grossly violated the laws, is, in effect, a cruelty to the peaceable subject who has observed them: and, even admitting the force of any alleviating circumstances, it is nevertheless true, that, in this instance, the royal compassion has interposed too soon. The legal and proper mercy of a King of England may remit the punishment, but ought not to stop the trial.

Besides these particular objections, there has been a cry raised against Junius, for his malice and injustice in attacking the Ministry upon an event which they could neither hinder nor foresee. This, I must affirm, is a false representation of his argument. He lays no stress upon the event itself, as a ground of accusation against the Ministry, but dwells entirely upon their subsequent conduct. He does not say that they are answerable for the offence, but for the scandalous neglect of their duty, in suffering an offence so flagrant to pass by without notice or enquiry. Supposing them ever so regardless of what they owe to the public, and as indifferent about the opinion, as they are about the interests of their country, what answer, as officers of the crown, will they give to Junius, when he asks them, Are they aware of the outrage offered to their Sovereign, when his own proper guard is ordered out to stop, by main force, the execution of his laws? And when we see a Ministry giving such a strange, unaccountable protection to the officers of the guards, is it unfair to suspect that

they have some secret and unwarrantable motives for their conduct? If they feel themselves injured by such a suspicion, why do they not immediately clear themselves from it by doing their duty? For the honour of the guards, I cannot help expressing another suspicion, that if the commanding officer had not received a secret injunction to the contrary, he would, in the ordinary course of his business, have applied for a court martial to try the two subalterns: the one for quitting his guard; the other for taking upon him the command of the guard, and employing it in the manner he did. I do not mean to enter into, or defend, the severity with which Junius treats the guards. On the contrary, I will suppose, for a moment, that they deserve a very different character. If this be true, in what light will they consider the conduct of the two subalterns, but as a general reproach and disgrace to the whole corps? And will they not wish to see them censured, in a military way, if it were only for the credit and discipline of the regiment?

Upon the whole, Sir, the Ministry seem to me to have taken a very improper advantage of the goodnature of the public, whose humanity, they found, considered nothing in this affair but the distress of General Gansel. They would persuade us, that it was only a common rescue by a few disorderly soldiers, and not the formal, deliberate act of the King's guard, headed by an officer; and the public has fallen into the deception. I think, therefore, we are obliged to

Junius for the care he has taken to enquire into the facts, and for the just commentary with which he has given them to the world. For my own part, I am as unwilling as any man to load the unfortunate; but really, Sir, the precedent, with respect to the guards, is of a most important nature, and alarming enough (considering the consequences with which it may be attended) to deserve a parliamentary enquiry. When the guards are daring enough, not only to violate their own discipline, but publicly, and with the most atrocious violence, to stop the execution of the laws, and when such extraordinary offences pass with impunity, believe me, Sir, the precedent strikes deep.

I ADMIT the claim of a gentleman, who publishes in the Gazetteer under the name of Modestus. He has some right to expect an answer from me; though, I think, not so much from the merit or

importance of his objections, as from my own voluntary engagement. I had a reason for not taking notice of him sooner, which, as he is a candid person, I believe, he will think sufficient. In my first letter, I took for granted, from the time which had elasped, that there was no intention to censure, or even to try, the persons concerned in the rescue of General Gansel but Modestus having since either affirmed, or strongly insinuated, that the offenders might still be brought to a legal trial, any attempt to prejudge the cause, or to prejudice the minds of a jury, or a courtmartial, would be highly improper.

A man more hostile to the Ministry than I am, would not so often remind them of their duty. If the Duke of Grafton will not perform the duty of his station, why is he Minister? I will not descend to a scurrilous altercation with any man; but this is a subject too important to be passed over with silent indifference. If the gentlemen, whose conduct is in question, are not brought to a trial, the Duke of Grafton shall hear from me again.

The motives on which I am supposed to have taken up this cause are of little importance, compared with the facts themselves, and the observations I have made upon them. Without a vain profession of integrity, which in these times might justly be suspected, I shall shew myself, in effect, a friend to the interests of my countrymen; and leave it to them to

determine, whether I am moved by a personal malevolence to three private gentlemen, or merely by a hope of perplexing the Ministry; or, whether I am animated by a just and honourable purpose of obtaining a satisfaction to the laws of this country, equal, if possible, to the violation they have suffered.

JUNIUS.

LETTER XXXIII.

TO HIS GRACE THE DUKE OF GRAFTON.

MY LORD,

November 29, 1769.

You

THOUGH my opinion of your Grace's integrity was but little affected by the coyness with which you received Mr. Vaughan's proposals, I confess I give you some credit for your discretion. had a fair opportunity of displaying a certain delicacy, of which you had not been suspected, and you were in the right to make use of it. By laying in a moderate stock of reputation, you undoubtedly meant to provide for the future necessities of your character, that, with an honourable resistance upon record, you might safely indulge your genius, and yield to a favourite inclination with security. But you have dis covered your purposes too soon; and, instead of the