"that the expulsion of any member of the House of "Commons creates in him an incapacity of being re"elected; that any votes given to him at a subsequent "election, are, in consequence of such incapacity, " null and void; and that any other candidate, who, "except the person rendered incapable, has the greatest number of votes, ought to be the sitting "member."

But our business is not yet quite finished. Mr. Walpole's case must have a re-hearing. "It is not "possible," says this writer, "to conceive a case "more exactly in point. Mr. Walpole was expelled, ❝and, having a majority of votes at the next election, "was returned again. The friends of Mr. Taylor, a "candidate set up by the ministry, petitioned the "House that he might be the sitting member. Thus "far the circumstances tally exactly; except that .« our House of Commons saved Mr. Luttrell the "trouble of petitioning. The point of law, however, " was the same. It came regularly before the House, "and it was their business to determine upon it. "They did determine it; for they declared Mr. Tay"lor not duly elected."

Instead of examining the justness of this representation, I shall beg leave to oppose against it my own view of the case, in as plain a manner, and as few words, as I am able.

It was the known and established law of Parliament, when the charge against Mr. Walpole came before the House of Commons, that they had power to expel, to disable, and to render incapable for offences. In virtue of this power they expelled him.

Had they, in the very vote of expulsion, adjudged him, in terms, to be incapable of being re-elected, there must have been at once an end with him. But though the right of the House, both to expel, and adjudge incapable, was clear and indubitable, it does not appear to me, that the full operation and effect of a vote of expulsion singly was so. The law in this case had never been expressly declared; there had been no event to call up such a declaration. Itrouble not myself with the grammatical meaning of the word expulsion; I regard only its legal meaning. This was not, as I think, precisely fixed. The House thought proper to fix it, and explicitly to declare the full con sequences of their former vote, before they suffered these consequences to take effect: And in this pro. ceeding they acted upon the most liberal and solid principles of equity, justice, and law. What then did the burgesses of Lynn collect from the second vote? Their subsequent conduct will tell us; it will with certainty tell us, that they considered it as decisive against Mr. Walpole. It will also, with equal certainty, tell us, that, upon supposition that the law of election stood then as it does now, and that

they knew it to stand thus, they inferred, "that, at a "future election, and in case of a similar return, the "house would receive the same candidate, as duly "elected, whom they had before rejected." could infer nothing but this.

They

It is needless to repeat the circumstance of dissimilarity in the present case: It will be sufficient to observe, that, as the law of Parliament, upon which the House of Commons grounded every step of their proceedings was clear beyond the reach of doubt, so neither could the freeholders of Middlesex be at a loss to foresee what must be the inevitable consequence of their proceedings in opposition to it; for, upon every return of Mr. Wilkes, the house made enquiry whether any votes were given to any other candidate.

But I could venture, for the experiment's sake even to give this writer the utmost he asks; to allow the most perfect similarity throughout, in these two cases; to allow that the law of expulsion was quite as clear to the burgesses of Lynn as to the freeholders of Middlesex. It will, I am confident, avail his cause but little. It will only prove, that the law of election, at that time, was different from the present law. It will prove, that, in all cases of an incapable candidate returned, the law then was, that the whole election should be void. But now we know that this is not law. The cases of Malden and Bedford were, as has

been seen, determined upon other and more just principles. And these determinations are, I imagine, admitted on all sides to be law.

I would willingly draw a veil over the remaining part of this paper. It is astonishing, it is painful, to see men of parts and ability giving into the most unworthy artifices, and descending so much below their true line of character. But, if they are not the dupes of their sophistry, (which is hardly to be conceived) let them consider that they are something much worse.

The dearest interests of this country are its laws, and its constitution. Against every attack upon these there will, I hope, be always found amongst us the firmest spirit of resistance; superior to the united efforts of faction and ambition. For, ambition, though it does not always take the lead of faction, will be sure, in the end, to make the most fatal advantage of it, and draw it to its own purposes. But, I trust, our day of trial is yet far off; and there is a fund of good sense in this country, which cannot long be deceived by the arts either of false reasoning, or false patriotism.

LETTER XX.

TO THE

PRINTER OF THE PUBLIC ADVERTISER.

SIR,

August 8, 1769.

THE gentleman who has published an answer to Sir William Meredith's pamphlet, having honoured me with a postscript of six quarto pages, which he moderately calls bestowing a very few words upon me, I cannot, in common politeness, refuse him a reply. The form and magnitude of a quarto imposes upon the mind; and men, who are unequal to the labour of discussing an intricate argument, or wish to avoid it, are willing enough to suppose that much has been proved, because much has been said. Mine, I confess, are humble labours. I do not presume to instruct the learned, but simply to inform the body of the people; and I prefer that channel of conveyance which is likely to spread farthest among them. The advocates of the Ministry seem to me to write for fame, and to flatter themselves, that the size of their works will make them immortal. They pile up reluctant quarto upon solid folio, as if their labours, because they are gigantic, could contend with truth and heaven.