A Modern History, From the Time of Luther to the Fall of Napoleon / For the Use of Schools and Colleges

by John Lord

Mr. Wilkes was a member of parliament, but a man of ruined fortunes and profligate morals. As his circumstances were desperate, he applied to the ministry for some post of emolument; but his application was rejected. Failure enraged him, and he swore revenge, and resolved to libel the ministers, under the pretext of exercising the liberty of the press. He was editor of the North Briton, a periodical publication of some talent, but more bitterness. In the forty-fifth number, he assailed the king, charging him with a direct falsehood. The charge should have been dismissed with contempt; for it was against the dignity of the government to refute an infamous slander. But, in an evil hour, it was thought expedient to vindicate the honor of the sovereign; and a warrant was therefore issued against the editor, publisher, and printer of the publication. The officers of the law entered Wilkes's house late one evening, seized his papers, and committed him to the Tower. He sued out a writ of habeas corpus, in consequence of which he was brought up to Westminster Hall. Being a member of parliament, and a man of considerable abilities and influence, his case attracted attention. The judges decided that his arrest was illegal, since a member of parliament could not be imprisoned except for treason, felony, or breach of the peace. He had not committed any of these crimes, for a libel had only a tendency to disturb the peace. Still, had he been a private person, his imprisonment would have been legal; but being unconstitutional, he was discharged. Lord Chief Justice Pratt gained great popularity by his charge in favor of the liberation of Wilkes, and ever nobly defended constitutional liberty. He is better known as Lord Camden, the able lord chancellor and statesman during a succeeding administration, and one of the greatest lawyers England has produced, ranking with Lord Hardwicke, Lord Ellenborough, and Lord Eldon.

After the discharge of Wilkes, the attorney-general was then ordered to commence a state Prosecution of Wilkes. prosecution, and he was arraigned at the bar of the House of Commons. It was voted, by a great majority, that the forty-fifth number of the North Briton was a scandalous and seditious libel, and tending to excite traitorous insurrections. It was further voted that the paper should be burned by the common hangman. Wilkes then complained to the House of a breach of privilege, which complaint, being regular, was considered. But the Commons decided that the privilege of parliament does not extend to a libel, which resolution was against the decision of the Court of Common Pleas, and the precedents upon record in their own journals. However scandalous and vulgar the vituperation of Wilkes, and especially disgraceful in a member of parliament, still his prosecution was an attack on the constitution. Wilkes was arrested on what is called a general warrant, which, if often resorted to, would be fatal to the liberties of the people. Many, who strongly disliked the libeller, still defended him in this instance, among whom were Pitt, Beckford, Legge, Yorke, and Sir George Saville. But party spirit and detestation of Wilkes triumphed over the constitution, and the liberties of members of parliament were abridged even by themselves. But Wilkes was not discouraged, and immediately brought an action, in Westminster Hall, against the Earl of Halifax, the secretary of state, for seizing his papers, and, after a hearing of fifteen hours, before Lord Chief Justice Pratt and a special jury, obtained a verdict in his favor of one thousand pounds damages and costs.

While the Commons were prosecuting Wilkes for a libel, the Lords also continued the prosecution. Wilkes, in conjunction with Potter, a dissipated son of Archbishop Potter, during some of their bacchanalian revels, had written a blasphemous and obscene poem, after the model of Pope's Essay on Man, called An Essay on Woman. The satire was not published, but a few copies of it were printed privately for the authors. Lord Sandwich had contrived to secure a copy of it, and read it before the House; and the Lords, indignant and disgusted, voted an address to the king to institute a prosecution against the author. The Lords, by so doing, departed from the dignity of their order, and their ordinary functions, and their persecution served to strengthen, instead of weaken, the cause of Wilkes.

Associated with him, in his writings and his revels, was the poet Churchill. Churchill, a clergyman of the Establishment, but as open a contemner of decency as Wilkes himself. For some years, his poetry had proved as bad as his sermons, his time being spent in low dissipation. An ill-natured criticism on his writings called forth his energies, and he started, all at once, a giant in numbers, with all the fire of Dryden and all the harmony of Pope. Imagination, wit, strength, and sense, were crowded into his compositions; but he was careless of both matter and manner, and wrote just what came in his way. "This bacchanalian priest," says Horace Walpole, "now mouthing patriotism, and now venting libertinism, the scourge of bad men, and scarce better than the worst, debauching wives, and protecting his gown by the weight of his fist, engaged with Wilkes in his war on the Scots, and set himself up as the Hercules that was to cleanse the state and punish its oppressors. And true it is, the storm that saved us was raised in taverns and night-cellars; so much more effectual were the orgies of Churchill and Wilkes than the dagger of Cato and Brutus. Earl Temple joined them in mischief and dissipation, and whispered where they might find torches, though he took care never to be seen to light one himself. This triumvirate has even made me reflect that nations are most commonly saved by the worst men in them. The virtuous are too scrupulous to go the lengths which are necessary to rouse the people against their tyrants."

The ferment created by the prosecution of Wilkes led to the resignation of Mr. Grenville, in 1765, and the Marquis of Rockingham succeeded him as head of the administration. He continued, however, the prosecution. He retained his place but a few months, and was succeeded by the Grafton's Administration. Duke of Grafton, the object of such virulent invective in the Letters of Junius, a work without elevation of sentiment, without any appeal to generous principle, without recognition of the eternal laws of justice, and without truthfulness, and yet a work which produced a great sensation, and is to this day regarded as a masterpiece of savage and unscrupulous sarcasm. The Duke of Grafton had the same views as his predecessor respecting Wilkes, who had the audacity, notwithstanding the sentence of outlawry which had been passed against him, to return from Paris, to which he had, for a time, retired, and to appear publicly at Guildhall, and offer himself as a candidate for the city of London. He was contemptuously rejected, but succeeded in being elected as member for Middlesex county.

Mr. Wilkes, however, recognizing the outlawry that had been passed against him, surrendered himself to the jurisdiction of the Court of the King's Bench, which was then presided over by Lord Mansfield. This great lawyer and jurist confirmed the verdicts against him, and sentenced him to pay a fine of one thousand pounds, to suffer two years' imprisonment, and to find security for good behavior for seven years. This sentence was odious and severe, and the more unjustifiable in view of the arbitrary and unprecedented alteration of the records on the very night preceding the trial.

The multitude, enraged, rescued their Popularity of Wilkes. idol from the officers of the law, as they were conducting him to prison, and carried him with triumph through the city; but, through his entreaties, they were prevailed upon to abstain from further acts of outrage. Mr. Wilkes again surrendered himself, and was confined in prison. When the Commons met, Wilkes was again expelled, in order to satisfy the vengeance of the court. But the electors of Middlesex again returned him to parliament, and the Commons voted that, being once expelled, he was incapable of sitting, even if elected, in the same parliament. The electors of Middlesex, equally determined with the Commons, chose him, for a third time, their representative; and the election, for the third time, was declared void by the commons. In order to terminate the contest, Colonel Lutterell, a member of the House, vacated his seat, and offered himself a candidate for Middlesex. He received two hundred and ninety-six votes, and Wilkes twelve hundred and forty-three, but Lutterell was declared duly elected by the Commons, and took his seat for Middlesex.

This decision threw the whole nation into a ferment, and was plainly an outrage on the freedom of elections; and it was so considered by some of the most eminent men in England, even by those who despised the character of Wilkes. Lord Chatham, from his seat, declared "that the laws were despised, trampled upon, destroyed; those laws which had been made by the stern virtues of our ancestors, those iron barons of old, to whose spirit in the hour of contest, and to whose fortitude in the triumph of victory, the silken barons of this day owe all their honors and security."

Mr. Wilkes subsequently triumphed; the Commons grew weary of a contest which brought no advantage and much ignominy, and the prosecution was dropped; but not until the subject of it had been made Lord Mayor of London. From 1768 to 1772, he was the sole unrivalled political idol of the people, who lavished on him all in their power to bestow. They subscribed twenty thousand pounds for the payment of his debts, besides gifts of plate, wine, and household goods. Every wall bore his name and every window his picture. In china, bronze, or marble, he stood upon the chimney-pieces of half the houses in London, and he swung from the sign-board of every village, and every great road in the environs of the metropolis. In 1770 he was discharged from his imprisonment, in 1771 was permitted to take his seat, and elected mayor. From 1776, his popularity declined, and he became involved in pecuniary difficulties. He, however, emerged from them, and enjoyed a quiet office until his death (1797.) He was a patriot from accident, and not from principle, and corrupt in his morals; but he was a gentleman of elegant manners and cultivated taste. He was the most popular political character ever known in England; and his name, at one time, was sufficient to blow up the flames of sedition, and excite the lower orders to acts of violence bordering on madness.

During his prosecution, important events occurred, of greater moment to the world. The disputes about the Taxation of the Colonies. taxation of America led to the establishment of a new republic, whose extent and grandeur have never been equalled, and whose future greatness cannot well be exaggerated.