of Commons could not themselves reverfe a refolution, which had the force and effect of a judicial fentence, there were other conftitutional expedients, which would have given a fecurity against any fimilar attempts for the future. The general propofition, in which the whole country had an intereft, might have been reduced to a particular fact, in which Mr. Wilkes and Mr. Luttrell would alone have been concerned. The Houfe of Lords might interpofe;-the King might diffolve the parliament;- -or, if every other refource failed, there ftill lay a grand conftitutional writ of error, in behalf of the people, from thé decifion of one court to the wifdom of the whole legiflature. Every one of these remedies has been fucceffively attempted. The people performed their part with dignity, fpirit and perfeverance. For many months his Majefty heard nothing from his fubjects but the language of complaint and refentment;-unhappily for this country, it was the daily triumph of his courtiers that he heard it with an indifference approaching to contempt.

The House of Commons having affumed a power unknown to the conftitution, were determined not merely to fupport it in the fingle inftance in question, but to maintain the doctrine in its utmost extent, and to establish the fact as a precedent in law, to be applied in whatever manner his Ma jefty's fervants fhould hereafter think fit. Their proceedings upon this occafion are a ftrong proof that a decifion, in the first inftance illegal and unjuft, can only be supported by a continuation of falfhood and injustice. To fupport their former refolutions, they were obliged to violate fome of the best known and established rules of the house. In one inftance they went fo far as to declare, in open defiance of truth and common fense, that it was not the rule of the houfe to divide a complicated queftion, at the request of a membert. But after trampling upon the laws of the land, it was not wonderful that they should treat the private regulations of their own affembly with equal difregard. The fpeaker, being young in office, begun with pretending ignorance, and ended with deciding for the minitry. We were not furprifed with the decifion; but he hesitated and blufhed at his own bafenefs, and every man was aftonished.

The intereft of the public was vigorously fupported in the House of Lords. Their right to defend the conftitution against any incroachment of the other eftates, and the neceffity of exerting it at this period, was urged to them with every argument that could be fuppofed to influence the heart or the understanding. But it foon appeared that they had already taken their part, and were determined to fupport the Houfe of Commons not only at the expence of truth and decency, but even by a surrender of their own most important rights. Inftead of performing that duty which the conftitution expects from them, in return for the dignity and independence of their station, in return for the hereditary fhare it has given them in the legislature, the majority of them made common caufe with the other houfe in oppreffing the people, and established another doctrine as falfe in itfelf, and if poffible more pernicious to the conftitution, than that on which the Middlefex election was determined. By refolving that they had no right to impeach a judgment of the House of Commons in any cafe whatfoever, where that houfe has a competent jurifdiction, they in effect gave up the conftitutional check and reciprocal controul of one branch of the legiflature over the other, which is perhaps the greatest and most important object provided for by the divifion of the whole legislative power

into

+ This extravagant refolution appears in the votes of the house; but, in the minutes of the committees, the inftances of refolutions contrary to law and truth, or of refufals to acknowledge law and truth when propofed to them are innumerable.

1

into three eftates; and now, let the judicial decifions of the Houfe of Commons be ever fo extravagant, let their declarations of the law be ever fo flagrantly falfe, arbitrary and oppreffive to the fubject, the House of Lords have impofed a flavish filence upon themfelves; they cannot interpofe, they cannot protect the fubject,-they cannot defend the laws of their country. A conceffion fo extraordinary in itfelf, fo contradictory to the principles of their own inftitution, cannot but alarm the most unfufpecting mind. We may well conclude that the Lords would hardly have yielded to the other house, without the certainty of a compenfation, which can only be made to them at the expence of the people. The arbitrary power they have affumed of impofing fines and committing, during pleasure, will now be exercifed in its fullest extent. The Houfe of Commons are too much in their debt to question or interrupt their proceedings. The crown too, we may be well affured, will lofe nothing of this new diftribution of power. After declaring that to petition for a diffolution of parliament is irreconcileable with the principles of the conftitution, his Majefty has reafon to expect that fome extraordinary compliment will be returned to the royal prerogative. The three branches of the legiflature seem to treat their feparate rights and interefts as the Roman Triumvirs did their friends. They reciprocally facrifice them to the animofities of each other, and establish a deteftable union among themselves upon the ruin of the laws and liberty of the common-wealth.

Through the whole proceedings of the Houfe of Commons in this feffion, there is an apparent, a palpable confcioufnefs of guilt, which has prevented their daring to affert their own dignity, where it has been immediately and grofsly attacked. In the courfe of Dr. Mufgrave's examination, he said every thing that can be conceived mortifying to individuals, or offenfive to the houfe. They voted his information frivolous, but they were awed by his firmnefs and integrity, and funk under it. The terms, in which the fale of a patent to Mr. Hine were communicated to the public, naturally called for a parliamentary enquiry. The integrity of the Houfe of Commons was directly impeached; but they had not courage to move in their own vindication, because the enquiry would have been fatal to Col. Burgoyne, and the Duke of Grafton. When Sir George Savile branded them with the name of traitors to their conftituents, when the Lord Mayor, the Sheriffs, and Mr. Trecothick exprefsly avowed and maintained every part of the City Remonftrance, why did they tamely fubmit to be infulted? Why did they not immediately expel thofe refractory members? Confcious of the motives on which they had acted, they prudently preferred infamy to danger, and were better prepared to meet the contempt, than to rouze the indignation of the whole people. Had they expelled thofe five members, the confequences of the new doctrine of incapacitation would have come immediately home to every man. The truth of it would then have been fairly tried, without any reference to Mr, Wilkes's private character, or the dignity of the Houfe, or the obftinacy of one particular county. Thefe topics, I know, have had their weight with men, who, affecting a character of moderation, in reality confult nothing but their own immediate eafe, who are weak enough to acquiefce under a flagrant violation of the laws, when it does not directly touch themselves, and care not what injuftice is practifed upon a man, whofe moral character they piously think themselves obliged to condemn. In any other circumftances, the House of Commons must have forfeited all their credit and dignity, if, after fuch grofs provocation, they had permitted thofe five gentlemen to fit any longer among them. We should then have feen and felt the operation of a precedent, which is reprefented to be perfectly

barren

barren and harmlefs. But there is a fet of men in this country, who understandings measure the violation of law, by the magnitude of the inftance, not by the important confequences, which flow directly from the principle, and the minifter, I prefume, did not think it fafe to quicken their apprehenfion too foon. Had Mr. Hampden reafoned and acted like the moderate men of these days, inftead of hazarding his whole fortune in a law-fuit with the crown, he would have quietly paid the twenty fhillings demanded of him, the Stuart family would probably have continued upon the throne, and, at this moment, the impofition of fhipmoney would have been an acknowledged prerogative of the crown.

What then has been the bufinefs of the feffion, after voting the fupplies, and confirming the determination of the Middlefex Election? The extraordinary prorogation of the Irish parliament, and the juft difcontents of that kingdom, have been paffed by without notice. Neither the general fituation of our colonies, nor that particular diftrefs which forced the inhabitants of Boston to take up arms in their defence, have been thought worthy of a moment's confideration. In the repeal of thofe acts, which were most offenfive to America, the parliament have done every thing, but remove the offence. They have relinquished the revenue, but judicioutly taken care to preferve the contention. It is not pretended that the continuance of the tea duty is to produce any direct benefit whatsoever to the mother country. What is it then but an odious unprofitable exertion of a fpeculative right, and fixing a badge of flavery upon the Americans, without fervice to their mafters? But it has pleafed God to give us a ministry and a parliament, who are neither to be perfuaded by argument, nor inftructed by experience.

Lord North, I prefume, will not claim an extraordinary merit from any thing he has done this year in the improvement or application of the reve

nue.

A great operation, directed to an important object, though it should fail of fuccefs, marks the genius and elevates the character of a minifter. A poor contracted understanding deals in little schemes, which dishonour him if they fail, and do him no credit when they fucceed. Lord North had fortunately the means in his poffeffion of reducing all the four per cents at once. The failure of his firft enterprize in finance is not half fo difgraceful to his reputation as a minifter, as the enterprize itfelf is injurious to the public. Instead of striking one decifive blow, which would have cleared the market at once, upon terms proportioned to the price of the four per cents fix weeks ago, he has tampered with a pitiful portion of a commodity, which ought never to have been touched but in grofs;-he has given notice to the holders of that flock of a defign formed by government to prevail upon them to furrender it by degrees, confequently has warned them to hold up and inhance the price;-fo that the plan of reducing the four per cents must either be dropped entirely, or continued with an increafing disadvantage to the public. The minister's fagacity has served to raise the value of the thing he means to purchase, and to fink that of the three per cents, which it is his purpose to fell. In effect he has contrived to make it the intereft of the proprietor of four per cents to fell out and buy three per cents in the market, rather than fubfcribe his stock upon any terms, that can poffibly be offered by government.

The ftate of the nation leads us naturally to confider the fituation of the King. The prorogation of a parliament has the effect of a temporary diffolution. The odium of meafures adopted by the collective body fits lightly upon the feparate members, who compofed it. They retire into fummer quarters, and reft from the difgraceful labours of the compaign. But as for the fovereign, it is not fo with him. He has a permanent existence

existence in this country. He cannot withdraw himself from the complaints, the discontents, the reproaches of his fubjects. They pursue him to his retirement, and invade his domeftic happiness, when no address can be obtained from an obfequious parliament to encourage or confole him. In other times, the intereft of the King and people of England was, as it ought to be, intirely the fame. A new fyftem has not only been adopted in fact, but profeffed upon principle. Ministers are no longer the public fervants of the state, but the private domeftics of the fovereign. One particular class of men are permitted to call themselves the King's friends, as if the body of the people were the King's enemies; or as if his Majefty looked for a refource or confolation, in the attachment of a few favourites, against the general contempt and deteftation of his subjects. Edward and Richard the Second made the fame diftinction between the collective body of the people and a contemptible party, who furrounded the throne. The event of their mistaken conduct might have been a warning to their fucceffors. Yet the errors of thofe princes were not without excufe. They had as many false friends as our prefent gracious Sovereign, and infinitely greater temptations to feduce them. They were neither fober, religious, nor demure. Intoxicated with pleasure, they wafted their inheritance in purfuit of it. Their lives were like a rapid torrent, brilliant in profpect, though useless or dangerous in its courfe. In the dull, unanimated exiftence of other princes, we fee nothing but a fickly, ftagnant water, which taints the atmosphere with-out fertilizing the foil. The morality of a King is not to be measured by vulgar rules. His fituation is fingular. There are faults which do him honour, and virtues that difgrace him. A faultlefs, infipid equality in his character is neither capable of vice nor virtue in the extreme; but it fecures his fubmiflion to thofe perfons, whom he has been accustomed to refpect, and makes him a dangerous inftrument of their ambition. Secluded from the world, attached from his infancy to one fet of perfons and one fet of ideas, he can neither open his heart to new connexions, nor his mind to better information. A character of this fort is the foil fittest to produce that obftinate bigotry in politics and religion, which begins with a meritorious facrifice of the understanding, and finally conducts the monarch and the martyr to the block.

At any other period, I doubt not, the fcandalous disorders, which have been introduced into the government of all the dependencies of the empire would have roufed and engaged the attention of the public. The odious abufe and proftitution of the prerogative at home,the unconftitutional employment of the military, the arbitrary fines and commitments by the Houfe of Lords, and court of King's Bench; the mercy of a chafte and pious prince extended chearfully to a wilful murderer, becaufe that murderer is the brother of a common proftitute, would, I think, at any other time, have excited univerfal indignation. But the daring attack upon the conftitution in the Middlesex election makes us callous and indifferent to inferior grievances. No man regards an eruption upon the furface, when the noble parts are invaded, and he feels a mortification approaching to his heart. The free election of our reprefentatives in parliament comprehends, because it is, the fource and fecurity of every right and privilege of the English nation. The ministry have realifed the compendious ideas of Caligula. They know that the liberty, the laws, and property of an Englishman have in truth but one neck, and that to violate the freedom of election ftrikes deeply at them all.

JUNIUS.

New York, April 9. Saturday night the 24th ult. about eleven o'clock, fourteen or fifteen foldiers were feen about the liberty pole in this city, which one of them had afcended, with an intent. to take off and carry away the topmaft and vane; as foon as they were discovered, five or fix young men, who were accidentally croffing the green at that time, made up towards the pole to fee what they were about, but they were immediately attacked, and driven off the green by the foldiers; who finding they were disco vered, and being apprehenfive that the inhabitants would be alarmed, they made off; foon after some perfons went into town, and acquainted their friends with the proceedings of the foldiers; upon which fourteen or fifteen perfons came up to the green, and going to the pole, were there furrounded by forty or fifty foldiers with their cutlaffes drawn; upon which four or five of them retreated to the houfe of Mr. Bicker, and were followed by a part of the foldiers, who immediately called out for the foldiers from the barracks; upon which they were joined by a very confiderable body that came over the barrack fence; Mr. Bicker feeing himself and family in danger, and exposed to the infults of a licentious and a brutal foldiery, ftood with his bayonet fixed, determined to defend himself to the last extremity, and declared he would fhoot the first man who fhould attempt to enter; they several times attempted to force the under door, the upper door being open, which Mr. Bicker kept fhut, by fixing the point of his bayonet against it, while they kept cutting and hacking the barrel of the gun, in attempting to cut him down with their cutlaffes; but he foon after got the upper door fhut and barred; upon which they ftrove to break open the front windows, which were alfo fhut, one of which they forced open, broke the panes of the glafs and cut all the frame to pieces, in order to get into the houfe. Some people who were in the house seeing the imminent danger to which Mr. Bicker and his family were expofed, got out the back way, and ran to alarm the citizens; the chapel bell was immediately rung, upon the hearing of which, the foldiers retreated precipitately. A number of the citizens were up all night, and under arms, which probably prevented any mischief being done, as they repeatedly fwore they would fet fire to the houfe, and burn or destroy every perfon in it. Colonel Robertfon, the commanding officer of the regiment, repaired to the barracks as foon as he had notice of the disturbance, he immediately ordered the centinel to be confined, and remained up all night, to prevent any farther mischief being done; and as a number of the inhabitants nightly guarded the pole till the tranfports with the foldiers were failed, they were disappointed in effecting their defigns againft it, although they pofitively fwore they would carry off fome part of it with them.

POLITICAL INTELLIGENCE. May 14th. The common council of this city met this day in confequence of the following fummons, which was iffued on. Friday afternoon :

Vol. VI.

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