On the 9th of May, parliament was prorogued; his majefty delivering upon the occafion a fpeech in which the loyalty and affection of his "faithful commons" were highly applauded and a promife made, of confining for the future the expences of his civil government within fuch bounds, not as the law had prefcribed, but as the HONOR of his CROWN would admit.

At this period a circular letter was written by the earl of Hillsborough, fecretary of state for America, to the different colonies, acquainting them," that it was the intention of his majesty's minifters to propofe, in the next feffion of parliament, taking off the duties upon glafs, paper, and colors, on confideration of fuch duties having been laid contrary to the true principles of commerce; and affuring them, that at no time had they entertained any defign to propofe to parliament to lay any farther taxes on America for the purpose of raising a revenue." Notwithstanding the faluo of commercial principles, it was fufficiently evident that this conceffion was folely and wifely made with a view to conciliate America in this crisis of difaffection and difcontent in England. But as the wisdom of man is generally blended with a portion of folly, the duty on tea was purposely and invidiously left as a mark of the legislative fupremacy of Britain, very contrary to the inclinations and earnest endeavors of the minifter, who, by cogent arguments, demonftrated in council the impolicy of leaving that fatal germ of contention to expand into incurable animofity. But though the duke of Grafton was on this occafion powerfully supported by lord Camden, and various other names of the highest respectability, his grace's fyftem of moderation was most unfortunately overruled in the cabinet, in a favorite point of primary importance within his own department, by the operation of that fecret and baleful influence which it might furely have been imagined that the evil genius of Britain alone could at this momentous conjuncture have awakened into action. And from this period the duke of Grafton entertained fixed and ferious

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ferious ideas of relinquishing his ftation as soon as a fucceffor could be provided by his majesty.

The ferment raised in the nation by the late decifion of the house of commons feemed in the mean time daily to increase in violence. A very bold petition was prefented to the king by the freeholders of the county of Middlesex, in which they enlarged on the uniform tendency of the meafures of the prefent reign to destroy that harmony which ought to fubfift between the prince and the people; and they concluded a long catalogue of grievances and apprehenfions, by declaring, that the right of election had been wrefted from them by the unprecedented feating of a candidate who was never chofen by the county; who, even to become a candidate, was obliged fraudulently to vacate his feat in parliament. "Deign then," fay they, "moft gracious fovereign, to listen to the prayer of the most faithful of your subjects, and to banish from your royal favor, trust, and confidence, for ever, thofe evil counfellors who have endeavored to alienate your majesty's affections from your most fincere and dutiful subjects, and who have TRAITOROUSLY dared to depart from the fpirit and letter of thofe laws, which have fecured the crown of these realms to the house of Brunfwic."

The city of London prefented a petition to the fame purport. But the city of Westminster, fenfible, as they profeffed, that decifive measures are the beft policy, petitioned exprefsly for an immediate diffolution of parliament. The county of York, and fourteen other principal counties, with many opulent cities and towns, followed this example: but it is not to be imagined that they could flatter themselves with any serious expectation of fuccefs. A few counter addreffes were, with great difficulty, procured by the court, and one in particular from a respectable, though in number, an inconfiderable proportion of merchants of London, who, in their proceffion to St. James's, were grofsly infulted by the populace. The tumult alarmingly increafing as they approached

approached the palace, the riot act was read at the palacegate; and lord Talbot, lord Steward, attempting to interpofe, had his ftaff of office broken in his hand. Several persons were after a daring refiftance taken into cuftody by the military, but the indictments fubfequently preferred against them at Westminster Hall were all thrown out by the grand jury.

Amidst the innumerable multitude of political publications, in which the conduct of the prefent administration was arraigned in the bittereft terms of severity, the national attention was particularly attracted by a series of letters appearing under the fignature of JUNIUS, and written in a style so masterly as to be generally deemed, in point of compofition, equal to any literary productions in the Englifh language. They confifted, however, of little elfe than fplendid declamation and poignant invective, and discovered a cool and deliberate malignity of difpofition, which, now the paffions and follies of the day have vanished, and given place to other paffions and other follies, muft excite difguft at least proportionate to our admiration *. Of these celebrated letters, by far the moft memorable is that addreffed to the KING, in which the writer, with equal elegance and energy of diction, exhibits to the view of his fovereign a most striking and faithful picture of his administration. "Whichever way," fays this anonymous and invisible speaker, at the conclufion of his epiftle, "you turn your eyes, you see nothing but perplexity and distress.

You

* This writer did not hefitate, in numerous inftances, to infinuate charges the most heinous and criminal against persons the moft diftinguished in life, without pretending to fupport them, though repeatedly and loudly called upon, by even the shadow of a proof. Of the duke of Bedford he says, fpeaking of the treaty of peace, "It is not poffible that fo many public facrifices fhouid have been made without fome private compenfation." The princefs dowager of Wales he compares to "the abandoned royal inamorata of the detefted MortiSir William Draper he accufes of having "fold the companions of his victory”—the duke of Grafton with betraying lord Rockingham, and facrificing lord Chatham; and, in a tone of ftill more impudent and contemptible abuse, with having, as ranger of one of the royal forests, "refused the king's timber to the royal navy.” When a man brings forward anonymous accufations of this nature, and bafely fhrinks from the fubfequent investigation, he tands recorded to all future times, a LIAR, an ASSASSIN, and a cowARD.

mer."

You have still an honorable part to act-Difcard those little perfonal refentments which have too long directed your public condu&-come forward to your people—lay afide the wretched formalities of a king-teli them you have been fatally deceived. This is not a time to trifle with your fortune-the people of England are loyal to the houfe of Hanover, not from a vain preference of one family to another, but from a conviction that the establishment of that family was neceflary to the fupport of their civil and religious liberties. This, fir, is a principle of allegiance equally folid and rational, fit for Englishmen to adopt, and well worthy of your majefty's encouragement. We cannot long be deluded by nominal diftinctions-the name of STUART of itself is only contemptible; armed with the fovereign authority, their principles are formidable--the prince who imitates their conduct should be warned by their example, and, while he plumes himfelf upon the fecurity of his title to the throne, fhould remember, that, as it was acquired by one revolution, it may be loft by another."

On the appearance of this letter, the attorney general had orders immediately to file a bill ex officio in the court of king's bench, against the publisher Woodfall, for uttering a falfe and feditious libel. Lord Mansfield, who prefided on the trial, in fumming up the evidence, informed the jury, that the fact of publication was all that came under their cognizance-the queftion of libel or no libel being a mere queftion of law, to be decided by the court, This distinction moft unquestionably was not authorized by the antient practice of the courts, though in modern times it had gradually advanced itself into an established principle of jurifprudence. But it is evident that, if this doctrine be admitted, the proper ufe of juries is wholly fuperfeded; and the judge is made, what the conftitution never intended him to be the arbiter of the fate of his

fellow-fubjects. In reality, it might as plaufibly be affert

ed,

ed, that, in the cafes of murder or robbery, the mere fact of deprivation of life, or feizure of property, fhould be found by the jury, and the judge be left to pronounce upon the criminality or innocence of the action, as that the queftion of law and fact fhould be feparated in the matter of libel. Lord Mansfield himself was compelled in the prefent inftance to admit the power of the jury to include both in a general verdict, though he affirmed the exercife of this power to be incompatible with their duty and their oath. That the determination of any mere question of law, arising out of the circumftances or facts given in evidence, properly and folely appertains to the court, has never been difputed; and indeed fuch mere queftion of law is never fubmitted to the jury: but it is on the other hand equally clear to common sense, that when the charge or criminal allegation, compounded as it must neceffarily be of law and fact, is referred to the jury, they betray the truft repofed in them, if, when the law is fufficiently apparent, they relinquish their grand conftitutional privilege of deciding on the guilt or innocence of the perfon accufed. In cafes of peculiar difficulty, the jury are indeed with great propriety permitted to return a special verdict, in which the facts only are found, and it is left to the court to apply the law in conformity to such specific ftatement: and furely it may be allowed by thofe who are moft deeply verfed in the myfteries of the law, that a jury, however incapable in certain cafes to determine, i. e. to understand the law with the best affiftance of the pleaders and of the court, are at least competent to judge whether they do understand it or After long deliberation, the jury impanelled in the prefent cause returned their verdict, "Guilty of printing and publishing ONLY;" thus virtually negativing the feditious meaning and intention, which being of the effence of the charge, though according to the new doctrine a queftion of pure law, the verdict amounted to an abfolute ac

not.

quittal,