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him, and tyranny of the vilest sort is expected, is indeed to shift for itself. Now, gentlemen, and an opportunity is given to hired and venal I have stated to you in general, what I look writers, to vent their malice for
money, against upon to be the import of this libel. If I was the best characters in the country, and against to mention even the passages, is there one of every character which they can be hired to them would fall short of the representation I insult for money.
All I desire is, that the line have given them? In the first place, the king may be fairly drawn, and justice so adminis. is supposed utterly ignorant of the duty of his tered, as to protect the general liberty of man office; in the next place, he is looked upon to kind; and out under the notion of protecting have a fixed prejudice against the character of the liberty of those that do wrong, encourage
an honest man. “Supposing him (says the them in licentiousness and destruction of all libel) made sensible at last of the great duty be Jaws human and divine, of all countries as well owes to his people.” as this, which all people will agree, upon the Is it fit that any magistrate should be talked principle of common sense, ought to be pro- of in that manner, much less is it fit, that the tected and defended. Gentlemen ; these are king should " that he should be made sensible the only principles upon which this prosecution of his own disgraceful situation"—is that the depends; and if the prosecution is not to be language for the first magistrate in this coansupported upon these principles, I desire it try? No matter how improbable thus the best may be rejected and abandoned, and I ought of characters of bonest meaning med, is reto be ashamed to maintain it at all. With re moved by such writers; but to be sure, that is gard to the present libel, the business of those a very unfair and unjust idea to give the perthat maintain this prosecution, is to prove son of a king, and yet they would have you these facts. The man that is charged with suppose, that is no libel at all. It is the baving printed and published this paper, has mistortine of your life, and originally the printed and has published a paper, in which cause of every reproach and distress which concerning the king, concerning the House has attended your government, that you sbould of Commons, concerning the great officers of never bare been acquainted with the language slate, concerning the public affairs of the of truth, till you found it in the complaints of realm, there are uttered things of such ten- your subjects.” Can a man be branded with dency and application, as ought to be punished. a more odious and disgraceful representation of Now, gentlemen, when I state the proposition him, than that he bad been so educated from 80, it will be very manifestly and obviously the beginning to the end of bis life, as to be understood I am proceeding, not only to prove utterly ignorant of the language of truth. The the fact of the present defendant baving printed stile, the insolent manner of it, is what will and published that paper, but to go so far into occur to any body. He desires him to disthe particular parts of that paper, as to prove tinguish between the permanent dignity of it does apply as the charges of ihe information a king, and that wbich serves only to promote express. To prove that it does apply, or to the temporary interest and miserable ainbirion consider it as a subject liable to discussion and of a minister. “You ascended the throve with doubt, is, wben I come to consider it, but an a declared, and, 1 doubt not, a sincere resoluinsult upon your understanding; for you have tion of giving universal satisfaction to your no one reproachful epithet, which is not, in the subjects. You found them pleased with the various slapes which a long jingle of words novelty of a young prince, whose couutenance could be turned into, put upon the person of promised even more than bis words, and loyal the king. He has been reviled throughout the to you, not only from priuciple, but passion. history of his life, from his birth to the present It was not a cold profession of allegiance to the moment. His education has been represented, first magistrate, but a partial, animated at:acbas converted to the most frivolous, to the most ment to a favourite prince, the native of their malignant purpose; his heart is represented, to country. They did not wait to examine your be corrupt to such a degree, to be abandoned conduct, nor to be determined by experience, 60, that all the sacred duties of the great trust but gave you a generous credit for the future reposed in him, have been violated : thus the blessings of your reign, and paid you in adpossible business of private contention, with a vance the dearest tribute of their affectious. character, for the purpose of making a king Such, Sir, was once the disposition of a people, more contemptible, he is represented as the who now surround your throne with reproaches most contemptible character upon earth. You and complaints. Do justice to yourself, banish have been told, in consequence of that, he has from your mind those unworthy opinions, with set upon edge against him the minds of all bis which some interested persons have laboured subjects; and in conclusion after that, the to possess you. Distrust the men who tell you king is threatened with another revolution, in the English are naturally light and inconstant, the stile of manifest rebellion, like new pro- that they complain without a cause. Withdraw claiming war. When we are come to that your confidence equally from all parties, from situation, when it shall be lawful for any man ministers, favourites, and relations, and let there in this country to speak of the sovereign in be one moment in your life in which you have terms attemptiog to fix upon him such con consulted your own understanding.” tempt, abhorrence, and hatred, there is an end Gentlemen ; is it fit that the first magistrale of all goveroment whatsoever, and then liberty of this country should be represented to his
A. D. 1770. (874 people in the way in wbich I have now stated daty to the crown as paramount to all other to you, as never having once consulted his own obligations whatsoever. To us, says the anounderstanding ? I do not even dwell upon the nymous writer, to us they are indebted for an epithets, which are the natural consequences of accidental existence. I wonder of what memtreating the person of the king in that manyer. ber he happens to be the elector! it would be
The next charge upon him, is, that he takes more honest if he was to sbew himself, that we a share in the varrow views, and fatal maliguity might know who he is. To us they are inof some individuals, and to sacrifice, conse debted for an accidental existence, and they quently, private objects under the government, have justly trausferred their gratitude from for the private purposes of gratifying pique and parents to benefactors, meaning from the elecresentment; then it mentions [that by the tors to the ministers; from those who gave peace] England was sold to France, and his them birth, to the minister, is the very expresmajesty was deserted and betrayed in it. But sion. Now, whatever may be the flippancy of the next article, the king is charged with, is some men's inanner of telling things, all orders what I mentioned to you before, which is, be of government, where the form of government has put bimself into the condition of an ene subsists, as well as in this country ; no man of my, a private enemy to an individual man. sense can admit that it ought to exist, and at For God's sake, why? What man could, with the same time it ought to be subjected to reout offending the laws, put himself in a situa. , proaches, at the pleasure of every man that tion, either to deserve, or actually to meet the thinks proper to put reproach upoo thein, by private enmity of the king; and, as I told you publishing a libel. I only wish to have those before, in order to lessen the king the more in two propositions examined. That two great your esteem, this gentleman 'is represented to bodies, whose whole benefit and existence, nay you, wbo, in the former part of his life had their authority, is to govern the whole nation ; acted upon a settled opinion, that there were and are they to be in the power of every man few excesses to which the character of an Eng- whatsoever to revile them with what personal lish gentleman might not be reconciler, and insolence of language he pleases ? Does this that he could take the same Jatitude in the come at all to the idea, that an honest man choice of political principles as he bad in the would allow his own opinion, under the preconduct of his private life. With regard to tence of discussing public subjects ? Will any the former, it seems to be somewhat singular. man of bonour say you may revile, with imI have always understood that principles, putations of reviling, the persons of men, with either moral or political, were fixed upon the out going any further? Is that a colour to cover consciences of men, and an honest man was this libel? After having treated the House of not at liberty to choose different principles. Commons thus, he returns again to the king, But this is all said with a view of lessening the and is pleased to threaten the king with an unicharacter of that gentleman, to make the con versal' revolt of all bis injured subjects. He clusion afterwards, that it is an unworthy con begins with the kingdom of Ireland, which he tention, and it is represented as unworthy) is pleased to call a plundered and oppressed and giving an air of ridicule to the difficulties, kingdom, with no more regard to truth than in which the king has been betrayed ; and understanding and knowledge enough of the making it a principle of government; ibat subject to keep up the probability ; for of all he had not only stretched every nerve of quarters of the world, he should not have looked government, but violated the constitution by an There for that sort of imputation, as he is pleased ill-advised personal resentment. · Is this lan to put it. And here he is introducing another guage to tell a king? If you were to tell a character upon the stage, merely for the sake common justice of peace, that in the adminis- of traducing the king afterwards; that is lord tration of the duty of his office, he had sacrificed Townshend. “ The people of Ireland every his duty to his resentment, I apprehend my day give you fresh marks of their resentment. Jord will agree with me, and I lay it down as a (speaking of the king) They despise the mi. proposition of law, you would be liable to be serable governor you have sent them, because prosecuted ; and if such a thing was published, he is the creature of lord Bute ; nor is it from it would be a libel if wrote upon him. And any natural confusion in their ideas;" po, they here we are come seriously to debate, whether are right enougb in that, lie supposes “that they telling the king he has not only sacrificed the are so ready to copfound the original of a king, duties of bis office, but betrayed the trust re with the disgraceful representation of him." poseil in him, and his articles were pot per- | This is the manner of talking to the king. I formed and all that to gratify ill-humour | have had the honour to converse and live with and resentment-if that is not a libel, I own Jord Townshend, as long as any body. All I my imagination cannot reach to what is a libel, have to say of bim, is, he is very far from deand I do not understand the subject the least in serving such a character. But I hope that the world, if it is not to be so understood. will not be taken as a very gross observation, After that, be is pleased to go to the House of that a man who bas lived with bim, dare to say Commons: with regard to them, he says he But I desire but one word concerning the can readily believe there is influence enough inmorality of that sort of conduct, that under to recall what they look upon as a pernicious the cover of anonymous publication, men are to vote. The House of Commons consider their bespalter in this kind of way, and in that
way reflect upon the condition of officers in another. If you bave any difficulty of imathis situation. If he sbould apply to a court of gining what ibat crown is, what bis title is, law, and subnit it to a jury, it ihey were not who is in possession of that title, acquired by deaf to bis complaints he would be relieved, one revolution, and what it is that is meant unless they were not disposed to protect his by another; they are difficulties that have character, and, upon the contrary, were to not yet occurred in any one coffee-house in take the part of a man, who under cover of this great metropolis, nor one place in the counan anonymous publication, attacks his cha- try, from one end to the other, wherever this racter in this manner, with this method of tack- libel has been published; such is the nature of ing to it at the end, ibat he was a proper re- the libel, with respect to that. Afier having presentative of the king.
stated to you, what I look upon to be the apThe next article is : “ He has taken a deci- plication of the paper, to the several articles sive personal part against the subjects of Ame. mentioned more particularly than all to the rica, and those subjects know how to distinguish king; and having laid before you what will be the sovereign and a venal parliament upon one the general form of the evidence, in order to side, from the real sentiments of the English prove the present defendant guilty of printing nation upon the other.” For God's sake, is that and publishing this paper, it will be for you tu no libel? To talk of the king, as taking a determine, if I may use a word that looks so part of an hostile sort against one branch of his like doubting the determining upon such a subjects, and at the same time to connect him question as this. If you have, any of you, in the article of acting in this manner with that any serious thoughts, whether the author of parliament, which he calls a venal parliament; this paper did mean the king ; and whetber be is that no libel? I beg leave to observe, con did mean the great officers, the lord lieutenant cerning what parts apply to him, that Eng- of Ireland, or any other; and whether be did land he has represented as being engaged in a mean concerning the officers of this country, quarrel against the king; and consequently, and endeavouring to set one party of the that he stands against them with a few una country against another; if you have any happy people, who are not at liberty to choose doubts upon that among yourselves, that will their principles; but fancy themselves bound admit you to acquit him. If you have do to uobappy principles ; those few men, he de doubts, and do return a verdici of acquittal sired to be understood, were the whole support, without such doubts, or that you return a rer. and the whole attachment to the king. Then | dict which the Court must understand in a dif. he goes to the partiality of his understanding ferent way, which the Court must construe disto the soldiers. Now it is worth your atten ferent from wbat you intend, then you find a tion, gentlemen, to see how very malignant the false verdict. For it lies upon you, to find a object of that man must be who wishes to set conclusion from the evideuce; or to say, whatthis party against the other; and tells the king ever we think of the evidence, and however he night learn to dread the undisguised reseni we are convinced of the conclusion, we are dement of people that are ready to meet their so termined to reject that evidence, and to deny vereign in the field. Then you see how ma- that conclusion, and to betray the sense of our lignant that must be, and how it applies, when own minds, rather than to execute the laws. you read that part with respect to the guards, But, gentlemen, upon the contrary, you where he says, “ when tbe distant legions took will proceed in the administration of justice the alarm, they marched to Rome and gave and the law, without adopting the part of the away the empire.” This is the representa- author, who has set himself up for the accuser tion of the occasion, upon which the guards of his king, and as yet bas not had the face to bad preferments lavished upon them, and the shew himself, though he has been the ran. cruelty with which the marching regiments corous enemy of so many people. had been treated, in order to raise a quarrel, in short, between them. Now, gentlemen, there
Daniel Crowder sworn. are an hundred different passages, in which
Examined by Mr. Morton. the king is told he has no good quality, but Crowder, what is your business ?–1 am an every bad one upon earth. He is bid to dis- assistant to the messenger of the press, Sir, card his little personal resentments, wbicb have Very well. Do you know the defendant so long directed bis public conduct. Is it not Jobn Miller?- I believe I know him, I believe shameful to talk in that manner? and in a he is in that quarter. thousanıl instances, too long and too disagree- Now, Sir, give my lord and the jury an acable to repeat, the king has been treated ibus, count, whether at any time, and when, you from the begioning to the end; and in con- bought the paper, which I believe you
have clusion, he is told what he is to expect next, in your hand.-[No answer. The paper prounless he conforms to this anonymous writer ; duced.] that is, another revolution ; and that the What is Miller? What business does he folprince who imitates the conduct of the Stuarts, low?-He is the publisher of the London should be warned by their example, and while Evening Post. he plumes himself upon the security of his title Now give an account where you bought that to the crown, should remember, that as it was paper.- I bought it at Mr. Miller's; it was acquired by one revolution, it may be lost by served to me by bis publisher,
What is his name?-His name is Phipps, I and when printed, brought into the office to be believe.
charged for the duty, one of each paper every Where did he serve you with it?“-In day. Queen's-Head Passage.
Whose servants bring them to be stampt?Is that the place where his business of print- Mr. Miller's. After they are stampt, the moing is carried on?-I never saw them print ney is sent, it may be by himself, or his serthere.
vants ; the money for 15,000 may be brought Is that the place where they are sold ?-It is together, then they are returned to the office the place where they are published.
after they are printed, for the number of adHave you frequently bought that paper at vertisements to be found out and charged with that shop? I have.
the duty. What pame do you call his shop where you Who pays for the advertisements ?--Mr. bought it?—The publishing roon; 1 do not Miller. It does happen sometimes that the know whether that is proper, but that is what number of papers may not be sold, then the they call it.
money is returned. At any time bave you been there, and have You say, the duty is returned ?-For the you seen the defendant ?-[No answer.). unsold, the duty is returned.
Whom did you buy it of?- I bought it of a How do you verify that?- They are returnJad, who is servant to Mr. Miller, they call him ed, and they make an affidavit that they Frank, and I think Phipps, I won't be certain made no profit of the papers, and then the as to that; he was always called Frank by stamps are returned again, and the duty is reevery body,
you at other times been at that place Who makes that affidavit ?-Mr. Miller. called the publishing room, for the paper that How is the account of the advertisements bears the name of the London Evening Post, settled ?-We settle it every month. and have you bought them there?-Yes, Sir, Who comes to settle with you ?-We charge every time they were published; either I, or
them. one belonging to me; I can't say always that Whom do you charge the London Eveping I have been there myself.
Post to ?-To Mr. Miller, Have you frequently ?-I have frequently. Who comes to pay you at the end of the Have
you waited at any time till the papers month ?-It may be two months, or it may be have been ready to be delivered ?—Very rarely. three months before they are paid. I have seen people wait and go up stairs, but Who comes?-May be Mr. Miller, may be they are generally the readiest of any body:
his porter. They are the most diligent of any others ? Does he come bimself frequently ?-Yes, They are in general the most forward.
sometimes. Jurymun. You bought that paper ? Does he settle and pay for the advertiseCrowder. Yes, gentlemen, I bought that paper.
ments ?-Yes. Mr. Morton. How long have you known Have
of Saturday December Frank Phipps, the lad you bought it of ?- 16, to Tuesday December 19, 1769 ? Crowder. I have known him ever since he began to publish that paper.
[The witness looks at his volume of papers How long is thai ? - About three quarters of and turns to that paper.] a year.
This is the paper sent from Mr. Miller to The London Evening Post read in court, No your office ?-Yes, Sir, they are brought into
our office. 26,572, that part of it signed Junius.
Mr. Wallace. The paper is of the same date, Robert Harris sworn.
and number 26,572.
Mr. Thurlow to the defendant's counsel. Examined by Mr. Wallace.
Do you ask this witness any questions? In what business are you? What office do Defendunt's Counsel. No. you belong to?— The Stamp-office.
Sol. Gen. Then we have done. What office do you hold there?—The register of painphlets and news-papers.
Serj. Glynn. Please your lordship, and you Pray, Sir, are news-papers brought to your gentlemen of the jury, to favour me in this office to be stampt?-Yes, Sir.
cause, in behalf of Mr. Miller, the defendant, Do you receive the duty for advertisements Gentlemen, the learned gentleman who opened in news-papers ?-Yes, Sir, I do.
the cause in support of the information, has Pray, Sir, do you know who the printer is told you, that of this publication, no lawyer, of the London Evening Post?-1 have it here. not a man of the profession in the kingdom, he [Looking at a large parcel of news-papers thinks will seriously avow,—the learned genbound together in a book.]
tleman who appears in support of the informaDo you know the defendant Miller ?-Yes, tion, has said, no man will seriously avow a I do.
defence and justification of the publication now Are papers brought to your office for print- under your consideration. Gentlemen, I have ing the London Evening Post on?—They are bad the misfortune to be very much misunderfirst brought to be stampt, and sent out blank, stood, if I gave any inference of myself, or any
admission of the least degree of guilt or crimi- | you; it is a case of a different sort; and I am pality in a similar publication to this. I en at a loss to guess how the word 'mercenary' tered into a defence as seriously, and as ar can bear any application to the present charge. dently wished, that such weak arguments as I have always in my own thouglsts distinmy understanding might furnish me with, guished between those that prostitute their own might be prevalent in that case, with that peus, and become the stipendiary instruments anxiety that always will attend questions of the of parties and ministers, and those pens which most important nature, and expecting an in are called forth in the defence of particular stant decision. I appear now, as then, avow, opinions, and only offer the discussions of those edly defending the publication of the paper. I opinions to the public. I have always thought approach with the same anxiety, and have it of the utenost importance, that the latter some relief to that anxiety, finding the deter- should be protected and encouraged. If io the mination of this important question in the hands paper here before you, you see no more than 1 of a jury of the principal citizens of London. profess I see, a writer called forth by ardent Gentlemen, I made no objection to that neglect zeal, for the safety of that sovereign which he and remissness, in convening a full jury here, thinks in danger, and for the safety of that persuaded as I am, that collect the jury where country whose rights are involved in the same they will, among the inhabitants of this me- danger, called out to deliver his opinion of that tropolis, it is impossible to find men with hearts in this publication; I am so far from thinking so foreign to the ideas they owe to liberty and that paper obnoxious to any degree of censure public justice as to allow the conviction of the and condemnation, that I think the author must present defendant. Gentlersen, my learned have been said to have acted a justifiable part, friend has said, that upon the last trial, no par- to have obeyed the call on a good citizen, in ticular passages were pointed out to which we conveying the alarm, and giving notice where thoughi proper to apply a particular vindica, he thought it necessary. My learned friend tion. The charge was general; the answer, I has the same idea of the matter now to be de. allow, was as general; and I think it seems as termined, upon the grounds on which you are proper and becoming to leave the construction to form your decision, that I entertain ; it lies of a paper to a jury of citizens, who are the entirely in your own breasts to determine it; most competent judges of what sense and con- and I would pot insinuate any thing that I struction belongs to a paper, unassisted by think they ought to adhere to, as I know you counsel. And if I did not enter into a defence to be a jury so well acquainted with your duty; of particular passages, it was because a general that no instructions are necessary. For we all charge was exhibited, and no particular pas- know, ibat in all times, the honest, intrepid, sages pointed out, as bearing an onjustifiable upright conduct of a jury must be the refuge construction. My learned friend says, be of the people of this kingdom. That has been knows no party so dangerous, as mercenary their security, when all other securities have writers employing their pens in the aspersion been taken away, and their liberties likewise. of private characters, or the misrepresentation They must and will, in the natural course and of public measures. I do most heartily agree evolution of things, flee again to the same asywith the gentleman, in a detestation of those lum; and upon that account, gentlemen that men who can be procured by any emoluments are called to exercise that important duty, do coming from any quarter, to prostitute their not want to be informed of that line of juris. pen to the calumniation, slander, and depre- diction that falls to them; that jurisdiction that ciating of the best characters in the king. they are to keep inviolable, and that jurisdicdoin. I do most beartily agree with him in tion upon wbich depends the security of every despising and contemning the authors; but l subject of this kingdom : and that jurisdiction, do look further, and I bestow the higher mea if once broke in upon, makes juries useless; sure of indignation and condemnation on that I and the practice and insult upon that substau, fountain from whence flows the encouragement tial benefit, the constitution boasts of in it, and to such pernicious prostitutivo. None of that the public have constantly reaped from it; sort has, however, been thought proper to be i that line of distinction the jury have to deter, brought before you, with regard io ihe great mine of the full matters before them, and I and respectable characters that have been at- believe I shall be in no degree contradicted, tacked, as they say they have acted with im when I shortly state the question you are to propriety in leaving the publisher to the pu- determine. Gentlemen, Dir. Miller is a citizen Dishment that a just and indignant public jury of London, and is charged with having sedi. will always inflict upon indigoant wriiers ; tiously published a paper reflecting upon and if that is to be pursued, it should be of person of the king ; vilifying
, and those writers there should be a reparation wrote with a view of exciting a sedition ; vili: sought for, to the constitution ; and those cha- fying the person of the king ; wrote with a racters that you see every day in daily publica- view of exciting sedition, with intent to alientions, publicly Jibelled and traduced, there ate the affections of the subjects from liis ma: might be reparation sought for to those great jesty. That is the general description of the characters, though they cannot be protected. charge against him before you. It is alleged from the scurrility of idalignant pens. But in the information, that it is a seditious libel
, gentlemen, none of the are brought before reflecting upon the king, bis administration of