be done, for securing the possession of those valuable acquisitions, you will, I doubt not, proceed to provide for, with all convenient dispatch, at your next meeting. "The measures which I have taken re garding the late unhappy disturbances in what impartial estimator of political characters would form his judgment from accusations that were substantiated by no proof, and totally inconsistent with probability? The illustrious Mansfield he described as a most corrupt and unjust judge, as a mean time-serving and unprincipled courtier, and as a Jacobite, inimical to the King and government which he professed to support. What weight would an impartial investigator of merit allow to such calumnious allegations, not only unsupported by any proof, but disproved by the whole tenor and course of the life and conduct of their object. Aware, that in the misapprehension of party rage, the slander of dignity and merit was one road to popularity, Junius insulted a much more exalted character, and completed his calumny by charges which were equally false and seditious. History, after taking a retrospective view of Grecian and Roman demagogues, will scarcely be able to present such an instance of invective, ingenious and inflammatory; scurrility, nervous and elegant; plausible sophistry, impressive declamation, poignant and sarcastic malice, as in the English orator of the Iron Mask. These anonymous effusions were not prized only by such critics as composed Mr. Wilkes's election mobs, but by readers of real abilities and learning, who, hostile to go. vernment, and approving the spirit which they breathed, did not rigorously scrutinize the arguments; men of taste, charmed with the beauties of the composition, overlooked the reasoning and tendency; and never was a political work more universally perused than the Letters of Junius. "Ministers, aware of the prevailing discontents, endeavoured to procure addresses which might counteract the popular spirit, but were in England by no means successful. Essex, Kent, Surry, and Salop, were the only counties; the universities of Oxford and Cambridge, the cities of Bristol and Coventry, and the town of Liverpool, the only corporations of note that expressed the sentiments desired by government. From Scotland, however, the addresses were more numerous and agreeable to ministry. Petitions, on the contrary, were presented from many counties, cities, and corporations, and these were of two very different classes: one set, though explicit, was temperate; and, though forcible, decorous: of this species, the best written and most distinguished were from Buckinghamshire and Yorkshire, supposed to have been respectively framed by Mr. Burke and sir George Saville. These confined themselves to the rights of election, which they asserted to be violated; and, either indirectly or expressly, prayed for a dissolution North America, have been already laid before you. They have received your approbation; and you have assured me of your firm support in the prosecution of them. Nothing, in my opinion, could be more likely to enable the well disposed of parliament. The other class, though nominally petitions, were false and indecent remonstrances; of these, the most noted and prominent were from Middlesex and the city of London. They professed to review the whole series of acts during his present Majesty's reign. According to their account, the King had been uniformly directed by profligate counsellors, who had infused into the royal mind sentiments and counsels of the most dangerous tendency to the liberties and happiness of his subjects; from those pernicious counsels, according to their assertion and enumeration, had proceeded the corruption of all the orders, and violation of the most sacred rights of Englishmen ; and the reign of the King was a tissue of unjust, tyrannical, and cruel acts, flowing from the legislative, executive, and judicative estates: after this statement, they proceeded to pray, that he would banish from his royal favour, trust, and confidence, his evil and pernicious counsellors. Though the tenor and language of the Middlesex and London petitions were essentially the same, the latter was rendered more notorious, by the perseverance of unfounded expostulation with which its promoters obtruded their abusive charges upon their sovereign. False as many of the allegations were, yet, coming from the most opulent body in the kingdom, they had very great influence in spreading the discontents, and the dissatisfaction bad risen to an extraordinary height before the meeting of the legislature.' Bisset. " "The ferment raised in the nation by the late decision of the House of Commons seemed in the mean time daily to increase in violence. A very bold Petition was presented to the King by the freeholders of the county of Middlesex, in which they enlarged on the uniform tendency of the measures of the present reign to destroy that harmony which ought to subsist between the prince and the people; and they concluded a long catalogue of grievances and apprehensions, by declaring, that the right of election had been wrested from them by the unprecedented seating of a candidate who was never chosen by the county; who, even to become a candidate, was obliged fraudulently to vacate his seat in parliament. 'Deign then,' say they, most gracious sovereign, to listen to the prayer of the most faithful of your subjects, and to banish from your royal favor, trust, and confidence, for ever, those evil counsellors who have endeavoured to alienate your Majesty's affections from your most sincere and dutiful subjects, and who have traitorously dared to depart from the spirit and letter of those laws, which have secured the crown of these realms to the House of Brunswick,' among my subjects, in that part of the world, effectually to discourage and defeat the designs of the factious and seditious, than the hearty concurrence of every branch of the legislature in the resolution of maintaining the execution of the laws in every part of my dominions. And there is nothing I more ardently wish for, than to see it produce that good effect. "With respect to foreign affairs, my own determination, as well as the assurances given me by the other powers of "The city of London presented a Petition to family to another, but' from a conviction that the same purport. But the city of West- the establishment of that family was necessary minster, sensible, as they professed, that deci to the support of their civil and religious libersive measures are the best policy, petitioned ex- ties. This, Sir, is a principle of allegiance pressly for an immediate dissolution of parlia- equally solid and rational, fit for Englishmen ment. The county of York, and fourteen to adopt, and well worthy of your Majesty's other principal counties, with many opulent encouragement. We cannot long be deluded cities and towns, followed this example; but it by nominal distinctions-the name of Stuart of is not to be imagined that they could flatter itself is only contemptible; armed with the themselves with any serious expectation of sovereign authority, their principles are formisuccess. A few counter addresses were, with dable-the prince who imitates their conduct great difficulty, procured by the court, and one should be warned by their example, and, while in particular from a respectable, though in he plumes himself upon the security of his title number an inconsiderable proportion of mer-to the throne, should remember, that, as it was chants of London, who, in their procession to acquired by one revolution, it may be lost by St. James's, were grossly insulted by the popu- another.' lace. The tumult alarmingly increasing as they approached the palace, the Riot Act was read at the palace-gate; and lord Talbot, lord steward, attempting to interpose, had his staff of office broken in his hand. Several persons were after a daring resistance taken into custody by the military, but the indictments subsequently preferred against them at Westminster Hall were all thrown out by the grand jury. "Amidst the innumerable multitude of political publications, in which the conduct of the present administration was arraigned in the bitterest terms of severity, the national attention was particularly attracted by a series of letters appearing under the signature of Junius, and written in a style so masterly as to be generally deemed, in point of composition, equal to any literary productions in the English language. They consisted, however, of little else than splendid declamation and poignant invective, and discovered a cool and deliberate malignity of disposition, which, now the passions and follies of the day have vanished, and given place to other passions and other follies, must excite disgust at least proportionate to our admiration. Of these celebrated letters, by far the most memorable is that addressed to the King, in which the writer, with equal elegance and energy of diction, exhibits to the view of his sovereign a most striking and faithful picture of his administration. Whichever way,' says this anonymous and invisible speaker, at the conclusion of his epistle, you turn your eyes, you see nothing but perplexity and distress. You have still an honourable part to act-Discard those little personal resentments which have too long directed your public conduct come forward to your people-lay aside the wretched formalities of a king-tell them you have been fatally deceived. This is not a time to trifle with your fortune-the people of England are loyal to the House of Hanover, not from a vain preference of one "On the appearance of this letter, the Attorney General had orders immediately to file a bill ex officio in the court of King's-bench, against the publisher Woodfall, for uttering a false and seditious libel. Lord Mansfield, who presided on the trial, in summing up the evidence, informed the jury, that the fact of publication was all that came under their cognizance-the question of libel or no libel being a mere question of law, to be decided by the Court. This distinction most unquestionably was not authorized by the antient practice of the Courts, though in modern times it had gradually advanced itself into an established principle of jurisprudence. But it is evident that, if this doctrine be admitted, the proper use of juries is wholly superseded; and the judge is made, what the constitution never intended him to be--the arbiter of the fate of his fellowsubjects. In reality, it might as plausibly be asserted, that, in the cases of murder or robbery, the mere fact of deprivation of life, or seizure of property, should be found by the jury, and the judge be left to pronounce upon the criminality or innocence of the action, as that the question of law and fact should be separated in the matter of libel. Lord Mansfield himself was compelled in the present instance to admit the power of the jury to include both in a general verdict, though he affirmed the exercise of this power to be incompatible with their duty and their oath. That the determination of any mere question of law, arising out of the circumstances or facts given in evidence, properly and solely appertains to the Court, has never been disputed; and indeed such mere question of law is never submitted to the jury: but it is on the other hand equally clear to common sense, that when the charge or criminal allegation, compounded as it must necessarily be of law and fact, is referred to the jury, they betray the trust reposed in them, if, when the law is sufficiently appa Europe, continue the same as I commu- only security which my people can have nicated to you at the beginning of this for the undisturbed enjoyment of their session: and, however unsuccessful my at-rights and liberties. From your endeatempts have proved for preventing the unfortunate rupture which has happened between Russia and the Porte, I shall not fail to use my good offices towards restoring peace between those powers; and I trust that the calamities of war will not extend to any other part of Europe. "Gentlemen of the House of Commons; "My particular thanks are due to you, as well for the Supplies which you have granted me for the services of the current year, as for the provision which you have made for enabling me to discharge the debt incurred upon account of my civil government. Your readiness in relieving me from the difficulties increasing upon me from the continuance of that debt, I shall ever consider as an additional motive for me to endeavour to confine the expences of my civil government within such bounds as the honour of my crown can possibly admit of. "My Lords and Gentlemen; "It gives me great concern to be obliged to recommend to you, with more than ordinary earnestness, that you would all, in your several countries, exert your utmost efforts for the maintenance of public peace, and of good order among my people. You must be sensible that whatever obstructs, in any degree, the regular execution of the laws, or weakens the authority of the magistrate, must lessen the rent, they relinquish their grand constitutional privilege of deciding on the guilt or innocence of the person accused. In cases of peculiar difficulty, the jury are indeed with great propriety permitted to return a special verdict, in which the facts only are found, and it is left to the Court to apply the law in conformity to such specific statement: and surely it may be allowed by those who are most deeply versed in the mysteries of the law, that a jury, however incapable in certain cases to determine, i. e. to understand the law with the best assistance of the pleaders and of the Court, are at least competent to judge whether they do understand it or not. After long deliberation, the jury impannelled in the present cause returned their verdict," Guilty of printing and publishing only;" thus virtually negativing the seditions meaning and intention, which being of the essence of the charge, though according to the new doctrine a question of pure law, the verdict amounted to an absolute acquittal, and the defendant Woodfall was discharged amidst the universal and unbounded acclamations of the people." Belsham. [VOL. XVI.] vours in this common cause, I promise myself the most salutary effect. On my part, no countenance or support shall be wanting: for as I have ever made, and ever shall make, our excellent constitution the rule of my own conduct; so shall I always consider it as equally my duty to exert every power with which that constitution has entrusted me, for preserving it safe from violations of every kind; being fully convinced, that in so doing, I shall most effectually provide for the true interest and happiness of my people." The Parliament was then prorogued to the 14th of June; and was afterwards further prorogued to the 9th of January 1770. THIRD SESSION OF THE THIRTEENTH PARLIAMENT OF GREAT BRITAIN. 1770. The King's Speech on Opening the Sesto the House of Peers and opened the sion.] Jan. 9, 1770. The King went Session with the following Speech to both Houses: "My Lords and Gentlemen; "It is with much concern that I find myself obliged to open the session of parliament, with acquainting you, that the distemper among the Horned Cattle has lately broke out in this kingdom, notwithstanding every precaution that could be used for preventing the infection from foreign parts: upon the first notice of its actual appearance, my next attention was to endeavour to stop, if possible, its further progress; and as the success of those endeavours must, in all probability, have been entirely defeated by any the least degree of delay in the application of them, I thought it absolutely necessary, with the advice of my privy council, to give immediate directions for every step to be taken, that appeared most capable of checking the instant danger of the spreading of the infection, until I could have an opportu"nity of consulting my parliament upon some more permanent measures for secur [T] ing us against so great a calamity; and to your immediate and serious consideration, I earnestly recommend this very important object. "I have given my parliament repeated assurances, that it has always been my fixed purpose to preserve the general tranquillity, maintaining, at the same time, the dignity and honour of my crown, together with the just rights and interests of my people; the uncommon burthens which my subjects have borne so cheerfully, in order to bring the late war to a happy conclusion, must be an additional motive to make me vigilant to prevent the present disturbances in Europe from extending to any part where the security, honour, or interest, of this nation may make it necessary for my crown to become a party: the assurances which I receive from the other great powers, afford me reason to believe, that my endeavours will continue to be successful. I shall still make the general interests of Europe the object of my attention, and while I steadily support my own rights, I shall be equally careful not to acknowledge the claims of any other powers, contrary to the limitations of the late treaties of peace. "It is needless for me to recommend to the serious attention of my parliament the state of my government in America: I have endeavoured, on my part, by every means, to bring back my subjects there to their duty, and to a due sense of lawful authority. It gives me much concern to inform you, that the success of my endeavours has not answered my expectations; and that, in some of my colonies, many persons have embarked in measures highly unwarrantable, and calculated to destroy the commercial connection between them and the mother country. "Gentlemen of the House of Commons; "I have ordered the proper Estimates for the service of the current year to be laid before you. I am persuaded that your affection for my person and government, and your zeal for the public good, will induce you to grant such supplies as are necessary; and you may be assured that, on my part, they shall be managed with the strictest œconomy. "My Lords and Gentlemen; "As the welfare and prosperity of my people have always been the object of my wishes and the rule of my actions, so I am persuaded, from my experience of your conduct, that you will be governed in your proceedings by the same principles: my ready concurrence and support, in every measure that may serve to promote those ends, you may always depend upon. On you it will be now more than ever incumbent, most carefully to avoid all heats and animosities amongst yourselves, and to cultivate that spirit of harmony which becomes those who have but one common object in their view, and which may be most likely to give authority and efficacy to the result of your deliberations; such a conduct on your part will, above all things, contribute to maintain, in their proper lustre, the strength, the reputation, and the prosperity, of this country; to strengthen the attachment of my subjects to that ex cellent constitution of government from which they derive such distinguished advantages; and to cause the firm reliance and confidence which I have in the wisdom of my parliament, as well as in their zeal for the true interest of my people, to be justified and approved, both at home and abroad *." Debate in the Lords on the Address of Thanks.+] His Majesty having retired, * This Speech was unsparingly ridiculed in public the prints, and the session was nicknamed the Horned Cattle Session. + The following is from the Gentleman's Magazine for January 1770. A short Sketch of the Debate in the House of Lords, January 9, 1770. The Speech was moved for by the duke of Ancaster, and seconded by lord Dunmore, a Scottish peer. Lord Chatham was the next of consequence who spoke: he condemned in the strongest and most emphatic terms, the incapacitating vote of the House of Commons, by which they had rejected Mr. Wilkes, and seated Mr. Luttrell in his place, in direct violation of the laws of the land, and to the utter subversion of our free constitution. He was followed by Lord Chancellor Camden, who declared that he had accepted the seals at first without any conditions; that he meant not, therefore, to be trammelled by his Majesty, I beg pardon, said he, by his ministers: that he had suffered himself to be so too long; that, for some time, he had beheld, with silent indignation, the arbitrary measures which were pursuing by the ministry; that he had often drooped and hung his looks, those steps, which he knew his down his head in council, and disapproved, by avowed opposition could not prevent; that, however, he would do so no longer, but would openly and boldly speak his sentiments. That, as to the incapacitating vote, he was of the same opinion with the noble lord, who spoke The Duke of Ancaster moved, "That an humble Address be presented to his Majesty, to return his Majesty the thanks of this House, for his most gracious Speech from the throne. "To assure his Majesty, that it is with the greatest concern we have understood that the distemper among the Horned Cattle has lately broke out in this kingdom; to express our gratitude for his Majesty's paternal care and attention to the welfare of his people in the steps which it has pleased his Majesty to take, by and with the advice of his privy council, to check the instant danger of the spreading of the distemper upon the first notice of its appearance; and to assure his Majesty, that we will inmediately enter into the before him; that he considered it as a direct attack upon the first principles of the constitution; and that if, in giving his decision as a judge, he was to pay any regard to that vote, or any other vote of the House of Commons, in opposition to the known and established laws of the land, he should look upon himself as a traitor to his trust, and an enemy to his country; that the ministry, by their violent and tyrannical conduct, had alienated the minds of the people from his Majesty's government, he had almost said, from his Majesty's person; that in consequence, a spirit of discontent had spread itself into every corner of the kingdom, and was every day encreasing; and that if some methods were not devised to appease the clamours that so universally prevailed, he did not know but the people, in despair, might turn their own avengers, and take the redress of their grievances into their own hands. In a word, be accused the ministry, if not in express terms, yet by direct implication, of having formed a conspiracy against the liberties of their country. Lord Mansfield was the next that spoke, and he began in such a manner, that many people imagined he was going to make the same declaration as the Chancellor. He owned, indeed, that as to his character as a judge, he was perfectly of the same opinion, and that if, in giving his decision in any court of justice, he was to have an eye to the incapacitating vote of the Commons, be should look upon himself as the greatest of tyrants, and the greatest of traitors; that, nevertheless, with regard to this vote in another view, he would say nothing; that he had often been asked his opinion of it, in public and in private, by friends and by strangers, within doors and without; that he had never given his opinion, that he would not now give it, and he did not know but he might carry it to the grave with him; that if the Commons had passed an unjustifiable vote, it was a matter between God and their own consciences, and nobody else, had most serious consideration of this very important object, and will exert our utmost endeavours in taking such effectual measures as may secure us against so great a calamity. "To return our thanks to his Majesty for the repeated assurances his Majesty has been pleased to give us of his fixed purpose to preserve the peace, maintaining, at the same time, the dignity of his crown, and the interests of his people. "To express our dutiful sense of his Majesty's provident attention to prevent the necessity of involving his subjects in fresh difficulties, after the great burthens to which they so cheerfully submitted, in order to bring the late war to a happy conclusion; and our satisfaction to find that the assurances given to his Majesty any thing to do with it; and that at all events, for their lordships to take notice of this vote in their Address to his Majesty, was to carry up to the throne a railing accusation against the Commons, which, perhaps, might excite a flame between the two Houses, that might not be so easily allayed; and that he therefore disapproved of the proposed amendment. Upon this, as an Lord Chatham rose up a second time, and observed, that it plainly appeared from what the noble lord had said, that he concurred in sentiment with the opposition; for had be concurred with the ministry, he would, no doubt, have avowed his opinion; that it now behoved him equally to avow it in favour of the people; that he ought to do so honest man, as an independent man, as a man of courage and resolution; that to say, that if the Commons had passed an unjustifiable vote, it was a matter between God and their own consciences, and nobody else had any thing to do with it, was such a strange assertion as he had never heard, and involved a doctrine subversive of the constitution. What! if the Commons should pass a vote abolishing this House, abolishing their own House, and surrendering to the crown all the rights and liberties of the people, would it only be a matter between God and their own consciences, and would nobody else have any thing to do with it? You would have to do with it-I should have to do with it-every man in the kingdom would have to do with it-and every man in the kingdom would have a right to insist upon the repeal of such a treasonable vote, and to bring the authors of it to condign punishment. I therefore again call upon the noble lord to declare his opinion, unless he will lie under the imputation of being conscious to himself of the illegality of the vote, and yet being restrained, by some unworthy motive, from avowing it to the world. Lord Mansfield replied not. |