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Junius, to the Publisher.

of perfonal reputation, which every man fuftains, when his character and conduct are frequently held forth in odious or contemptible colours Thefe differences are only advantageous to the common enemy of the country. -The hearty friends of the caufe are provoked and difgufted. The lukewarm advocate avails himself of any pretence to relapse into that indolent indifference about every thing that ought to intereft an Englishman, fo unjustly dignified with the title of moderation. The falfe infidious partifan, who creates or foments the diforder, fees the fruit of his dishoneft induftry ripen beyond his hopes, and rejoices in the promife of a banquet, only delicious to fuch an appetite as his ownIt is time for thofe, who really mean the cause and the people, who have no view to private advantage, and who have virtue enough to prefer the general good of the community to the gratification of perfonal animofitiesit is time for fuch men to interpofe. Let us try whether these fatal diffentions may not yet be reconciled; or, if that be impracticable, let us guard at leaft against the worst effects of divifion, and endeavour to persuade these furious Partifans, if they will not confent to draw together, to be feparately ufeful to that caufe, which they all pretend to be attached to.-Honour and Honefty must not be renounced, although a thousand modes of right and wrong were to occupy the degrees of morality between Zeno and Epicurus. The fundamental principles of Chrifianity may ftill be preferved, though every zealous fectary adheres to his own exclufive doctrine, and pious Ecclefiaftics make it part of their religion to perfecute one another.The civil conftitution too, that legal Liberty, that general Creed, which every Englishman profefles, may ftill be fupported, tho' Wilkes, and Horne, and Townsend, and Sawbridge, thould obftinately refufe to communicate, and even if the fathers of the Church, if Savil, Richmond, Camden, Rockingham, and Chatham, thould difagree in the ceremonies of their political worship, and even in the interpretation of twenty texts in Magna Charta.— speak to

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the People, as one of the People. Let us employ thefe men in whatever departments their various abilities are beft fuited to, and as much to the advantage of the common cause, as their different inclinations will permit. They cannot ferve us, without effentially ferving themselves.

If Mr. Nafh be elected, he will hardly venture, after fo recent a mark of the perfonal esteem of his fellowcitizens, to declare himfelt 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 collifion with their virtue, perhaps he may take fire.

It is not neceffary to exact from Mr. Wilkes the virtues of a Stoic. They were inconfiftent with themselves, who, almost at the fame moment, reprefented him as the bafest of mankind, yet feemed to expect from him fuch inftances of fortitude and felf-denial, as would do honour to an Apoftle. It is not however flattery to lay, that he is obftinate, intrepid, and fertile in expedients.-That he has no poffible refource, but in the public favour, is in my judgment, a confiderable recommendation of him. I wish that every man, who pretended to popularity, were in the fame predicament. I wish that a retreat to St. James's was not fo eafy and open, as Patriots have found it. To Mr. Wilkes there is no access. The favour of his country constitues the fhield, which defends him against a thousand daggers.-Defertion would difarm him. However he may be mifled by paffion or imprudence, I think he cannot be guilty of a deliberate treachery to the public.

I can more readily admire the li beral fpirit of integrity, than the found judgment of any man, who prefers a Republican form of Government, in this, or any other empire of equal ex tent, to a Monarchy fo qualified and limited as ours. I am convinced that neither is it in theory the wifeft fyftem, of government, nor practicable in this country. Yet, though I hope the English Conftitution will for ever prelerve its original monarchical Form, I would have the manners of the people

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purely and fricily Republican.-I do not mean the licentious fpirit of anarchy and riot.-I mean a general attachment to the Commonweal, diftinct from any partial attachment to perfons or families;-an implicit fubmiffion to the laws only, and an affection to the Magiftrate, proportioned to the inte grity and wildom, with which, he ditributes juftice to his people, and adminifters their affairs. The prefent habit of our political body appears to me the very reverfe of what it ought to be. The Form of the conftitution leans rather more than enough to the popular branch; while, in effect, the manners of the people, (of those at leaft, who are likely to take a lead in the country,) incline too generally to a dependance on the Crown. The real friends of arbitrary power combine the facts, and are not inconfiftent with their principles, when they trenuously fupport the unwarrantable privileges affumed by the Houfe of Commons.In thefe circumftances, it were much to be cefired that we had many fuch men as Mr. Sawbridge to reprefent ns in Parliament. I speak from common report and opinion only, when I impute to him a fpeculative predilection in favour of a Republic.-In the perfonal conduct and manners of the man, I cannot be mistaken. He has fhewn himfelt poffeffed of that Republican firmnefs, which the times require, and by which an English gentleman may be as ufefully and as honourably ditinguifhed, as any Citizen of ancient Rome, of Athens, or Lacedæmon.

Mr. Townsend complains that the public gratitude has not been a fwerable to his deferts.-It is not difficult to trace the artifices, which have fug, gefted 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 loft 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 Miftrefs as a polite and paffionate lover ought to be. Perhaps he found her at first too easy a conqueft. Yet, I fancy, the will be

ready to receive him, whenever he thinks proper to renew his addresses to her. With all his youth, his fpirit, and his appearance, it would be indecent in the Lady to folicit his return. I have too much refpect for the abi lities of Mr. Horne, to flatter myself that thefe Gentlemen will ever be cor dially reunited. It is not, however, unreasonable to expect, that each of them fhould act his feparate part with honour and integrity to the public.As for differences of opinion upon speculative queftions, if we wait until they are reconciled, the action of human affairs must be fufpended for ever. But neither are we to look for perfection in any one man, nor for agreement among many.. -When Lord Chatham affirms, that the authority of the British Legiflature is not fupreme over the Colonies in the fame fenfe in which it is fupreme over Great Britain; when Lord Camden fupposes a neceflity, (which the King is to judge of) and, founded upon that neceffity, attributes to the Crown a legal power (not given by the act itself) to fufpend the operation of an act of the Legiflature;-I liften to them both with diffidence and refpect, but without the finalleft degree of conviction or affent. Yet, I doubt not, they delivered their real fentiments, and they ought not to be haitily condemned. I, too, have a claim to the candid interpretation of my country, when I acknowledge an involuntary, compulfive aflent to one very unpopular opinion.

lament the unhappy neceffity, whenever it arifes, of providing for the fafety of the State, by a temporary invafion of the perfonal Liberty of the subject. Would to God it were practicable to reconcile thefe important objects, in every poffible fituation of public affairs. I regard the legal Liberty of the meanest man in Britain, as much as my own, and would defend it with the fame zeal. I know we muit ftand or fall together. But I never can doubt that the community has a right to command, as well as to purchafe the fervice of its members. I fee that right founded originally upon a neceffity, which fuperfedes all agreemeat. I fee it eftablished by ufage immemorial,

Junius, to the Publisher:

immemorial, and admitted by more than a tacit affent of the Legislature. I conclude there is no remedy in the nature of things for the grievance complained of; for, if there were, it muft long fince have been redrefled. Though numberlefs opportunities have prefented themfelves, highly favourable to public Liberty, no fuccefsful attempt has ever been made for the re-, lief of the fubject 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 argue from any abufe in the execution to the illegality of the power; much lefs is a conclufion to be drawn from the navy to the land fervice. A feaman can never be employed but against the enemies of his country. The only cafe in which the King can have a right to arm his fubjects in general, is that of a foreign force being actually landed upon our coaft. Whenever that cafe 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 Legiflature. With regard to the prefs for feamen, it does not follow that the fymptoms may not be foftened; although the distemper cannot be cured, let bounties be increased as far as the public purfe can fupport them. Still they have a lim:t; and when every reafonable expence is incurred, it will be found, in fact, that the spur of the prefs 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 Houfe of Lords. That confideration staggered 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 deteftation. The cunning Scotchman never fpeaks truth without a fraudulent defign. In council, he generally affects to take a moderate part. befides his natural timi

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dity, it makes part of his political plan, never to be known to recommend violent meafures. When the guards are called forth to murder their fellowfubjects, it is not by the oftenfible advice of Lord Mansfield. That odiousoffice, his prudence tells him, is better left to fuch men as Gorver and Wey-, mouth, as Barrington and Grafion. Lord Hilborough wifely confines his firmness to the diftant Americans.The defigns of Mansfield are more fubtle, more effectual, and fecure. Who attacks the liberty of the prefs?

Lord Mansfield-Who invades the conftitutional power of juries?-Lord Mansfield-What judge ever challenged a Juryman, but Lord Mansfield? Who was that Judge, who, to fave the King's brother, affirmed that a man of the first rank and quality, who obtains a verdict in a fuit for Criminal Converfation, is intitled to no greater damages, than the meaneft mechanic ?-Lord Mansfield.Who is it makes. Commiflioners of the Great Seal?-Lord Mansfield.Who is it forms a decree for thofe commiffioners, deciding against Lord Chatham, and afterwards, (finding himself oppofed by the judges) declares in parliament, that he never had a doubt that the law was in direct oppofition to that decree?-Lord Mansfield.Who is he, that has made it the study and practice of his life to undermine and alter the whole fyftem of Jurifprudence in the Court of King's Bench-Lord Mansfield. There never exifted a man but himself, who anfwered exactly to fo complicated a defcription. Compared to thefe enormities, his original attachment to the Pretender, (to whom his dearest brother was confidential Secretary) is a virtue of the first magnitude. But the hour of impeachment will come, and neither he nor Grafton thall efcape me. Now let them make common caufe against England and the House of Hano

ver.

A Stuart and a Murray should fympathife with each other.

When I refer to fignal inftances of unpopular opinions delivered and maintained by men, who may well be fuppofed to have no view but the public good, I do not mean to renew the difcuffion of fuch opinions. I should be

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forry to revive the dormant questions of Stamp Act, Corn Bill, or Prefs Warrant. I mean only to illuftrate one ufeful propofition, which it is the intention of this paper to inculcate ;--That we should not generally reject the Friendship or fervices of any man, becaufe he differs from us in a particular opinion. This will not appear a fuperduous caution, if we obferve the ordinary conduct of mankind. In public affairs, there is the leaft chance of a perfect concurrence of fentiment or înclination. Yet every man is able to contribute fomething to the common Rock, and no man's contribution fhould be rejected. If individuals have no virtues, their vices may be of use to Us. I care not with what principle the new-born Patriot is animated, if the meafures he fupports are beneficial to the community. The nation is interested in his conduct. His motives are his own. The properties of a Patriot are perishable in the individual, but there is a quick fucceffion of fubjects, and the breed is worth preferving.The fpirit of the Americans may be a useful example to us. Our dogs and horfes are only English upon English ground. But Patriotifin, it feems, may be improved by tranfplanting.---I will not reject a bill which tends to confine parliamentary privilege within reafonable bounds, though it should be stolen from the Houfe of Cavendish, and introduced by Mr. Onflow. The features of the infant are a proof of the defcent, and vindicate the noble birth, from the bafenefs of the adoption.--I willingly accept of a farcafm from Colonel Barre, or a fimile from Mr. Bourke. Even the filent vote of Mr. Calcroft is worth reckoning in a divifion.---What though he riots in the plunder of the army, and has only determined to be a Patriot, when he could not be a Peer?--Let us profit by the affiftance of fuch men, while they are with us, and place them, if it be poffible, in the poft of dange, to prevent defertion. The

wary Wedderburne, the gentle Suffolk, never threw away the fcabbard, nor ever went upon a forlorn hope. They always treated the King's fervants as men with whom, fome time or other,

they might poffibly be in friendship.--When a nian, who stands forth for the Public, has gone that length, from which there is no practicable retreat, ---when he has given that kind of perfonal offence which a pious monarch never pardons,---I then begin to think him in earneft, and that he never will have occafion to folicit the forgiveness of his country.---But inftances of a determination fo entire and unreferved are rarely met with. Let us take mankind, as they are. Let us distribute the virtues and abilities of individuals according to the offices they affect; and when they quit the fervice, let us endeavour to fupply their places with better men than we have loft. In this country, there are always candidates enough for popular favour. The Temple of Fame is the fhortest passage to riches and preferment.

Above all things, let me guard my countrymen against the meannefs and folly of accepting of a trifling or moderate compenfation for extraordinary and eflential injuries. Our enemies treat us as the cunning trader does the unskilful Indian. They magnify their own generofity, when they give us bawbles of little proportionate value, for ivory and gold. The fame House of Commons, who robbed the conftituent body of their right of free election, who prefumed to make a law under pretence of declaring it, who paid our good king's debts, without once enquiring how they were incurred, who gave thanks for repeated murders committed at home, and for national infamy incurred abroad, who fcreened Lord Mansfield, who imprisoned the magiftra es of the metropolis for assert❤ ing the fubject's right to the protec tion of the laws, who erased a judicial record, and ordered all proceedings in a criminal fuit to be fufpended ;this very Houfe of Commons have graciously confented that their own members may be compelled to pay their debts, and that contefted elections fhall for the future be determined with fome decent regard to the merits of the cafe. The event of the fuit is of no confequence to the Crown. While parliaments are feptennial, the purchafe of the fitting member or of the

petitioner

· Inftance of Judicial Sagacity.

petitioner makes but the difference of a day. Conceffions, fuch as thefe, are of little moment to the fum of things; unless it be to prove, that the worlt of men are fenfible of the injuries they have done us, and perhaps to demonftrate to us the imminent dan

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ger of our fituation. In the shipwreck of the itate, trifles float and are preferved; while every thing folid and valuable finks to the bottom, and is loft for ever.

JUNIUS.

To the EDITOR of the OXFORD MAGAZINE. SIR,

I AM one of a very few, who have ftill fome compaffion, though no refpect or esteem for poor Lord M-——d. I confider his partiality to foreign minifters, and to the law of nations, rather as a ridiculous weakness than a vice in his character. It is the man's foible, his hobby horfe. I have feen him folicit a Charge des Affaires to fit down by him on the Bench, and coax and carefs him as much as he could the Prince he reprefented. Then, instead of expounding the laws of England to the Jury, away he rambled into the rights of Ambafadors and the law of nations, turning every minute to explain himself in broken French to his diplomatic friend, who knew nothing of the matter. All this is mere vanity, and the hope of being talked of abroad as a fecond Juftinian.

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Charge des Affaires! admire him or
he dies."

The following note will illuftrate my meaning. It was taken in Court, and may be fafely relied on.

SCEVOL A.

IN November 1768, a woman having appeared before two of his Majetty's Juftices of Peace, to swear a child against Monfieur Secrc

tary to Count Bruhl, the Saxon miniller; the Count interfered, and the Juftices were afraid to proceed. The woman applied to Sir Fletcher Norton, who advised that a motion fhould be made in the Court of King's Bench for a peremptory mandamus to the Juftices to proceed in that filiation. The motion was accordingly made by Mr. Md. The Lord Chief Juftice Mansfield received it with marks of anger and furprife; faid he did not understand what was meant by fucn VOL. VII.

collufive motions, unless it was to draw from that Court an opinion upon the privileges of foreign minifters, which they had no right to meddle with; that the motion was abfolutely improper; that he wondered who advifed it, and that he certainly should not grant the mandamus. Sir Fletcher Norton then got up, and faid that the party was his client; that his Majesty's fubjects, when injured, had a right to redrefs fomewhere or other; and that he knew of no place where fuch redress could be legally applied for or obtained, but in the Court of King's-bench; that therefore he had adv.fed the motion.

Lord Md, upon this, began to flourih, in his utual tile, upon the facred privileges of Ambaffadors, the law of nations, &c. &c. repeated fomething about collufive motions, and took notice that the application for redrefs ought regularly to have been made to Count Bruhl, or to his Majefty's Attorney General. As foon as he had concluded, Mr. Julice Afton faid deliberately, that he agreed entirely with the Lord Chief Justice, and that the motion ought not to be granted. Sir Fletcher Norton then fail, that, after he had declared himff the advifer of the motion, he did not expect to have heard it again called collufive; that he despised and abhorred all ideas of collufo as much as any man in that Court; that it was the fift time, and he hoped it would be the aft, that he fhould hear the Court of King's bench refer an injured fubj-&t of England to a foreign minifter, or to an Attorney General for rede's; that the laws of the country had not left his Majesty's fubjc&s, complain

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