pardon the offence, and are not afhamed to give the sanction of government to the riots you complain of, and even to future murders. You are partial of examiners of the Surgeons company having thereupon reported to Us their opinion, "That it did not appear to them "that he did; " We have thought proper to extend Our royal mercy to him the faid Edward Quirk, otherwise Edward Kirk, otherwife called Edward M'Quirk, and to grant him Our free pardon for the Murder of the said George Clarke, of which he has been found guilty: Our will and pleasure therefore is, That he the said Edward Quirk, otherwife called Edward Kirk, otherwife called Edward M'Quirk, be inferted, for the said Murder, in Our first and next general pardon that shall come out for the poor convicts of Newgate, without any condition whatsoever; and that in the mean time you take bail for his appearance, in order to plead Our faid pardon. And for fo doing this shall be your war rant. Given at our court at St. James's the 10th day of March, To Our trufty and well beloved James Eyre, Efq; Recorder of Our city of London, the Sheriffs of Our faid city and county of Middlefex, and all others whom it may concern. ROCHFORD. perhaps ་ perhaps to the military mode of execution, and had rather fee a score of these wretches butchered by the guards, than one of them fuffer death by regular courfe of law. How does it happen, my Lord, that, in your hands, even the mercy of the prerogative is cruelty and oppreffion to the subject? THE measure it seems was fo extraordinary, that you thought it neceffary to give fome reafons for it to the public. Let them be fairly examined. 1. You fay that Meffrs. Bromfield and Starling were not examined at Mac Quirk's trial. I will tell your Grace why they were not. They must have been examined upon oath ; and it was forefeen, that their evidence. would either not benefit, or might be prejudicial to the prifoner. Otherwife, is it conceivable that his counsel fhould neglect to call in fuch material evidence? You fay that Mr. Foot did not fee the deceafed until after his death. A furgeon, `my Lord, must know very little of his profeffion, if, upon examining a wound, or a contufion, he cannot determine whether it was mortal or not. -While the party is alive, fur geon will be cautious of pronouncing; whereas by the death of the patient, he is enabled to confider both caufe and effect in one view, and to speak with a certainty confirmed by experience. YET we are to thank your Grace for the eftablishment of a new tribunal. Your inquifitio poft mortem is unknown to the laws of England, and does honour to your invention. The only material objection to it is, that if Mr. Foot's evidence was fufficient, because he did not examine the wound till after the death of the party, much lefs can a negative opinion, given by gentlemen who never faw the body of Mr. Clarke, either before or after his decease, authorise you to superfede the verdict of a jury, and the sentence of the law. Now, my Lord, let me afk you, Has it never occurred to your Grace, while you were withdrawing this defperate wretch from that juftice which the laws had awarded, and which the whole people of England demanded against him, that there is another man, who is the favourite of his country, whofe whofe pardon would have been accepted with gratitude, whofe pardon would have healed. all our divifions? Have you quite forgotten that this man was once your Grace's friend? Or is it to murderers only that you will extend the mercy of the crown? THESE are questions you will not anfwer, Nor is it neceffary. The character of your private life, and the uniform tenour of your public conduct, is an answer to them all. JUNIUS. LETTER IX. TO HIS GRACE THE DUKE OF GRAFTON. MY LORD, 10. April, 1769. I HAVE fo good an opinion of your Grace's difcernment, that when the author of the vindication of your conduct affures us, that he writes from his own mere motion, without the leaft authority from your Grace, I should be ready enough to believe him, but for one fatal mark, which seems to be fixed upon every measure, in which either your perfonal or your political cha |