LETTER XX*.·

ADDRESSED TO THE PRINTER OF THE PUBLIC ADVERTISER.

THIS Letter, published at a date long subsequent to that of the last pre · ceding one, was intended chiefly to produce, in defence of JUNIUS's explanation of that resolution of the House of Commons, which declared Mr. Walpole incapable of immediate re-election, an authority no less respectable than that of Lord Sommers, clearly expressed in his interpretation of the famous convention at the revolution, by which King James was declared, to have abdicated the throne. The mutual resemblance of the combination of the members in the two sentences compared, is precise and complete; as is, also, that of the two interpretations of JUNIUS and Lord Sommers. For the rest, a part of this Letter is very correctly and properly employed in explaining the importance of recalling the attention of the people to the subject of the Middlesex election, till the injury they had suffered by the decision upon it should be finally redressed.

It should seem that JUNIUS had, in truth, just casually lighted on the passage, in which he found himself supported by the great constitu tional authority of Lord Sommers; and thought it of too great consequence to be carelessly suppressed.

This Letter is, notwithstanding its date, inserted here, because its reference is to the train of argument in the last preceding Letter, and because the author appears to have himself directed that it should ac company that Letter.

SIR,

22. May, 1771.

VERY early in the debate upon the deci

sion of the Middlesex election, it was observed by JUNIUS, that the House of Commons had not only exceeded their boasted precedent of the expulsion and subsequent incapacitation of Mr. Walpole, but

that

that they had not even adhered to it strictly as far as it went. After convicting Mr. Dyson of giving a false quotation from the Journals, and having explained the purpose which that contemptible fraud was intended to answer; he proceeds to state the vote itself, by which Mr. Walpole's supposed incapacity was declared, viz.-" Resolved, that Ro"bert Walpole, Esq. having been this session of parliament committed a prisoner to the Tower, " and expelled this house for a high breach of trust " in the execution of his office, and notorious corruption when Secretary at War, was and is inca"pable of being elected a member to serve in this present parliament:"-and then observes, "that, "from the terms of the vote, we have no right to "annex the incapacitation to the expulsion only; "for that, as the proposition stands, it must arise equally from the expulsion and the commitment "to the Tower." I believe, Sir, no man, who knows any thing of Dialectics, or who understands English, will dispute the truth and fairness of this construction. But JUNIUS has a great authority to support him; which, to speak with the Duke of Grafton,

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Convicting Mr. Dyson, &c.] Mr. Jeremiah Dyson, the friend of Aikenside, was one of the clerks to the House of Commons, and a writer in the war of pamphlets, on the subject of the Middlesex election. Although, in common life, a worthy man, he had been guilty of that uncandid and pitiful inaccuracy of quotation, which JUNIUS is here said to have detected.

To speak with the Duke of Grafton, &c.] JUNIUS wishes, here, to

ridicule

Grafton, I accidentally met with this morning in the course of my reading. It contains an admonition, which cannot be repeated too often. Lord Sommers, in his excellent tract upon the Rights of the People, after reciting the votes of the convention of the 28. of January 1689, viz.-"That King "James the Second, having endeavoured to subvert "the constitution of this kingdom by breaking the original contract between King and people, and by the advice of Jesuits and other wicked persons having violated the fundamental laws, and having withdrawn himself out of this kingdom, "hath abdicated the government," &c.-makes this observation upon it: "The word abdicated re❝lates to all the clauses aforegoing, as well as to his

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deserting the kingdom, or else they would have "been wholly in vain." And that there might be no pretence for confining the abdication merely to the withdrawing, Lord Sommers farther observes, "that King James, by refusing to govern us according to that law by which he held the Crown, implicitly renounced his title to it."

IF JUNIUS'S Construction of the vote against Mr. Walpole be now admitted, (and indeed I cannot comprehend how it can honestly be disputed) the

ridicule the Duke, as making an ostentation of reading, to which he was little accustomed; and as boasting of having lighted easily on something that had probably been found for him with the exertion of great pains. But, this is malignity and injustice. The Duke of Grafton is confessedly a scholar; and is accustomed to find one of his favourite pleasures in a frequent converse with-books.

advocates

advocates of the House of Commons must either give up their precedent entirely, or be reduced to the necessity of maintaining one of the grossest absurdities imaginable, viz. "That a commitment "to the Tower is a constituent part of, and contri"butes half at least to, the incapacitation of the person who suffers it."

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I NEED not make you any excuse for endeavouring to keep alive the attention of the the decision of the Middlesex election.

public to The more

I consider it, the more I am convinced that, as a fact, it is indeed highly injurious to the rights of the people; but that, as a precedent, it is one of the most dangerous that ever was established against those who are to come after us. Yet, I am so far a moderate man, that I verily believe the majority of the House of Commons, when they passed this dangerous vote, neither understood the question, nor knew the consequence of what they were doing. Their motives were rather despicable, than criminal, in the extreme. One effect they certainly did not foresee. They are now reduced to such a situation, that if a member of the present House of Commons were to conduct himself ever, so improperly, and in reality deserve to be sent back to his constituents with a mark of dis

Yet, I am so far a moderate man, &c.] This observation is probably true. It, at least, eminently evinces JUNIUS's power of deep insight into human nature. The same praise is due to the concluding period of his Letter.

grace,

grace, they would not dare to expel him; because they know that the people, in order to try again the great question of right, or to thwart an odious House of Commons, would probably overlook his immediate unworthiness, and return the same person to parliament. But, in time, the precedent will gain strength. A future House of Commons will have no such apprehensions; consequently, will not scruple to follow a precedent which they did not establish. The Miser himself seldom lives to enjoy the fruit of his extortion; but his heir succeeds him of course, and takes possession without censure. No man expects him to make restitution; and, no matter for his title, he lives quietly upon the

estate.

PHILO JUNIUS.

Hh

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