oppreffed by quibble and chicane. I fay that he has introduced new law too, and removed the landmarks eftablished by former decifions. I say that his view is to change a court of common law into a court of equity, and to bring every thing within the arbitrium of a prætorian court. The public muft determine between us. But now for his merits. First then, the establishment of the judges in their places for life, (which you tell us was advised by Lord Mansfield) was a conceffion merely to catch the people. It bore the appearance of a royal bounty, but had nothing real in it. The judges were already for life, excepting in cafe of a demife. Your boafted bill only provides that it fhall not be in the power of the King's fucceffor to remove them. At the best therefore, it is only a legacy, not a gift on the part of his prefent Majefty, fince for himself, he gives up nothing. That he did oppofe Lord Camden and Lord Northington upon the proclamation against the exportation of corn, is moft true, and with great ability. With his talents, and taking the right-side of fo clear a queftion, it was impoffible to speak ill. -His motives are not fo eafily penetrated. They, who are acquainted with the state of politics, at that period, will judge of them fomewhat differently from Zeno. One of the popular bills, which you say he fupported in the houfe of lords, the moft material li VOL. II. is is undoubtedly that of Mr. Grenville, for deciding contested elections. But I should be glad to know upon what poffible pretence any member of the upper houfe could oppofe fuch a bill, after it had paffed the boufe of commons ?-I did not pretend to know what share he had in promoting the other two bills, but I am ready to give him all the credit you defire. Still you will find that a whole life of deliberate iniquity is ill-atoned for by doing now and then a laudable action upon a mixed or doubtful principle. If it be unworthy of him, thus ungratefully treated, to labour any longer for the public, in God's name let him retire. His brother's patron, (whose health he once was anxious for) is dead, but the fon of that unfortunate prince furvives, and, I dare fay, will be ready to receive him. PHILO JUNIUS. LET LETTER XVI. TO AN ADVOCATE IN THE CAUSE OF THE PEOPLE. SIR, 18 October, 1771. You OU do not treat Junius fairly. You would not have condemned him so hastily, if you had ever read Judge Fofter's argument upon the legality of preffing feamen. A man who has not read that argument, is not qualified to speak accurately upon the fubject. In answer to strong facts and fair reafoning, you produce nothing but a vague comparifon between two things, which have little or no refemblance to each other. General Warrants, it is true, had been often iffued, but they had never been regularly queftioned or refifted, until the cafe of Mr. Wilkes. He brought them to trial, and the moment they were tried, they were declared illegal. This is not the cafe of Prefs Warrants. They have been complained of, queftioned, and I i 2 refifted in a thoufand thousand inftances; but ftill the legislature have never interpofed, nor has there ever been a formal decifion against them in any of the fuperior courts. On the contrary, they have been frequently recognized and admitted by parliament, and there are judicial opinions given in their favour, by judges of the first character. Under the various circumstances, ftated by Junius, he has a right to conclude, for bimfelf, that there is no remedy. If you have a good one to propofe, you may depend upon the affiftance and applaufe of Junius. The magistrate, who guards the liberty of the individual, deferves to be commended. But let him remember that it is alfo his duty to provide for, or at least not to hazard the fafety of the community. If, in the cafe of a foreign war and the expectation of an invafion, you would rather keep your fleet in harbour, than man it by preffing feamen, who refuse the bounty, I have done. You talk of difbanding the army with wonderful eafe and indifference. If a wifer man held fuch language, I should be apt to fufpect his fincerity. As for keeping up a much greater number of feamen in time of peace, it is not to be done. You will opprefs the merchant, you will diftrefs trade, and deftroy the nursery of your feamen. |