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LETTERS OF JUNIUS.

DEDICATION TO THE

ENGLISH NATION.

I dedicate to you a collection of letters, written by one of yourselves, for the common benefit of us all. They would never have grown to this size without your continued encouragement and applause. To me they originally owe nothing but a healthy, sanguine constitution. Under your care they have thriven: to you they are indebted for whatsoever strength or beauty they possess. When kings and ministers are forgotten, when the force and direction of personal satire is no longer understood, and when measures are only felt in their remotest consequences; this book will, I believe, be found to contain principles worthy to be transmitted to posterity. When you leave the unimpaired hereditary freehold to your children, you do but half your duty. Both liberty and property are precarious, unless the possessors have sense and spirit enough to defend them. This is not the language of vanity. If I am a vain man, my gratification lies within a narrow circle. I am the sole depository of my own secret, and it shall perish with me. If an honest, and, I may truly affirm, a laborious zeal for the public service, has given me any weight in your esteem, let me exhort and conjure you, never to suffer an invasion of your political constitution, however minute the instance may appear, to pass by, without a determined persevering resistance. One precedent creates another. They soon accumulate, and constitute law. What yesterday was fact, to-day is doctrine. Examples are supposed to justify the most dangerous measures; and where they do not suit exactly, the defect is supplied by analogy. Be assured, that the laws, which protect us in our civil rights, grow out of the constitution, and they must fall or flourish with it. This is not the cause of faction, or of party, or of any individual, but the common interest of every man in Britain. Although the king should continue to support his present system of Government, the period is not very distant at which you will have the means of redress in your own power; it may be nearer, perhaps, than any of us expect; and I would warn you to be prepared for it. The king may possibly be advised to dissolve the present parliament a year or two before it expires of course, and precipitate a new election, in hopes of taking the nation by surprise. If such a measure be in agitation. this very caution may defeat or prevent it.

I can not doubt that you will unanimously assert the freedom of election, and vindicate your exclusive right to choose your representatives. But other questions have been started, on which your determination should be equally clear and unanimous. Let it be impressed upon your minds, let it be instilled into your children, that the liberty of the press is the palladium of all the civil, political, and religious rights of an Englishman; and that the right of juries to return a general verdict, in all cases whatsoever, is an essential part of our constitution, not to be controlled or limited by the judges, nor in any shape questionable by the legislature. The power of king, lords, and commons, is not an arbitrary power:* they are the trustees, not the owners, of the estate. The fee-simple is in us: they cannot alienate, they cannot waste. When we say that the legislature is supreme, we mean, that it is the highest power known to the constitution; that it is the highest, in comparison with the other subordinate powers, established by the laws. In this sense, the word supreme is relative, not absolute. The power of the legislature is limited, not only by the general rules or natural justice, and the wel fare of the community, but by the forms and principles of our particular constitution. If this doctrine be not true, we must admit that kings, lords, and commons, have no rule to direct their resolutions, but merely their own will and pleasure: they might unite the legislative and executive power in the same hands, and dissolve the constitution by an act of parliament. But I am persuaded you will not leave it to the choice of seven hundred persons, notoriously corrupted by the crown, whether seven millions of their equals shall be free men

or slaves. The certainty of forfeiting their own rights, when they sacrifice those of the nation, is no check to a brutal, degenerate mind. Without insisting upon the extravagant concession made to Harry the Eighth, there are instances, in the history of other countries, of a formal, deliberate surrender of the public liberty into the hands of the sovereign. If England does not share the same fate, it is because we have better resources than in the virtue of either house of parliament.

I said, that the liberty of the press is the palladium of your rights, and that the right of the juries to return & general verdict, is part of your constitution. To preserve the whole system, you must correct your legíslature. With regard to any influence of the constituent over the conduct of the representative, there is little difference between a scat in parliament for seven years and a seat for life. The prospect of your resentment is too remote; and, although the last session of a septennial parliament be usually employed in courting the favor of the people; consider, that at this rate, your representatives have six years for offense, and but one for atonement. A death-bed repentance seldom reaches to restitution. If you reflect, that in the changes of administration which have marked and disgraced the present reign, although your warmest patriots have, in their turn, been invested with the lawful and unlawful authority of the crown, and though other reliefs or improvements have been held forth to the people, yet that no one man in office has ever promoted or encouraged a bill for shortening the duration of parliaments, but that (whoever was minister) the opposition to this measure, ever since the septennial act passed, has been constant and uniform on the part of government-you cannot but conclude, without the possibility of a doubt, that long parliaments are the foundation of the undue influence of the crown. This influence answers every purpose of arbitrary power to the crown, with an expense and oppression to the people, which would be unnecessary in an arbitrary government. The best of oureministers find it the easiest and most compendious mode of conducting the king's affairs; and all ministers have a general interest in adhering to a system, which, of itself, is sufficient to support them in office, without any assistance from personal virtue, popularity, labor, abilities, or experience. It promises every gratification to avarice and ambition, and secures impunity. These are truths unquestionable; if they make no impression, it is because they are too vulgar and notorious. But the inattention or indifference of the nation has continued too long. You are roused at last to a sense of your danger: the remedy will soon be in your power. If Junius lives, you shall often be reminded of it. If, when the opportunity presents itself, you neglect to do your duty to yourselves and to posterity, to God and to your country, I shall have one consolation left, in common with the meanest and basest of mankind: Civil liberty may still last the life of JUNIUS.

* The positive denial of an arbitrary power being vested in the legislature, is not, in fact, a new doctrine. When the carl of Lindsay, in the year 1675, brought in a bill into the house of lords," To prevent the dangers which might arise from persons disaffected to government," by which an oath and penalty was to be imposed upon the members of both houses; it was affirmed, in a protest, signed by twenty-three lay peers, (my lords the bishops were not accustomed to protest,) That the privilege of sitting and voting in parliament was an honor they had by birth, and a right so inherent in them, and inseparable from them, that nothing could take it away, but what, by the law of the land, must withal take away their lives, and corrupt their blood." These noble peers, whose names are a reproach to their posterity, have, in this instance, solemnly denied the power of parliament to alter the constitution. Under a particular proposition, they have asserted a general truth, in which every man in England is concerned.

PREFACE.

The encouragement given to a multitude of spurious, mangled publications of the "Letters of Junius," persuades me, that a complete edition, corrected and improved by the author, will be favorably received. The printer will readily acquit me of any view to my own profit. I undertake this troublesome task merely to serve a man who has deserved well of me and of the public; and who, on my account, has been exposed to an expensive, tyrannical prosecution. For these reasons, I give to Mr. Henry Sampson Woodfall, and to him alone, my right, interest, and property, in these letters, as fully and completely, to all intents and purposes, as an author can possibly convey his property in his own works to another. This edition contains all the letters of Junius, Philo Junius, and of Sir William Draper and Mr. Horne to Junius, with their respective dates, and according to the order in which they appeared in the Public Advertiser The auxiliary part of Philo Junius was indispensably necessary to defend or explain particular passages in Junius, in answer to plausible objections; but the subordinate character is never guilty of the indecorum of praising his principal. The fraud was innocent, and I always intended to explain it The notes will be found not only useful but necessary References to facts not generally known or allusions to the current report or opinion of the day, are, in a little time, unintelligible: yet the reader will not find himself overloaded with explanations: I was not born to be a commentator, even upon my own works It remains to say a few words upon the liberty of the press. The daring spirit by which these letters are supposed to be distinguished, seems to require that something serious should be said in their defense. I am no lawyer by profession, nor do I pretend to be more deeply read than every English gentleman should be, in the laws of his country. If, therefore, the principles I maintain are truly constitutional, I shall not think myself answered, though I should be convicted of a mistake in terms, or misapplying the language of the law. I speak to the plain understanding of the people, and appeal to their honest, liberal construction of me.

Good men, to whom alone I address myself, appear to me to consult their piety as little as their judgment and experience, when they admit the great and essential advantages accruing to society from the freedom of the press, yet indulge themselves in peevish or passionate exclamations against the abuses of it Betraying an unreasonable expectation of benefits, pure and entire from any human institution, they, in effect, arraign the goodness of Providence, and confess that they are dissatisfied with the common lot of humanity. In the present instance, they really create to their own minds, or greatly exaggerate the evil they complain of The laws of England provide as effectually as any human laws can do for the protection of the subject, in his reputation, as well as in his person and property. If the characters of private men are insulted or injured, a double remedy is opened to them by action and indictment: if, through indolence, false shame, or indifference, they will not appeal to the laws of their country, they fail in their duty to society, and are unjust to themselves: if, from an unwarrantable distrust of the integrity of juries, they would wish to obtain justice by any mode of proceeding more summary than a trial by their peers, I do not scruple to affirm, that they are in effect, greater enemies to themselves than to the libeller they prosecute.

of a most ingenius foreigner) both minister and magistrate are compelled in almost every instance to choose between his duty and his reputation. A dilemma of this kind perpetually before him, will not, indeed, work a miracle on his heart, but it will assuredly operate, in some degree, upon his conduct. At all events, these are not times to admit of any relaxation in the little discipline we have left.

But it is alleged, that the licentiousness of the press is carried beyond all bounds of decency and truth; that our excellent ministers are continually exposed to the public hatred or derision; that in prosecutions for libels of government, juries are partial to the popular side: and that in the most flagrant cases, a verdict cannot be obtained for the king. If the premises were admitted, I should deny the conclusion. It is not true that the temper of the times has in general an undue influence over the conduct of juries: on the contrary, many signal instances may be produced of verdicts returned for the king, when the inclinations of the people led strongly to an undis tinguished opposition to government. Witness the cases of Mr Wilkes and Mr. Almon. In the late prosecution of the printers of my address to a great personage, the juries were never fairly dealt with. Lord chief justice Mansfield, conscious that the paper in question contained no treasonable or libellous matter, and that the severest parts of it, however painful to the king or offensive to his servants, were strictly true, would fain have restricted the jury to the finding of special facts, which, as to guilty or not guilty, were merely indifferent. This particular motive, combined with his general purpose to contract the power of juries, will account for the charge he delivered in Woodfall's trial. He told the jury in so many words, that they had nothing to determine, except the fact of printing and publishing, and whether or no the blanks or inuendoes were properly filled up in the information; but that, whether the defendant had committed a crime or not, was no matter of consideration to twelve men, who yet, upon their oaths, were to pronounce their peer guilty or not guilty. When we hear such nonsense delivered from the bench, and find it supported by a labored train of sophistry, which a plain understanding is unable to follow, and which an unlearned jury, however it may shock their reason, cannot be supposed qualified to refute, can it be wondered that they should return a verdict perplexed, absurd, or imperfect? Lord Mansfield has not yet explained to the world, why he accepted of a verdict which the court afterwards set aside as illegal; and which, as it took no notice of the inuendoes, did not even correspond with his own charge. If he had known his own duty, he should have sent the jury back. I speak advisedly, and am well assured, that no lawyer of character, in Westminster-hall, will contradict me. To show the falsehood of lord Mansfield's doctrine, it is not necessary to enter into the merits of the paper which produced the trial. If every line of it were treason, his charge to the jury would still be false, absurd, illegal, and unconstitutional. If I stated the merits of my letter to the king, I should imitate lord Mansfield, and travel* out of the record. When law and reason speak plainly, we do not want authority to direct our understandings. Yet, for the honor of the profession, I am content to oppose one lawyer to another; especially when it happens that the king's attorney-general has virtually disclaimed the doctrine by which the chief justice meant to ensure success to the prosecution. The opinion of the plaintiff's counsel (however it may otherwise be insignifi cant) is weighty in the scale of the defendant. My lord

With regard to strictures upon the characters of men in office, and the measures of government, the case is a little different. A considerable latitude must be allowed in the discussion of public affairs,or the liberty of the press will *The following quotation from a speech delivered by be of no benefit to society. As the indulgence of private lord Chatham, on the 11th of December, 1770, is taken with malice and personal slander should be checked and resist- exactness. The reader will find it curious in itself, and ed by every legal means, so a constant examination into very fit to be inserted here. "My lords, the verdict given the characters and conduct of ministers and magistrates in Woodfall's trial was, 'guilty of printing and publishing should be equally promoted and encouraged. They who only;' upon which tw motions were made in court; one, conceive that our newspapers are no restraint upon bad in arrest of judgment, by the defendant's counsel, groundmen, or impediment to the execution of bad measures, ed upon the ambiguity of the verdict; the other, by the Know nothing of this country. In that state of abandon-counsel for the crown, for a rule upon the defendant, to ed servility and prostitution, to which the undue influence show cause why the verdict should not be entered up acof the crown has reduced the other branches of the leg-cording to the legal import of the words. On both moislature, our ministers and magistrates have, in reality, tions a rule was granted; and soon after the matter was little punishment to fear, and few difficulties to contend with beyond the censure of the press, and the spirit of resistance which it excites among the people. While this censorial power is maintained, (to speak in the words

argued before the court of king's bench. The noble judge, when he delivered the opinion of the court upon the verdict, went regularly through the whole of the proceedings at Nisi Prius, as well the evidence that had been

are sufficient to determine a plain matter of fact, they are not qualified to comprehend the meaning, or to judge of the tendency of a seditious libel. In answer to this objection (which, if well founded, would prove nothing as to the strict right of returning a general verdict I might safely deny the truth of this assertion. Englishmen, of that rank from which juries are usually taken, are not so illiterate as (to serve a particular purpose) they are now represented: or, admitting the fact, let a special tance, and the objection is removed. But the truth is, that if a paper, supposed to be a libel upon government, be so obscurely worded, that twelve common men cannot possibly see the seditious meaning and tendency of it, it is in effect no libel. It cannot inflame the minds of the people, nor alienate their affections from government; for they no more understand what it means, than if it were published in a language unknown to them. Upon the whole matter, it appears, to my understanding, If any honest man should still be inclined to leave the, clear, beyond a doubt, that, if, in any future prosecution construction of libels to the court, I would entreat him for a seditious libel, the jury should bring in a verdict of to consider what a dreadful complication of hardships he acquittal, not warranted by the evidence, it will be owing imposes upon his fellow subjects. In the first place, the to the false and absurd doctrines laid down by lord Mansprosecution commences by information of an officer of field. Disgusted at the odious artifices made use of by the crown, not by the regular constitutional mode of in- the judge to mislead and perplex them, guarded against dictment before a grand jury. As the fact is usually ad- his sophistry, and convinced of the falsehood of his g mitted, or, in general can easily be proved, the office of sertions, they may, perhaps, determine to thwart his dethe petty jury is nugatory: the court then judges of the testable purpose, and defeat him at any rate. To him at nature and extent of the offense, and determines, ad- least, they will do substantial justice. Whereas, if the arbitrium, the quantum of the punishment, from a small whole charge laid in the information be fairly and honfine to a heavy one, to repeated whipping, to pillory, and estly submitted to the jury, there is no reason whatsoever unlimited imprisonment. Cutting off ears and noses to presume that twelve men, upon their oaths, will not might still be inflicted by a resolute judge: but I will be decide impartially between the king and the defendant. candid enough to suppose that penalties, so apparently The numerous instances, in our state trials, of verdicts shocking to humanity, would not be hazarded in these recovered for the king, sufficiently refute the false and times. In all other criminal prosecutions the jury de- scandalous imputations thrown, by the abettors of lord cides upon the fact and the crime in one word, and the Mansfield, upon the integrity of juries. But, even admitcourt pronounces a certain sentence which is the sen- ting the supposition, that, in times of universal discon tence of the law, not of the judge. If lord Mansfield's tent, arising from the notorious mal-administration of doctrine be received, the jury must either find a verdict public affairs, a seditious writer should escape punish of acquittal, contrary to evidence, which, I can conceive, ment, it makes nothing against my general argument. If might be done by very conscientious men, rather than juries are fallible, to what other tribunal shall we appeal? trust a fellow-creature to lord Mansfield's mercy; or they If juries cannot safely be trusted, shall we unite the must leave to the court two offices, never but in this in-offices of judge and jury, so wisely divided by the consti stance united, of finding guilty, and awarding punish-tution, and trust implicitly to lord Monsfield? Are the judges of the court of king's bench more likely to be unbiassed and impartial than twelve yeomen, burgesses, or gentlemen, taken indifferently from the country at large? Or, in short, shall there be no decision, until we have instituted a tribunal from which no possible abuse or inconvenience whatsoever can arise? If I am not grossly mistaken, these questions carry a decisive answer along with them.

chief justice de Grey, who filed the information ex officio, is directly with me. If he had concurred in lord Mansfield's doctrine, the trial must have been a very short one. The facts were either admitted by Woodfall's counsel, or easily proved to the satisfaction of the jury; but Mr. de Grey, far from thinking he should acquit himself of his duty, by barely proving the facts, entered largely, and I confess, not without ability, into the demerits of the paper, which he called a seditious libel. He dwelt but lightly upon those points which (according to lord Mans-jury be summoned in all cases of difficulty and impor fleld) were the only matter of consideration to the jury. The criminal intent, the libellous matter, the pernicious tendency of the paper itself, were the topics on which he principally insisted, and of which, for more than an hour, he tortured his faculties to convince the jury. If he agreed in opinion with lord Mansfield, his discourse was impertinent ridiculous't and unreasonable. But understanding the law as I do, what he said was at least consistent, and to the purpose. 1

ment.

"But," says this honest lord chief justice, "if the paper be not criminal, the defendant (though found guilty by his peers) is in no danger, for he may move the court in arrest of judgment." True, my good lord; but who is to determine upon the motion? Is not the court still to decide, whether judgment shall be entered up or not? and is not the defendant this way as effectually deprived of judgment by his peers, as if he were tried in a court of civil law, or in the chambers of the inquisition? It is you, my lord, who then try the crime, not the jury As to the probable effect of the motion in arrest of judgment, I shall only observe, that no reasonable man would be so eager to possess himself of the invidious power of inflicting punishment, if he were not predetermined to

make use of it.

Again, we are told that judge and jury have a distinct office; that the jury is to find the fact, and the judge to deliver the law. "De jure respondent judices, de facto jurati." The dictum is true, though not in the sense given to it by lord Mansfield. The jury are undoubtedly to determine the fact; that is, whether the defendant did or did not commit the crime charged against him. The judge pronounces the sentence annexed by law to that fact so found; and if, in the course of the trial, any ques-perience, that the Scots, transplanted from their own tion of law arises, both the counsel and the jury must, of necessity, appeal to the judge, and leave it to his decision. An exception, or plea in bar, may be allowed by the court; but, when issue is joined, and the jury have received their charge, it is not possible, in the nature of things, for them to separate the law from the fact, unless they think proper to return a special verdict.

It has also been alleged, that, although a common jury given, as his own charge to the jury. This proceeding would have been very proper, had a notion been made on either side for a new trial; because either a verdict given contrary to evidence, or an improper charge by the judge at Nisi Prius, is held to be a sufficient ground for granting a new trial. But when a motion is made in arrest of judgment, or for establishing the verdict, by entering it up according to the legal import of the words, it must be on the ground of something appearing on the face of the record; and the court, in considering whether the verdict shall be established or not, are so confined to the record, that they cannot take any notice of anything that does not appear on the face of it; in the legal phrase, they cannot travel out of the record. The noble judge did travel out of the record; and i affirm, that his discourse was irregular, extrajudicial, and unprecedented. His apparent motive for doing what he knew to be wrong, was that he might have an opportunity of telling the public extrajudicially, that the other three judges concurred in the doctrine laid down in his charge."

Having cleared the freedom of the press from a restraint equally unnecessary and illegal, I return to the use which has been made of it in the present publication. National reflections, I confess, are not justified in theory, nor upon any general principles. To know how well they are deserved, and how justly they have been applied, we must have the evidence of facts before us, We must be conversant with the Scots in private life, and observe their principles of acting to us and to cach other; the characteristic prudence, the selfish nationality, the indefatigable smile, the persevering assiduity, the everlasting profession of a discreet and moderate resentment. If the instance were not too important for an experiment, it might not be amiss to confide a little in their integrity. Without any abstract reasoning upon causes and effects, we shall soon be convinced, by excountry, are always a distinct and separate body from the people who receive them. In other settlements, they only love themselves: in England they cordially love themselves, and as cordially hate their neighbors. For the remainder of their good qualities I must appeal to the reader's observation, unless he will accept of my lord Barrington's authority in a letter to the late lord Malcombe, published by Mr. Lee: he expresses himself with a truth and accuracy not very common in his lordship's lucubrations. "And Cockburn, like most of his countrymen, is as abject to those above him, as he is insolent to those below him." I am far from meaning to impeach the articles of the union If the true spirit of those articles were religiously adhered to, we should not see such a multitude of Scotch commoners in the lower house, as representatives of English boroughs, while not a single Scotch borough is ever represented by an Englishman: we should not see English peerages given to Scotch ladies, or to the elder sons of Scotch peers, and the num ber of sixteen doubled and trebled by a scandalous evasion of the act of union. If it should ever be thought ad visable to dissolve an act, the violation or observance of which is invariably directed by the advantage and interest of the Scots. I shall say very sincerely, with Sir Edward Coke,*"When poor England stood alone, and had not the access of another kingdom, and yet had more and

* Parliamentary History, vol. ii, p. 460.

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