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the champion of government, the world was busy, heath and Wimbledon might have taught him betinquiring what honors or emoluments could be a ter. I cannot help wishing general Harvey joy of a sufficient recompense to a young man of his rank colleague who does so much honor to the employand fortune, for submitting to mark his entrance in- ment. But, my lord, this measure is too daring to to life with the universal contempt and detestation pass unnoticed, too dangerous to be received with inof his country. His noble father had not been so difference or submission. You shall not have time precipitate. To vacate his seat in parliament; to to new model the Irish army. They will not submit intrude upon a county in which he had no interest to be garbled by colonel Luttrell. As a mischief to or connection; to possess himself of another man's the English constitution, (for he is not worth the right, and to maintain it in defiance of public shame, name of enemy) they already detest him. As a boy, as well as justice, bespoke a degree of zeal or of de impudently thrust over their heads, they will receive pravity, which all the favor of a pious prince could him with indignation and contempt. As for you, my hardly requite. I protest, my lord, there is in this lord, who, perhaps, are no more than the blind, unhappy young man's conduct a strain of prostitution, which, instrument of lord Bute and her royal highness the for its singularity, I cannot but admire. He has princess of Wales, be assured, that you shall be called discovered a new line in the human character; he upon to answer for the advice which you have given, has degraded even the name of Luttrell, and grati- and either discover your accomplices, or fall a sacrifice fied his father's most sanguine expectations.

to their security. The duke of Grafton, with every possible disposi

JUNIUS. tion to patronize this kind of merit, was contented with pronouncing colonel Luttrell's panegyric. The gallant spirit, the disinterested zeal of the young ad

LETTER XLI. venturer, were echoed through the house of lords. His grace repeatedly pledged himself to the house, as

TO THE RIGHT HONORABLE LORD MANSFIELD. an evidence of the purity of his friend Mr. Luttrell's intention, that he had engaged without any prospect MY LORD,

November 14, 1770. of personal benefit, and that the idea of compensa The appearance of this letter will attract the tion would mortally offend him.* The noble duke curiosity of the public, and command even your could hardly be in earnest; but he had lately quit. | lordship's attention. I am considerably in your ted his employment, and began to think it necessary debt and shall endeavor

debt, and shall endeavor, once for all, to balance the to take some care of his reputation. At that very

at very | account. Accept of this address, my lord, as a promoment the Irish negotiation was probably begun. logue to more important scenes, in which you will Come forward thou worthy representative of lord

probably be called upon to act or suffer. Bute, and tell this insulted country, who advised

You will not question my veracity, when I assure the king to appoint Mr. Luttrell's adjutant general to

you, that it has not been owing to any particular the army in Ireland. By what management was

respect for your person that I have abstained from colonel Cunninghame prevailed on to resign his em

you so long. Besides the distress and danger with ployment, and the obsequious Gisborne to accept of

which the press is threatened, when your lordship is a pension for the government of Kinsale?† Was it

party, and the party is to be judge, I confess I have al stipulation with the princess of Wales ; or been deterred by the difficulty of the task. Our does he owe his preferment to your lordship's partial

language has no term of reproach, the mind has no ity, or to the duke of Bedford's friendship? My lord, I idea of detestation, which has not already been hapthough it may not be possible to trace this measuremily

pily applied to you, and exhausted. Ample justice to its source, we can follow the stream, and warn the has been done, by abler pens than mine, to the sepacountry of its approaching destruction. The Eng- I rate merits of your life and character. Let it be my lish nation must be roused, and put upon its guard. ( humble office to collect the scattered sweets till their Mr. Luttrell has already shown us how far he may 1 united virtue tortures the sense. be trusted, whenever an open attack is to be made Permit n ndon the liberties of this country. I do not doubt Scotch sincerity, wherever I find it. I own I am not

Permit me to begin with paying a just tribute to that there is a deliberate plan formed. Your lord

apt to confide in the professions of gentlemen of that ship best knows by whom. The corruption of the

country; and, when they smile, I feel an involuntary legislative body on this side, a military force on the

emotion to guard myself against mischief. With this other, and then farewell to England! It is impossible

general opinion of an ancient nation, I always that any minister shall dare to advise the king to

thought it much to your lordship's honor, that, in place such a man as Luttrell in the confidential post

your earlier days, you were but little irfected with of adjutant-general, if there were not some secret

the prudence of your country. You had some origipurpose in view, which only such a man as Luttrell

nal attachments, which you took every proper opporis fit to promote. The insult offered to the army in

tunity to acknowledge. The liberal spirit of youth general is as gross as the outrage intended to the peo

prevailed over your native discretion. Your zeal in pleof England. What! lieutenant-colonel Luttrell ad

the cause of an unhappy prince was expressed with jutant-general of an army of sixteen thousand men!

the sincerity of wine, and some of the solemnities of One would think his majesty's campaigns at Black

religion.* This, I conceive, is the most amiable point

of view in which your character has appeared. Like * He now says that his great object is the rank of col

| an honest man, you took that part in politics, which onel, and that he will have it

This infamous transaction ought to be explained to the public. Colonel Gisborne was quarter-master-general country, and connections. There was something genin Ireland. Lord Townshend persuaded him to resign erous in your attachment to the banished house of to a Scotch officer, one Frazer, and gives him the govern- I Stuart We lament the mistakes of a good man, and ment of Kinsale. Colonel Cunninghame was adjutant-general in Ireland. Lord Townshend offers him a pension, to do not begin to detest him until he affects to reinduce him to resign to Luttrell. Cunninghame treats he nounce his principles. Why did you not adhere to offer with contempt. What is to be done? Poor Gisborne must move once more. He accepts of a pension of 5001. a

that loyalty you once professed? Why did you not year untill a government of greater value shall become vacant. Colonel Cunningbame is made governor of Kin * This man was always a rank Jacobite. Lord Ravengsale; and Luttrell, at last, for whom the whole machinery worth produced the most satisfactory evidence of big 18 put in motion, becomes adjutant-general, and in effect, having frequently drank the pretender's health on bis takes the command of the army in Ireland.

kpees.

follow the example of your worthy brother at With the wisdom of the court, and to the purity of his him you might have shared in the honor of the own conscience. The name of Mr. Justice Yatesvill pretender's confidence; with him you might have naturally revive in your mind some of those emo preserved the integrity of your character; and En- tions of fear and detestation with which you always gland, I think, might have spared you without re- beheld him. That great lawyer, that honest man gret. Your friends will say, perhaps, that, although saw your whole conduct in the light that I do. After you deserted the fortune of your liege lord, you have years of ineffectual resistance to the pernicious prioadhered firmly to the principles which drove his ciples introduced by your lordship, and uniformly father from the throne ; that, without openly sup- supported by your humble friends upon the bench, he porting the person, you have done essential service to determined to quit a court, whose proceedings and the cause; and consoled yourself for the loss of a decisions he could neither assent to with honor, nor favorite family, by reviving and establishing the oppose with success. maxims of their government. This is the way in The injustice done to an individual* is sometimes which a Scotchman's understanding corrects the of service to the public. Facts are apt to alarm us errors of his heart. My lord, I acknowledge the more than the most dangerous principles. The suftruth of the defense, and can trace it through all ferings and firmness of a printer have roused the your conduct. I see through your whole life one uni-l public attention. You knew and felt that your conform plan to enlarge the power of the crown, at the duct would not bear a parliamentary inquiry; and expense of the liberty of the subject. To this object you hoped to escape it by the meanest, the basest your thoughts, words, and actions, have been con- sacrifice of dignity and consistency that ever was stantly directed. In contempt or ignorance of the made by a great magistrate. Where was your firmcommon law of England, you have made it your ness, where was that vindictive spirit, of which we study to introduce into the court where you preside, have seen so many examples, when a man so inconmaxims of jurisprudence unknown to Englishmen. siderable as Bingley could force you to confess, in the The Roman code, the law of nations, and the opinion face of this country, that, for two years together, you of foreign civilians, are your perpetual theme; but had illegally deprived an English subject of his lih who ever heard you mention Magna Charta, or the erty, and that he had triumphed over you at last? Bill of Rights, with approbation or respect? By Yet, I own, my lord, that yours is not an uncommon such treacherous arts the noble simplicity and free character. Women, and men like women, are timid, spirit of our Saxon laws were first corrupted. The vindictive and irresolute. Their passions counteract Norman conquest was not complete, until Norman each other, and make the same creature at one molawyers had introduced their laws, and reduced ment hateful, at another contemptible. I faney, my slavery to a system. This one leading principle di- loril, some time will elapse before you venture to comrects your interpretation of the laws, and accounts mit 'another Englishman for refusing to answer infor your treatment of juries. It is not in political | terrogatories. questions only (for there the courtier might be for- The doctrine you have constantly delivered, in cases given,) but let the cause be what it may, your under- of libel, is another powerful evidence of a settled standing is equally on the rack, either to contract plan to contract the legal power of juries, and to draw the power of the jury, or to mislead their judgment. questions, inseparable from fact, within the arbitriun For the truth of this assertion, I appeal to the doc of the court. Here, my lord, you have fortune on trine you delivered in lord Grosvenor's cause. An your side. When you invade the province of the action for criminal conversation being brought by a jury, in matter of libel, you, in effect, attack the peer against a prince of the blood, you were daring liberty of the press, and, with a single stroke, wound enough to tell the jury, that, in fixing the damages, two of your greatest enemies. In some instances you they were to pay no regard to the quality or fortune have succeeded, because jurymen are too often ignoof the parties: that it was a trial between A and B; I rant of their own rights, and too apt to be awed by that they were to consider the offense in a moral light the authority of a chief justice. In other criminal only, and give no greater damages to a peer of the prosecutions, the malice of the design is confessedly realm, than to the meanest mechanic. I shall not as much the subject of consideration to a jury as the attempt to refute a doctrine, which if it was meant certainty of the fact. If a different doctrine prevails for law, carries falsehood and absurdity upon the face in the case of libels, why should it not extend to all of it; but, if it was meant for a declaration of your criminal cases? Why not to capital offenses? I see political creed, is clear and consistent. Under an no reason (and I dare say you will agree with me, arbitrary government, all ranks and distinctions are that there is no good one) why the life of the subconfounded: the honor of a nobleman is no more con-ject should be better protected against you, than his sidered than the reputation of a peasant; for, with liberty or property. Why should you enjoy the full different liveries, they are equally slaves.

power of pillory, fine, and imprisonment, and not be Even in matters of private property, we see the indulged with hanging or transportation ? With same bias and inclination to depart from the de- your lordship's fertile genius and merciful disposicisions of your predecessors, which you certainly I tion. I can conceive such an exercise of the power ought to receive as evidence of the common law. you have, as could hardly be aggravated by that Instead of those certain positive rules by which the which you have not. judgment of a court of law should invariably be de- ! But, my lord, since you have labored (and not untermined, you have fondly introduced your own un

successfully) to destroy the substance of the trial, settled notions of equity and substantial justice. Decisions given upon such principles do not alarm * The oppression of an obserre individual gave birth to the public so much as they ought, because the conse- the famous Habeas Corpus Act of 31 Car. II.which is free

quently considered as another Magna Charta of this kicrquence and tendency of each particular instance is an

Blackstone iii. 135. not observed or regarded. In the meantime, the Bingley was committed for contempt. in not submitpractice gains ground; the court of king's bench be- ting to be examined. He lay in prison two years until the comes a court of equity; and the indce, instead of crown thought the matter might occasion some serious

dom.

complaint, and therefore he was let out, in the same conconsulting strictly the law of the land, refers only to

tumelious state he had been put in, with all bis sins about

him, unanointed and upanealed. There was much con + Confidential secretary to the late pretender. This quetry between the court and the attorney general, about circumstance confirmed the friendship between th who should undergo the ridicule of letting bim escape.brothers

Vide another Letter to Almon, p. 189.

II.

why should you suffer the form of the verdict to re-l of common sense, or the integrity of fair argument, main? Why force twelve honest men, in palpable 1 shall be understood by your lordship, when assert. violation of their oaths, to pronounce their fellow-that, if a jury, or any other court of judicature, (for subject a guilty man, when, almost at the same mo-jurors and judges) have no right to enter into a cause ment, you forbid their inquiring into the only cir- or question of law, it signifies nothing whether their cumstance which, in the eye of law and reason, con- decisions be or be not according to law. Their decistitutes guilt-the malignity or innocence of his in- sion is, in itself, a mere nullity; the parties are not tentions? But I understand your lordship. If you bound to submit to it; and, if the jury run any risk could succeed in making the trial by jury useless of punishment, it is not for pronouncing a corrupt or and ridiculous, you might then, with greater safety, illegal verdict, but for the illegality of meddling introduce a bill into parliament for enlarging the with a point on which they have no legal authority jurisdiction of the court, and extending your favorite to decide.f trial by interrogatories to every question in which I cannot quit this subject without reminding your the lite or liberty ot' an Englishuan is concerned.* lordship of the name of Mr. Benson. Without offer

Your charge to the jury, in the prosecution against ing any legal objection, you ordered a special' juryAlmon and Woodfall, contradicts :he highest legal man to be set aside, in a cause where the king was authorities, as well as the plainest dictates of reason. prosecutor. The novelty of the fact required explaIn Miller's case, and still more expressly in that of nation. Will you condescend to tell the world by Baldwin, you have proceeded a step tarther, and! what law or custom you were authorized to make a grossly contradicted yourself. You may know, per- peremptory challenge of a juryman ? The parties, haps, though I do not mean to insult you by an ap- indeed, have this power; and, perhaps, your lordship, peal to your experience, that the language of truth is having accustomed yourself to unite the characters of uniform and consistent. To depart from it safely, judge and party, may claim it in virtue of the new requires memory and discretion. In the last two capacity you have assumed, and profit by your own trials, your charge to the jury began, as usual, with wrong. The time within which you might have assuring them, that they had nothing to do with the been punished for this daring attempt to pack a jury, law; that they were to find the bare fact, and not is, I fear, elapsed ; but no length of time shall erase concern themselves about the legal inferences drawn the record of it. from it, or the degree of the defendant's guilt. Thus The mischiefs you have done this country are not far you were consistent with your former practice. confined to your interpretation of the laws. You But how will you account for the conclusion? You are a minister, my lord ; and, as such, have long been told the jury, that "if, after all, they would take consulted. Let us candidly examine what use you upon themselves to determine the law, they might do have made of your ministerial influence. I will not it, but they must be very sure that they determine descend to little matters, but come at once to those according to law; for it touched their consciences, important points on which your resolution was and they acted at their peril.” If I understand your waited for, on which the expectation of your opinion tirst proposition, you mean toaffirm, that the jury were kept a great part of the nation in suspense. A connot competent judges of the law in the criminal case stitutional question arises upon a declaration of the of a libel: that it did not fall within their jurisdic-law of parliament, by which the freedom of election, tion; and that with respect to them, the malice or and the birth-right of the subject, were supposed to innocence of the defendant's intentions would be a have been invaded. The king's servants are accused question coram non judice. But the second proposi- of violating the constitution. The nation is in a fertion clears away your own difficulties, and restores ment. The ablest men of all parties engage in the the jury to all their judicial capacities. You make question, and exert their utmost abilities in the disthe competence of the court to depend upon the cussion of it. What part has the honest lord Manslegality of the decision. In the first instance, you field acted ? As an eminent judge of the law, his deny the power absolutely : in the second, you admit opinion would have been respected. As a peer, he the power, provided it be legally exercised. Now, had a right to demand an audience of his sovereign, my lord, without pretending to reconcile the distinc- and inform him, that his ministers were pursuing tions of Westminster-hall with the simple information unconstitutional measures. Upon other occasions,

my lord, you have no difficulty in finding your way into the closet. The pretended neutrality of belong

ing to no party will not save your reputation. In a * The philosophical poet doth notably describe the dam- question merely political, an honest man may stand nable and damned proceedings of the judge of hell. neuter. But the laws and constitution are the general

property of the subject: not to defend, is to relin'Gnossius bæc Radamanthus habet durissima regna, Castigatque, auditque dolos, subigitque fateri

quish: and who is there so senseless as to renounce of commons You affected to have scruples, and Justinian, you might have made an incomparable every expedient was attempted to reniove them. prætor. It is remarkable enough, but I hope not The question was proposed and urged to you in a ominous, that the laws you understand best, and the thousand different shapes. Your prudence still sup- judges you affect to admire most, flourished in the plied you with evasion; your resolution was invinc- decline of a great empire, and are supposed to have ible. For my own part, I am not anxious to penetrate contributed to its fall. this solemn secret. I care not to whose wisdom it is Here, my lord, it may be proper for us to pause entrusted, nor how soon you carry it with you to the together. It is not for my own sake that I wish you grave.* You have betrayed your opinion by the to consider the delicacy of your situation. Beware very care you have taken to conceal it. It is not how you indulge the first emotions of your resentfrom lord Mansfield that we expect any reserve in ment. This paper is delivered to the world, and candeclaring his real sentiments in favor of government, not be recalled. The prosecution of an innocent or in opposition to the people; nor is it difficult to printer cannot alter facts, nor refute arguments. Do account for the motives of a timid, dishonest heart, not furnish me with farther materials against yourwhich neither has virtue enough to acknowledge self. An honest man, like the true religion, appeals truth, or courage to contradict it. Yet you continue to the understanding, or modestly confides in the into support an administration which you know is ternal evidence of his conscience. The impostor emuniversally odious, and which, on some occasions, ploys force instead of argument, imposes silence you yourself speak of with contempt. You would where he cannot convince, and propagates his characfain be thought to take no share in government, ter by the sword.

his share in a common benefit, unless he hopes to First he punisheth, and then he beareth, and lastly compell-profit by a new division of the spoil ? As a lord of eth to confess, and makes and mars laws at his pleasure:

parliament, you were repeatedly called upon to conlike as the centurion, in the holy history, didto St. Paul: for the text saith, Centurio apprehendi Poulum jussit, et se demn or defend the new law declared by the house (atenis ligari, et tunc interrogabat quis fuisset, et quid fecisset. But good judges and justices abhor these courses. Coke, 2 Inst. 53.

+ These iniquitous prosecutions cost the best of princes

six thousand pounds, and ended in toe total defeat and Directly the reverse of the doctrine he c^nstantly disgrace of the prosecutors. In the course of one of maintained in the house of lords, and elsewhere, upon them, judge Aston had the unparalleled impudence to tell tbe decision of the Middlesex election. He invariably as Mr. Morris, a gentleman ot unquestionable honor and inserted, that the decision must be legal because the court tegrity, and wbo was then giving his evidence on oath, was competent; and never could be prevailed on to enter that he should pay tery little regard to any affidavit ho farther into tbe question.

should make.

JUNIUS. while, in reality, you are the main spring of the machine. Here, too, we trace the little, prudential policy of a Scotchman. Instead of acting that open, gener

LETTER XLII. ous part which becomes your rank and station, you TO THE PRINTER OF THE PUBLIC ADVERTISER. meanly skulk into the closet, and give your sovereign such advice as you have not the spirit to avow

SIR,

January 30, 1771. or detend. You secretly engross the power, while

If we recollect in what manner the king's friends you decline the title of a minister; and though you have been constantly employed, we shall have no rea. dare not be chancellor, you know how to secure the son to be surprised at any condition of disgrace to emoluments of the office. Are the seals to be for which the once respected name of Englishmen may ever in commission, that you may enjoy five thousand be degraded. His majesty has no cares, but such as pounds a year? I beg pardon, my lord ; your fears concern the laws and constitution of this country. In have interposed at last, and forced you to resign. his royal breast there is no room left for resentment, The odium of continuing speaker of the house of no place for hostile sentiments against the natural lords, upon such terins, was too formidable to be re-l enemies of his crown. The system of government is sisted. What a multitude of bad passions are forced uniform : violence and oppression at home can only to submit to a constitutional infirmity! But thoughl be supported by treachery and submission abroad. you have relinquished the salary, you still assumel When the civil rights of the people are daringly inthe rights of a minister. Your conduct, it seems. vaded on one side, what have we to expect, but that must be defended in parliament. For what other, their political rights should be deserted and betrayed. purpose is your wretched friend, that miserable ser in the same proportion, on the other? The plan of jeant, posted to the house of commons ? Is it in the domestic policy which has been invariably pursued abilities of a Mr. Leigh to defend the great lords from the moment of his présent majesty's accession, Mansfield ? Or is he only the punch of the puppet-| engrosses all the attention of his servants. They show, to speak as he is prompted by the chief juggler, know that the security of their places depends upon behind the curtain?t

their maintaining, at any hazard, the secret system In public affairs, my lord, cunning, let it be ever of the closet. A foreign war might embarrass, an unso well wrought, will not conduct a man honorably favorable event might ruin the minister, and defeat through lite. Like bad money, it may be current the deep-laid scheme of policy to which he and his for a time, but it will soon be cried down. It can-associates owe their employments. Rather than not consist with a liberal spirit, though it be some- suffer the execution of that scheme to be delayed or times united with extraordinary qualifications. When interrupted, the king has been advised to make a I acknowledge your abilities, you may believe I am public surrender, a solemn sacrifice, in the face of all sincere. I feel for human nature, when I see a man, Europe, not only of th

Europe, not only of the interests of his subjects, but 80 gifted as you are, descend to such vile practices of his own personal reputation, and of the dignity Yet do not suffer your vanity to console you too of that crown which his predecessors have worn with soon. Believe me, my good lord, you are not ad-honor. These are strong terms, sir, but they are sup mired in the same degree in which you are detested. I ported by fact and argument. It is only the partiality of your friends that balances

| The king of Great Britain has been for some years the defects of your heart with the superiority of in possession of an island, to which, as the ministry your understanding. No learned man, even among

themselves have repeatedly asserted, the Spaniards your own tribe, thinks you qualified to preside in a

had no claim of right. The importance of the place court of common law: yet it is confessed, that, under

is not in question; if it were, a better judgment might be formed of it, from the opinion of lord Anson and lord Egmont, and from the anxiety of the

Spaniards, than from any fallacious insinuations * He said, in the house of lords, that he believed he

thrown out by men, whose interest it is to undervalue should carry his opinion with bim to the grave. It was that property which they are determined to relinafterwards reported, that he had entrusted it in special quish. The pretensions of Spain were & subject of confidence to the ingenious duke of Cumberland.

negotiation between the two courts. They had been discussed, but not admitted. The king of Spain, in these circumstances, bids adieu to amicable negotia

tion, and appeals directly to the sword. The expe+ This paragraph gagged poor Leigh. I am really

Port

have

cerned for the man, and wish it were possible to open his been a sudden. ill-concerted enterprise: it seems to mouth. He is a very pretty orator.

have been conducted not only with the usual mili- | the speech, did not foresee that they should ever actary precautions, but in all the forms and ceremonies cede to srch an accommodation as they have since of war. A frigate was first employed, to examine advised their master to accept of. the strength of the place. A message was then sent, The king says, “The honor of my crown, and the demanding immediate possession, in the Catholic rights of my people, are deeply affected." The king's name, and ordering our people to depart. At Spaniard, in his reply, says, “ I will give you back last, a military force appears, and compels the garri- possession, but I adhere to my claim of prior right, son to surrender. A formal capitulation ensues; reserving the assortion of it for a more favorable opand his majesty's ship, which might at least have portunity.” been permitted to bring home his troops immedi- The speech says, "I made an immediate demand ately, is detained in port twenty days, and her rud- of satisfaction; and, if that fails, I am prepared to do der forcibly taken away. This train of facts carries myself justice." This immediate demand must have no appearance of the rashness or violence of a Span- been sent to Madrid on the 12th of September, or in ish governor: on the contrary, the whole plan seems a few days after. It were certainly refused, or evaded, to have been formed and executed, in consequence of and the king has not done himself justice. When deliberate orders, and a regular instruction, from the the first magistrate speaks to the nation, some care Spanish court. Mr. Buccarelli is not a pirate, nor should be taken of his apparent veracity. has he been treated as such by those who employed The speech proceeds to say, "I shall not disconhim. I feel for the honor of a gentleman, when Itinue my preparations until I have received proper affirm, that our king owes him a signal reparation. reparation for the injury." If this assurance may be Where will the humiliation of this country end ? A relied on, what an enormous expense is entailed sine king of Great Britain, not contented with placing die upon this unhappy country! Restitution of a himself upon a level with a Spanish governor, de- possession, and reparation of an injury, are as differscends so low as to do a notorious injustice to that ent in substance as they are in language. The very governor. As a salvo for his own reputation, he has act of restitution may contain, as in this instance it been advised to traduce the character of a brave palpably does, a shameful aggravation of the injury. officer, and to treat him as a common robber, when A man of spirit does not measure the degree of an he knew, with certainty, that Mr. Buccarelli had injury by the mere positive damage he has sustained ; acted in obedience to his orders, and had done no he considers the principle on which it is founded; more than his duty. Thus it happens, in private life, he resents the superiority asserted over him; and with a man who has no spirit nor sense of honor. rejects with indignation the claim of right which One of his equals orders a servant to strike him : in- | his adversary endeavors to establish, and would stead of returning the blow to the master, his cour- | force him to acknowledge. age is contented with throwing an aspersion, equally The motives on which the Catholic king makes false and public, upon the character of the servant. restitution, are, if possible, more insolent and dis

This short recapitulation was necessary to intro graceful to our sovereign, than even the declaratory duce the consideration of his majesty's speech of the condition annexed to it. After taking four months 13th of November, 1770, and the subsequent meas- to consider whether the expedition was undertaken ures of government. The excessive caution with by his own orders or not, he condescends to disavow which the speech was drawn up, had impressed upon the enterprise, and to restore the island; not from me an early conviction, that no serious resentment any regard to justice, not from any regard he bears was thought of, and that the conclusion of the busi- to bis Britannic majesty, but merely from the perness, whenever it happened, must, in some degree, be suasion in which he is of the pacific sentiments of dishonorable to England. There appears, through the king of Great Britain." the whole speech, a guard and reserve in the choice At this rate, if our king had discovered the spirit of of expression, which shows how careful the ministry a man, if he had made a peremptory demand of satiswere not to embarrass their future projects by any faction, the king of Spain would have given him a perfirm or spirited declaration from the throne. When emptory refusal. But why this unseasonable, this all hopes of peace are lost, his majesty tells his par- ridiculous mention of the king of Great Britain's par liament, that he is preparing, not for barbarous war, cific intentions? Have they ever been in question ?, but (with all his mother's softness) for a different Was he the aggressor ? Does he attack foreign powsituation. An open hostility, authorized by the ers without provocation? Does he even resist, when Catholic king, is called an act of a governor. This he is insulted ? No, sir: if any ideas of striie or hosact, to avoid the mention of a regular siege and sur-tility have entered his royal mind, they have a very render, passes under the piratical description of seiz- different direction. The enemies of England have ing by force; and the thing taken is described, not as nothing to fear from them. After all, sir, to what a part of the king's territory, or proper dominion, but kind of disavowal has the king of Spain at last conmerely as a possession; a word expressly chosen in sented ? Supposing it made in proper time, it should contradistinction to, and exclusion of, the ideas of have been accompanied with instant restitution; and right, and to prepare us for a future surrender both of if Mr. Buccarelli acted without orders, he deserved the right and of the possession. Yet this speech, sir, death. Now sir, instead of immediate restitution, cautious and equivocal as it is, cannot, by any soph-, we have a four months' negotiation; and the officer, istry, be accommodated to the measures which have whose act is disavowed, returns to court, and is since been adopted. It seemed to promise, that, loaded with honors. whatever might be given up by secret stipulation, If the actual situation of Europe be considered, the some care would be taken to save appearances to the treachery of the king's servants, particularly of lord public. The event shows us, that to depart, in the North, who takes the whole upon himself, will apminutest article, from the nicety and strictness of pear in the strongest colors of aggravation. Our alpunctilio, is as dangerous to national honor as to lies were masters of the Mediteranean. The king female virtue. The woman who admits of one famil- of France's present aversion from war and iarity seldom know where to stop, or what to refuse; the distraction of his affairs, are notorious. and, when the counsels of a great country give way He is now in a state of war with his people. In vain in a single instance, when they once are inclined to did the Catholic king solicit him to take part in the submission, every step accelerates the rapidity of the quarrel against us. His finances were in the last disdescent. The ministry themselves, when they framed order; and it was probable that his troops might

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