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Full text of "An account of the trial of Thomas Muir, Esq. younger, of Huntershill, before the High Court of Justiciary at Edinburgh, on the 30th and 31st days of August, 1793, for sedition"

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AN 

ACCOUNT 

OF     THE 


OF 


THOMAS     M  U  I  R, 

ESO^  YOUNGER,   OF  HUNTERSHILL, 

BEFORE     THE 

HIGH  COURT  OF  JUSTlCURr  JT  EDINBURGH, 
On  the  ^ctb  and  3  iji  days  of  Auguil,  i  yg^, 

F  O  S. 

SEDITION, 


Dedimus  profedo  grande  patientias  documentnm  ;  et  ficut  vetus  aetas 
vidit,  quid  ultimum  in  Uhertate  eiTet ;  ita  nos  quid  in  fervitufe,  ad- 
empto  per  inquijitiones  et  loquendi  audiendique  commercio.    '^ACl  T. 


—NEW-YORK— 
PRINTED  AND  SOLD  BY    SAMUEL  CAMPBELL 
NO.   ly^  HANOVER-SQIIARE. 
1794. 


.4cd^^/a-H(f) 


Tolbooth^  Edinburgh,  September  16,  1793. 
SIXTH  MONTH  OF  MY  IMPRISONMENT.  « 


TO  THE  PlJBLICo 

•"  I  ^HE  Publifher  makes  no  apology  for  the 
JL  delay  of  the  account  of  this  trial.  His 
objecl  was  not  to  gratify  the  tranfient  curioH-* 
ty  of  the  prefent  day,  but  to  prefent  to  his 
countrymen  the  faithful  record  of  a  tranfac- 
tion  which  implicates  fome  of  their  moft  ma- 
terial interefts.  Truth  and  accuracy  were 
what  he  chiefly  ftudied.  He  wifhes  that  fe« 
veral  of  his  coternporaries,  who  have  likewife 
exhibited  an  account  of  this  trial;,  had  been  ac- 
tuated by  the  fame  principles. 

He  Is  greatly  indebted  to  feveral  gentlemen^ 
who  liberally  furnifhed  him  with  notes  of  the 
evidence.     In  particular^  he  begs  leave  to  ex- 

A  z  preft 


(4) 

prefs  his  warmefl:  acknowledgements  to  Mr. 
Moffat,  the  friend  of  Mr.  Muir,  who  attended 
him  in  the  court.  From  the  pecuUar  fituation 
of  the  Publifher,  it  would  be  improper  in  him 
to  fpeak  of  Mr.  Muir  himfelf.  It  is  fufficient 
to  fay,  that  at  his  requeft  he  took  the  trouble 
to  look  over  the  notes  .which  were  taken  of  the 
fpeech  delivered  to  the  Jury,  and  he  has  the  au- 
thority of  that  gentleman,  for  declaring,  that  he 
believes  that  the  account  given  of  that  fpeech, 
is  as  accurate  as  could  poffibly  be  prefented,  of 
v/hat  was,  to  all,  evidently  delivered  without 
previous  preparation,  and  entirely  regulat- 
ed by  the  circumftances  which  occurred  in  . 
the  courfe  of  the  trial,  and  which  came  out  in 
the  evidence. 

James  Robertson. 


jL    jTX  JR» 


PREFACE. 


■^<••A.•:, 


N  the  following  flieets  we  have  particularly  attended  to  fidelity  la 
compilation  and  detail—We  jiin  not  to  injure  our  coteinporaries,  bv 
arrogating  fuperior  merit  :  All  will,  we  truil,  contribute  to  the  gene-, 
ral  objeft,  which  ought  to  be  the  exhibiting  to  the  Public  a  candid 
llaternent  of  this  very  momentous  and  intereiting  Iryal-  Vv^e  have 
taken  the  liberty  of  prefixing  a  few  general  obfervations,  not  from  a 
wiih  to  prejudice  the  mind,  or  warp  the  underrtanding  of  the  reader — 
not  with  a  delip-]i  lo  arraig-n  the  juirice  of  the  fentence  of  the  Crinrinal 
Court,  or  to  excite  hatred  oroppontion  to  the  orders  of  judicial  autho- 
rity ;  but  as  a  debt  which  we  owe  to  the  c.'.ule  of  Liberty  and  Reform. 

From  the  period  immediately  iucceeding  the  PtevolLition  until  the 
prefent  moment,  the  theme  of  every  lover  of  his  Country  has  been  a 
Parliame-ntarv  liefonn  in  the  Commons  Koufe.  The  Patriot  efreemed 
it  as  the  only  bulwark  yq-ainu  the  encroachments  of  defpotical  power--- 
the  Statefman  calculated  its  beneficial  confequences  to  Society  ;  and,  i;i 
the  energetic  lang-uan-e  of  the  illuitrious  Chatham,  iiiled  it,   '*'  The  in, 

^  cy  cy        try  ,  '  ^ 

fuimg-a  new  portion  of  health  into  the  vitals  of  the  conliitution  •,"—j 
while  the  Philofopher  beheld  in  it  the  reign  of  Ptealbn,  and  the  triumph 
of  1  ruth- 

The  conteft  with  America  involved  in  it,  not  barely  the  authority 
of  the  mother  country  over  our  Colonies,  but  alio  the  natural  and  im- 
prefcriptable  Rights  of  Man.  The  duties  and  the  prerogatives  of  a 
member  of  the  body  Ibcial,  and  the  abHraft  principles  of  political  philo- 
fophy  became  the  topics  of  univerfal  dilculfion.  I'hinkiug  menfavv  no 
evil  in  the  downfal  of  ig.jorance  and  firperdition ;  they  viewed,  v/ith 
pleafure,  the  general  diiTemination  of  knowledge,  and  hailed  the  fun  of 
realon  as  it  daily  burfted  throu'oh  the  clouds  of  oremdice- 

T  •  •  •  ,. 

in  1782,  while  this  country  was  imh^crging  v/ith  rapidity  into  the 
abyfs  ofdefri-uclion,  a  meeting  of  Gentlemen  pledged  the. iifelves  as  the 
advocates  of  Pieform.  Amcngd  thefe  '  were  men,  whom  the  nation 
fondly  numbered  among  their  friends,  and  honoured  as  the  proDs  of 
the  Liberties  of  Britain.  But  mark  the  hlue  !  I'hefe  deceptive  ftduc 
ers  having,  under  the  malk  of  public  vinue,  and  the  fembiance  of  j,a„ 
triotifm,  obtruded  themfelves  into  the  higher  oSces  of  ihiLe,  bnfclv  a^ 
handoned  the  caufe  of  reaibn  and  the  people.  Hence,  iei  r'OLi'vj-ri 
learn  to  appreciate  that  invaluablr:  rrecc:  t,  fo  ^Vi^.x  i..vu:.._.i;^,  .^ 
'■'  trzijl  to  princi^jhs  and  no:  to  met,''"  "      ,  . 


(  "  ) 

Again,  in  1792,  a  number  of  Patriotic  Gentlemen  having  conven- 
ed, for  the  purpofe  of  interchanging  their  fentiments  on  the  fubjea 
of  a  Parliamentary  Reform,  publilbed  a  Declaration,  which  was  an- 
nounced in  the  newfpapers  of  the  day. 


DECLARATION 

Jgreed  to  on  the  nth  of  April  1792,  hy  that  Society  > 


*•  A  number  of  perfons  having  feriou/ly  reviewed  and  confidered 
ilie  aaual  fituation  of  public  affairs,  and  ftate  of  the  kingdom,  and 
having  communicated  to  each  other  their  opinions  on  thofe  fnbjefts, 
have  agreed  and  determined  to  inflitute  a  Society  for  the  purpofe  of 
propcling  to  Parliament  and  to  the  Country,  and  of  promoting,  to 
the  utraoft  of  their  power,  the  following  Conilitutional  Objefts, 
making  the  prefervation  of  the  Conftitution,  on  its  true  principles, 
the  foundation  of  all  their  proceedings  : — — 

Firfl— To  redore  the  Freedom  of  Eleftion,  and  a  more  Equal  Re- 
prefentation  of  the  People  in  Parliament- 

Second — To  fecare  to  the  People  a  more  frequent  Exercife  of  their 
Right  of  Eleding  their  Reprefentativea. 

The  perfons  who  have  figned  their  names  to  this  agreement,  think 
that  thefe  two  fundamental  meafures  will  furnifli  the  power  and  the 
means  of  correfting  the  abufes,  which  appear  to  them  to  have  arifen 
from  a  negled  of  the  acknowledged  principles  of  the  Conflitution, 
and  of  accomplifhing  thofe  fubordinate  objefts  of  Reform,  which 
they  deem  to  be  effential  to  the  Liberties  of  the  People,  and  to  the 
good  Government  of  the  Kingdom." 


—  SIGNED    BY — 


Charles  Grey,  Efq.  M.  P. 
Hon.  T.  Maiiland,  M.  P. 
Georpe  Rous,  Efq. 
William.  Cunningharae,  Efq. 
John  Tweddell,  Efq. 
Earl  of  Lauderdale, 
Nicolls  Raynsford,  Efq. 
James  Mackintofh,  Efq. 
Thomas  Chriftie,  Efq. 
Malcolm  Laing,  Efq. 
Right  Hon,  Lord  Kinnaird 
James  Archdekin,  Efq. 
lYilliam  Harwood,  Efq. 


John  Hurford  Stone,  Efq. 

W.  H.  Lambton,  Efq.  JVl.  P. 

John  Godfrey,  Efq. 

George  Tieiney,  Efq. 

Arthur  Piggott,  Efq. 

J.  B.  Church,  Efq.  M.  P, 

Gilbert  Ironfide,  Efq. 

T.  B.  Hoilis,  Efq. 

S.  Whitbread,  jun.  Efq.    M.  P. 

Sir  J.  Throckmorton,  Bart., 

M.  A.  Taylor,  Efq.  M.  p. 

William  Breton,  Efq. 

Thomas  Rogers,  Erfq. 


C    iii    } 


David  Godfrey,  Efq^o 

Higgins  llden,  Efq^ 

Philip  Francis,  Efq-  M-  Po 

Charles  Goring,  Efq- 

Mr.  ISerjeant  Bond, 

William  Lulhington,  Efq« 

Samuel  Rogers,  Efq- 

Peregrine  Dealtry,  Efq» 

R.  B.  Sheridan,  Efq.  M.  P. 

William  Fullarton,  Efq 

Norman  Macleod,  Efq.  M.  P. 

James  Lofh,  Efq- 

Mr.  Alderman  Sawbridge,  M.P. 

Richard  Weld,  Efq. 

John  Claridge,  Efq. 

John  Wharton,  Ef^.  M.  P« 

James  Martin,  Efq.  M.  P. 

William  Smith,  Efq.  M.  P. 

John  ^cott,  Efq.  M.  P. 

Sir  Bellingham  Graham,  Bart? 

George  Byng,  Efq.  M.  P. 

John  CartTsi/right,  Efq. 

Jer.  Batley,  Efq. 

Ralph  Carr,  jun.  Efq. 

Ralph  Milbank^,  Efq.  M.  V, 

Henry  Howard,  Efq. 

B.  E.  Howard,  Efq. 

E.  B.  Clive,  Eiq. 

Henry  Howard,  Efq.  M-  P? 

John  Leach,  Eiq. 

John  Nicholls,  Efq? 

Jofeph  Richardfon,  Efq. 

John  Towgood,  Efq. 

William  Chifholm,  Efq, 

John  Fazakerlj,  Efq 

Richard  S.  Milnes,  Eiq.  M.  ?? 

Samuel  Shore,  Efq. 

Samuel  Shore,  jun.  Efq. 

Charles  Warren,  Efq. 

Long  Kinfman,  Efq. 

Edv^ard  J.  Curtis,  Efq. 

Samuel  Long,  Efq.  M-  P. 

John  Burdeau,  Efq- 

T.  B.  Rous,  Efq. 

D.  O'Bryen,  Efq. 

J-  Lodge  Batley,  Efq. 

Robert  Slade,  Efq. 

Francis  Kemble,  Ejq. 


Hon.  Thomas  Erlkine,  M.  P. 

R.  Knight,  Efq. 

Thomas  Thomfon,  Efq.  M-  P. 

Colonel  Tarleton,  M,  P. 

James  Weft,  Efq. 

R.  Carpenter  Smith,  Efq. 

W.  Powlett,  Efq.  M.  p. 

George  Livias,  Efq. 

Right  Hon.  Lord  Daer, 

Hon.  John  Dou.glas, 

Rev.  IDr.  Kippis, 

James  Jacque,  Efq. 

Francis  Love  Beckford,  Efq, 

Adam  Walker,  Efq. 

Richard  Sharp,  Efq. 

Rev.  Dr.  Jofeph  Towers, 

John  Furnell  TufFen,  Ef<|. 

John  Clerk,  Efq. 

Thomas  Bell,  Efq- 

John  Wilfon,  Efq. 

Andrew  Stirling,  Efq. 

Richard  Heavifide,  Efq^ 

Mr.  Alderjpan  Combe, 

Robert  Merry,  Efq. 

George  Shum,  Efq. 

J.  G.  Lemaiftre,  Efq. 

James  Perry,  Efq. 

Henry  Clifford,  Efq. 

John  Crookflhanks,  Efq^ 

John  Pratt,  Efq. 

W.  Maxwell,  Efq. 

T.  Hill,  Efq, 

J.  C.  Fently,  Efq. 

Thomas  Bell,  jun.  Efq, 

Richard  Wilfon,  Efq. 

Mr.  J.  Jarvis, 

C.  F.  Ward  Efq. 

Rev.  C.  Powlett, 

William  White,  Efq. 

T.  Holt  White,  Efq. 

W.  Stone,  Efq. 

Jofhua  Girby,  Efq. 

Robert  Aitken,  Efq. 

Jofeph  Spurrel,  Efq. 

Thomas  Nevill,  Efq. 

T.  Rutt,  Efq. 

J.  Philips,  Efq. 

J.  Porter,  Efq. 


C      ivr 


^ 


Wi;il?tr.  Sharp,  Efcj.  J.  B.  Gawler,  Efq. 

John  Barnes,  Efq.  Rev.  J.  C.  Banks,  , 

Jofeph  Rufe,  Efq*  Bertie  Greatheed,  Efq- 

T.  Gordon,  Efq.  Thomas  Crookenden,  Efq. 

Mr.  J.  Griffin,    .  Ben.  Bakewell,  Efq. 

Mr.  Edward  Hall,  Col.  Haftings, 

William  Kolville,  Efq.  D.  E-  Macdonnel,  Efq^ 

John  Pvedman,  Efq. 

NLTt-RfJident  MemLers  zuIjo  have  Jigied  the  ]jedaratlo!U 

Hight  Hon-  Earl  of  Buchan,  W.  Davj,  Efq.  Devonfhire, 

isir  J.  E-  Swinburne,  Bart.  James  Milnes,   Efq.  Yorkflnre, 

Protcffor  Millar,  Robert  Monteith, Efq- GUfgow, 

G.  Lloyd,  Efq-  SiifLlk,  J.  Richardfon.  Efq.  Giafgow, 

A¥.  Beliam,  Efq.  Bedford,  J.  Lolh,  Efq.  Curaberlar.d, - 

Capel  Loft,  Suffolk,  J^  Grigby,  jun.  Efq.  i^uflblk. 

-  ■  I 

Treafarers^ 

night  Hon.  Lord  Kinnaird.  George  Tiernej,  Efq- 

Such  are  the  generous  purpofes  of  this  AiTociation  :  And  on  firra- 
Jar  prinoi^ies,  and  with  the  famie  obje£ls  in  view,  hax'e  the  numerous 
Societies  of  the  Friends  of  the  People  been  int1itut;d.  Calumny 
has,  however^  creeled  her  baneful  ir.fluetice  :  The  public  peculator 
beheld,  with  difmay,  the  geweral  fpvead  of  political  knowledge,  ar.d 
availing  himfelf  of  the  troubles  in  France,  began  the  cry  ot  dpt^er 
3n  Church  and  State.  The  niifreprefentalions  of  detvattion  mifitd 
jnany  feniible  men.  and  induced-them  to  oppo'e  Reform.  Ti'mt^h.::.- 
demonlhated  the  fallacy  of  thcfe:  accufations  ;  and  ihe  rejcftlon  r .. ' 
their  petition^'-was- univerfally  received  •.■  irh  refpecllul  tra'.iGuilit'-. 
To  traduce  virtuous  iritentian.  .is  in  private  life  the  refource  of  ;he 
lurking  alTaUin  ;  and  in  public,  .the  expedient  r-'*'  maligiianr  cntr. 
I>at  the  aitiiices  ofvenalitv  are  in  vain  ;  and  the  Friend:,  of  the  Peo- 
ple regaid  with  fcorn  the  illiberal  attacks  ot  theii  enemies.  ■■ 

On    perufalof  the  f.ibfeq'jcnt  indifcnicnt^   the  following  obferva-. 
tions  naturally  liiggeil;  thendeives  : —    . 

I.  TIjC  nctitionin"-  Parliament  for  reclrels  of  'Trie\'ances,  Vv-hethfr  real' 
■    or  in'.atrinary,   i.>  warranted   by   ihe    Bill  oi  iiights  and  ii.evolut:o:i 
Settlement.  -  ' 

JI.  Britilli  fuliicCLsare  entitled  to  aHemble  in_ ajj^aceable  manner,  jn_or- 
jppTi 


(   y   } 

lege-^no  concefuon  of  the  Sovereign.    It  is  a  rlglit  connate  with  the 
exiilence  of  iSociety  and  Government. 

III.  Any  individLi:il,  cr  any  body  of  men,  arc  entitled  to  invite  tlieir  fel- 
iow-fubjefts  to  co-operate  with  them  in  fuch  application  :  And  ths' 
convening  any  meeting  for  purpofes  not  inii;nical  to  the  ConflitutedTIi 

jGovcrnnient~an"d  pea'.e  of  the  community,   is  anthorized~Ey  the  im-  li 
mutable  decrees  ot  na!/ni-al  jultxe,.  ?.n(i'  is  in  frrift  conforaiity  to  the 
acknowledged  principles  of  the  Britiih  Conllitution. 

IV.  Eut  if  in  nidi  Conventions  the  addrciung  thofe  aiTembled  on  the 
fubjeft  of  Parliament.iry  iieform,  has  criminality  attached  to  it,  we 
allc — Why  are  not  Pitt  and  Richmond  torn  from  behind  the  en- 
trenchments of  corruption^  and  dragged  to  the  bar  ? 

y.  To  compare  the  Britiih  Conrptudon.  and  much  more  fo  its  practi- 
cal  Government,   Vvitli  a   Confi;:tut!on  or   Government  esiffing   or 
imaginary,  can  be,  and  is  no  violation  of  law.     A  contrary  doftrine 
is  not  only  repcignant  to  human  reafon,  but  deftru6tive  to  human  {q~ 
ciety.    Truth  can  only  be  elicited  iiy  the  collilion  of  fentiment.     All 
improvement  exiiicd  in  theory,  before  it  was  known  in  prad'ice.  Had 
fuch   an  intolerant  principle  predominated,   Britons  would  not  have 
experienced  the  advantages  resulting  from  the  Chriftian   RehVion,', 
the  Pi.eformat!on,  and  the  ilevciution.    'The  various  modifications  of 
governmient,    into   v.hich  civil  iuciety  is  divided,  is  a  ^peculation  a]-. 
v/ays  aifording  entertain;p,ent,  reflection,  and  inftruaion  to  the  phi-' 
lofophic  mind.     But  thefe  enquiries  are  not  to  be  cintrafted  and  con-' 
fined  tothe  clofet  of  the  fcholar.      Ihe  interefls  of  the  human  fpe-' 
cies  are  too   deeply  interel'ted  in  the  reiearch,  to  preclude  the  deve. 
lopement  of  political  trurb,  while  the  meaneftfpotof  the  o;Iobe,  con-^' 
fecrated  by  Liberty,  is  to  mank;nd  an  objecT;  worthy  of  their  venera- 
tion  and  their  love.     The  man,  therefore,  who  can,  with  advantao-e  ■ 
inffitute  a  comparifon    l)et ween  two  States,  with   refpect  to   the  ex-" 
pences-necefTary  for  .iarrying  on  the  funcTions  of  Government,   but" 
neglefis  to  do  fo,   does  not  acquit  himfelf  in  his  duty  to  his  country.  ? 
WiihrefpeQ  to  Britain,  it  is  not  perhaps  the  Civil  Lift  which  oufrht  " 
to  claim;  difacprobatiori  ; — vvealrhy  people  can  afford  a  liberal   eftab- 
lilhment  and   revenue  to  their  Sovercio-n.       Bat  we   helliate  not  to 
advance  xhaf  the  holders   of  the   four   firft  ofhces   of  State  have    in 
places,  penfions,  perquifites.  and  douceurs,  an   annual  income  fupe- 
rior  to  the   annual  a^gr-gate    expenditure  of  the    united  cantons  of 
Switzerland.     And  ia;  tiscrr,  that  in  Great  Britain  mere  than  fix  mil- 
lions Sterling  are  annirii'y  to.-n  in  fmecures,  and  excels  of  falavv  be- 
yond what  is  adequate   to  prciieffion:il  trouble — Torn,  we  fay,.Vrom 
the  vitals  of  commerce,  the  pittance  of  the  mechanic,  and  tlie  induf- 
try  of  the  peafant. 


VL  Thebarely  r^i-^w/rf-z^V-^cf -ny  bock,  whatever  its.  contents  m; 


ay 


f      vi      ) 

be,  to  tlie  perufal  of  another^  can  be  no  violation  of  law.  But  ^ve 
I  acknowledge  and  admit,  that  the  felling,  as  alfo  the  circulating  and 
i  difperfing  of  books,  known  and  ajcertained  to  be  /editions,  is  utiquef-. 
tionably  a  violation  of  law.  Here,  however,  difficulties  muft  arife 
as  to  the  import  of  terms,  and  the  cxiftence  of  guilt.  Many  juries 
have  found  Mr.  Paine's  Works  libellous  and  feditious ;  others  have 
returned  a  contrary  opinion.  In  this  decrepancy  of  fentiment, 
what  criterion  of  truth  and  juftice  remains  to  direct  the  judgment  of 
the  impartial?  In  fuch  circumftances  we  conceive,  that  ihould  a: 
Jury  return  the  verdift  of  Guilty,  the  fentence  of  the  Court  ought 
to  be  charaderifed  by  leniency.  The  Dialogue  of  the  Governors- 
and  Governed  is  a  detached  feleftion  from  '*  The  Ruins  of  Em- 
pires," by  M.  Volney,  the  celebrated  Syrian  and  Egyptian  Travel- 
ler, whofe  works  have  been  circulated  through  the  whole  extent  of 
Europe,  and  perufed  with  avidity.  The  Patriot  is  a  periodical  per-, 
formanee  to  be  found  in  every  bookfeller's  flail,  and  every  corner 
of  Britain-  With  refpedb  to  the  Irifli  Addrefs,  the  dtuation  of  Mr. 
Muir  was  peculiarly  delicate.  Upon  its  tranfmilEon  to  Mr.  Muir 
by  the  Dublin  Society,  he  was  bound  in  honour  to  announce  the 
receipt  of  it,  and  produce  it  to  the  Convention  at  Edinburgh.  It  is 
diifficult  to  conje&ure  by  what  means  the  Convention  could  difcover 
its  contents,  and  determine  its  reception  or  rejediion,  without  fa- 
vouring it  with  a  reading  As  we  are  now  enabled,  without  per- 
fonal  diinger,  to  fubmit  ad-locum  to  general  fcrutinj,  we  leave  it  to 
our  countrymen  to  decide,  whether  or  not  "  The  propoling  that  it 
"  fhould  be  received,  and  lie  on  the  table  of  the  faid  meeting,  and 
**  alfo  the  moving,  that  the  thanks  of  the  meeting,  or  fome  ac- 
}**  knowledgment  fhould  be  returned  to  thcfe  from  whom  the  fore- 
**  faid  paper  or  addrefs  came  ;"  be  a  violation  of  any  known  law, 
>or  the  eflablijhed  principles  of  juftice. 

In  the  abeve  general  and  preliminary  remarks,  we  have  been  cau- 
tious, although  bold — refpeftful,  although  determined.  We,  there- 
fore, fubmit  the  following  authentic  Narrative  of  the  Trial  to  the 
confideration  of  the  Public,  and  let  them  determine  wheiher  the 
Lord  Advocate  was  entitled  to  beftow  on  the  unfortunate  Pannel 
the  charitable  and  corapaffionate  epithets  of  WRETCH,  FIEND,  and 

DEMON    OF  DISCOaD. 

Kdinourgh^   '\ 

Sept.  9.  1793.  J 


(     vii     ) 

ADDRESS  ro  THE  PUBLIC 

TN  the  dliFerent  accounts  which  have  been  pubhlhed  of  Mr.  Mulr^s 
•*•  trial  mention  is  made  of  my  having  been  committed  to  prifon  for  pre.= 
varication,  or  an  attempt  to  conceal  the  truth.  Thefe  accounts,  in  fo 
far  as  they  regard  me,  being  defeftive.  I  think  it  incumbent  up- 
on me,  in  juftice  to  myfelf  and  my  charadler,  to  prefent  the  public  with 
a  candid  ftatement  of  the  whole  matter- 

Beino-  called  to  the  bar  of  the  Court,  and  having  taken  the  oath  to 
tell  the  whole  truth,  and  nothing  but  the  truth,  I  was  interrogatedj 
*'  Has  any  perfon  inftrudled  you  what  you  Ihould  fay?"  I  anfwered. 
None;  but  mentioned  that  feveral  perfons  had  defired  me  to  tell  the 
truth.  I  was  then  afked  who  had  done  fo?  My  anfwer  was,  that  I 
did  not  recollecfl ;  but  that  no  perfon  had  given  me  any  particulap  in- 
ftrudions,  what  I  alluded  to  having  been  only  the  general  obfervatioa 
of  feveral  perfons  with  whom  I  had  fpoken  on  thefubjed.  I  was  then 
quei^ioned  when  T  had  been  cited  as  a  witnefs ;  upon  which  I  produc- 
ed my  fummons,  bearing  date  the  26th  of  Auguft.  I  v/as  again  inter- 
rogated, if  it  was  after  the  citation  that  I  had  the  converfations  referred 
to,  and  with  whom  I  held  thefe  ?  To  which  I  replied,  That  it  was  both 
before  and  after  citation;  but,  as  it  was  only  a  kind  of  general  inftruc- 
tion,  I  could  not  recollect  any  particular  perfon- 

I  was  then  ordered  to  withdraw  ;  and,  on  being  agaia  called  into 
Court,  was  ordered  to  prifon  for  three  weeks. 

This  fentence  not  a  little  furprifed  me,  as  I  was  totally  at  a  lofs  tO" 
guefs  the  caufe,  not  having  been  confcious  of  any  wrong.  Indeed  the 
whole  error  (if  it  may  be  fo  called)  v/as  the  efreft  of  confufion  and  roif- 
take,  which  were  natural  enough,  confidering  ray  utter  ignorance  of 
law  proceedings,  and  that  I  never  before  had  been  examined  as  a  wit- 
nefs in  a  Court  of  Juftice. 

I  do  not  mean  to  relle6l  on  the  Court,  but  to  juftify  myfelf  from 
th'-  charge  of  prevarication,  or  of  concealing  the  truth,  which  I  had 
no  idea  of  committing.  On  the  contrary,  it  appears  to  me  that  I 
was  to  blame  only  for  an  over  anxiety  to  tell  the  whole  truth  in 
terms  of  my  oath  ;  for  had  I  anfwered  the  tirft  queftion  in  the  nega- 
tive, (which  I  was  entitled  ro  do,  as  no  perfon  had  put  words  in  my 
mouth)  1  would  not  have  had  the  mortitication  of  being  imprifoned. 

Confcious  of  the  purity  of  my  intentions,  I  fubmit  my  cafe  to  the 
public  ;  and,  leaving  it  with  them  to  jud,g;e  with  candour,  I  have 
only  further  to  obferve,  that  I  grieve  not  fo  much  on  account  of  my 
confinement,  of  the  injury  it  may  do  me  in  bufinefs,  or  my  reputa- 
tion, as  I  am  forry  that,  from  my  being  rejefted,  Mr.  Muir  may  be 
the  greater  fufferer  of  the  two,  as  he  was  prevented  from  having  the 
benefit  of  my  evidence,  which  would  have  tended  highly  to  his  ex- 
culpation of  the  charges  againll  him« 

JOHN  RUSSELL. 

Edinlmrgh  'Tolhooth, 
Sept.  3,  1793. 


(     viii     ) 


IN"  the  fecond  Edinburgh  edifioii  of  Mr.  Ivlair's  Trial,  Vvas  inferr- 
ed a  nore,  coatradi6llng  a  very  material  part  of  Anne  Fitlier's  evj- 
«ence;.  and  as  everj  fact,  illiiftrative  of  that  extraordinary  trial,  is  of 
the  greaieft  importance,  we  coniider  it  our  duty  to  prefent  to  the 
public,  the  obfervation  then  made- 

■'  Conclufion  of  Anne  Fifiier's  evidence. — '  As  the  witncfs  was  with- 
drawing,   one  of  the  Jury  (Cvtptain    Inglib)  defired    fhe   might    be 

*  called  back,  and  alked  her,    If  there  was  no  quarrel   or   vnifunder- 

*  llanding  between  the  faniily  and  her  at  pariini^.  !^.he  anfwered^ 
»  that  (o  far  from  that,  her  miilrefs  gr-ve  her  five  fnillings  over  her 
I  wages,  and  Mifs  Muir  gave  her  a  petticoat,  and  fame  other  articles 
4  of  oioihes.' 

The  Note — '  This  part  of  Fifher's  teftimony,  we  have  authority 
"  to  fay,  is  totally  falfe  ;  Ine  did  not  receive  a  farthing  from  Mrs» 
'  Muir  befides  her  wages,  nor  any  article  of  clothes  from  Mifs  Muir  ; 

*  and  fhe  was  not  permitted  to  remain  in   the  houle  after  the  term 

*  day.' 

We  hayefince  learnt,  tliat  this  witnefs  was  engaged  for  the  pur- 
pofe  of  carrying  meilages  between  Mr.  Muir's  town  and  country 
houfes,  and  that  ihe  was  only  occafionallj  employed  as  an  under  fer- 
vant.  Oar  readers  may  judge  what  opiiortunities  fhe  could  have,  in 
that  fituation,  of  fiequentiy  hearing  the  private  converfation  of  Mr. 
Muir's  family.  We  are  alfo  informed  that  iiie,  like  the  Rev.  Mr. 
Lapllie,  was- prefent  at  the  precognition  of  other  witnefles  ;  and  that 
fhe  was  frequently  dofeud  in  the  Star  Inn,  Glafgow,  with  an  a£live 
Sheriif  [Honeyaian]  of  the  weft,  who  probably  taught  a  certain 
Judge  [Lord  Juflice  Clerkj  to  expatiate  To  warmly  on  \\cx Jingular 
abilities. 


THE 

TRIAL 

O  F 

THOMAS      M  U  I  R,      Efq. 
Younger,    of  Huntershill, 

THE  Members  of  the  Court  of  Jufticiary  aifembled  pre- 
cifely  at  ten  o'clock  in  the  forenoon.     Mr.  Muir,  who 

had  obtained  his  Hberation  upon  bail,  foon  afterwards  ap- 
•jpeared,  and  placed  himfelf  at  the  bar. 
f      His   Majefly's  Advocate,  for  his    Majefty's  Intereilj  was- 

then  in  the  ufual  form,   called  aaainft  the   Pannel.       Mr. 

Muir  was  defired  by  the  Lord  Juftice  Clerk  to  liften  to  the 
ilndiftment  againft  him,  which  was  to  be  read  immediately 
;by  the  Clerk  of  the  Court,.  Of  that  Indictment  the  follow- 
jing  is  a  true  copy. 

i '  *'  GEORGE,  y^  WHEREAS  it  is  humbly  meant  and 
j  complained  to  us  by  our  right  trufty  Robert  Dundas,  Efq, 

of  Arraifcon,  our  Advocate  for  our  imercfl,  upon  THOMAS 
'  MUIR,  younger,  of  Hunteiihill,  THAT,  by  the  laws  of 
'this  and  every  other  v^^eil  governed  realm,  the  wicfcedly 
J  and  felonioufiy  exciting,  by  means  of  SEDITIOUS 
^;  SPEECHES  and  HARANGUES,  a  fpirit  of  diHoyalty  and 
idifaffi'clion  to  the  King  and  the  EftabUflied  Government  j 
I  MORE  ESPECIALLY,  when  fuch  fpeeches  and  harangues 
I  are  addreffed  to  Meetings  or  Convocations  of  Perfons,  brought 
itogether  by  no  lawful  authority,  and  uttered  by  one  who  is 
[the  chief  Inftrument  of  calling  together  fuch  Meetings  :  AS 

ALSO,  the  wickedly  and  felonioufiy  ADVIS'NG  and 
j  EXHORTING  perfoiis  to  purchafe  and  perufe  feditious 
JH!:id  wicked  publications  and  writings,  calculated  to  pro- 
duce 


C    6    ) 

diice  at  fpirit  of  difloyalty  and  difafFection  to  the  King  and 
Government  ;  AS  ALSO,  the  wickedly  and  felonioully 
DIStRlBUTlNG  or  CIRCULATING  any  feditious  wri- 
ting  or  publicstion  of  the  tendency  aforefaid,  or  the  CAU- 
SING dift?ibiue  or  circulate  any  fueh  fediuous  writing  or 
publication  :  AS  ALSO,  the  wickedly  and  ielonioufly  PRO- 
DUCING and  READING  ALOUD^  in  a  public  meet- 
ing or  convocation  of  peiions,  a  ieditious  and  infli'itimatory 
writing,  tending  to  produce  in  the  minds  of  the  people  a 
fpirit  of  infuiTe^Lion  and  of  oppofition  to  the  Eftabhihed 
Government  :  AND,  the  PUBLICLY  APPROVING  of, 
and  RECOMMENDING,  m  faid  meeting,  fuch  Icdrcious 
and  inflammatory  writing,  are  all  and  each,  or  one  or  other 
of  them,  crimes  of  an  heinous  nature,  dangerous  to  the 
public  peace,  and  fevereiy  puniOiable  :  iTET  TRUE  IT 
IS,  AND  OF  VERITY,  that  the  laid  Thomas  Muir  is 
guilty  aclor,  art  and  part,  of  all  and  each,  or  one  or  other, 
of  the  faid  crimes,  aggravated  as  aforefaid  :  IN  SO  FAR 
AS  on  the  3d  day  of  November  1792,  or  on  one  or  other, 
of  the  days  of  that  month,  or  of  October  immedia':ely  pre- 
ceding, or  of  December  immediately  following,  the  faid 
Thomas  Muir  having  been  prefent  at  a  meeting  in  the  town 
of  Kirkintilloch,  pariih  of  Kirkintilloch,  and  county  of 
Dunbarton,  denominated,  '  A  Society  for  Reform/  or 
bearing  fome  fuch  name  ;  and  alfo,  having  fometime  du- 
ring the  courfe  of  the  faid  month  of  November  aforefaid, 
been  prefent  at  another  meeting  ait  Miltoun,  parifh  of 
Campfie,  and  county  of  Stirling,  which  meeting  was  alfo 
denominated,  '  A  Society  for  Reform,'  or  bore  fome  fuch 
name,  (and  both  of  which  focieties  above-mentioned  the 
faid  Thomas  Muir  was  the  chief  mean  of  inltiruting  and 
forming  ;)  he  did,  at  times  and  places  forefaid,  with 
Avickcd  and  feditious  intendon,  addrefs  and  harangue  the 
fiiid  meetings  ;  in  which  fpeeches  and  harangues,  the  faid 
Thomas  Muir  did  fedirioufly  endeavour  to  reprefenc  the  Go- 
vernment of  this  country  as  opprefiive  and  tyrannical,  and 
the  Legiflative  Body  of  the  flatc  as  venal  and  corrupt,  par- 
ticularly by  inftituting  a  comparifon  between  the  pretend- 
ed exifting  Government  of  Fruncc  and  the  C'onftitution  of 
Great  Britain,  v.iih  rcfpect  to  che  expences  jiecelfary  for 

carrying 


(    7    } 

carrying  en  the  funclions  of  Government ;  he  cn<3eavoured  t^ 
rilify  the  Monarchical  part  of  the  conltitucion,  and  to  repre- 
fent  it  a8  uielcfs,  cumberfome,  and  expeniive  :  AT  LEAST* 
the  faid  Thomas  Muir  did  ufe  words  and  arguments  of  the 
above  feditious  tendency  and  iinport*      FURTHER,  the 

iiaid  Thomas  Muir  did,  fometime  during  the  courfe  of  Sep- 
tember, Oiftober,  or  November  1793,  in  the  town  of  Glaf- 

,go\v  in  the  county  of  Lanark,  JCirkmtiiloch  in  the  parifh  of 

!  Kirkintilloch,  and  county  of  Dunbarton,  and  Miltoun  in  the 
paiilh  of  Campfie  and  county  of  Stirling  aforefaid,  and  elfe- 

:  where,  wickedly  and  felonioufly  exhorj:  and  advife  feveral 
perfons  to  purchafe  and  perufe   various  feditious  pamphlets 

,  and  writings;  PARTICULARLY,  the  faid  Thomas  Muir 
did,  fometime  in  the  months  aforefaid,  within  his  father's 
houfe  at  Qlafgow  aforefaid,  or  fome  other  place  to  the 
public  Profecuior  unkown,  wickedly  and  felonioufly  advife 
and  exhort  John  Muir  fenior,  late  hatter  in  Glafgow,  Tho- 
mas Wilfon  barber  in  Glafgow,  and  John  Barclay  reliding 
in  the  parifh  of  Calder  and  county  of  Lanark,  to  read  Faine's 
Rights  of  Man,  and  to  purchafe  the  fame ;  which  book  or 
pamphlet  entituled,  Paine's  Rights  of  Man,  is  a  moft  wic- 
ked and  feditious  publication,  calculated  to  vilify  the  Con- 
ftitution  of  this  country,  to  produce  a  fpirit  of  infurredion 
among  the  people,  and  to  ftir  them  up  to  a(5ls  of  outrage  and 

'  oppoiition  to  the  Eftablilhed  Government,  FURTHER,  the 
faid  Thomas  Muir  did,  in  the  courfe  of  the  months  of  Sep- 
tember, Odlober,  or  November  aforefaid,  wickedly  and  felo- 
nioufly diftribute  and  circulate,  or  caufe  to  be  diftributed 
and  circulated,  in  the  towns  of  Glafgov/,  Kirkintilloch,  and 
Miltoun  aforefaid,  and  at  Lennoxtoun  in  the  faid  pariih  of 
Camplie  and  county  of  Stirling,  or  elfe where,  a  number  of  fe- 
ditious and  inflammatory  writings  or  pamphlets ;  particularly 
a  book  or  pamphlet  entituled, '  The  Works  of  Thomas  Paine, 
•;  Efq.'    Alfo,  a  writing  or  publication,  entituled,  '  A  Be- 

1*^  claration  of  Rights,  and  an  Addrefs  to  the  People,  appro- 

!  ved  of  by  a  number  of  the  Friends  of  Reform  in  PaiOey  ;" 

:  Alfo,  a  paper   or  publication   entituled,  '  A  Dialogue  be- 

'  twixt  the  Governors  and  the  Governed  ;*    Alfo.   a  paper 

or  publication,  entituled  'The  Patriot:*  Particuk^fy,  the 

:  faid  Thomas  Muir  did,  fome  time  in  the  month  of  October 

or 


(    s    ) 

CY  November  afotefaid,  at  Kirkintilloch,  aforefaid,  or  at 
fome  otiier  place  to  the  Pablic  Profscutor  ur:known,  wic- 
kedly an';l  felonioufly  deliver  and  put  into  the  hands  of  Hen- 
ry Freeiand,  weaver,  in  Kirkimilloch,  a  feditious  book  or 
pamphlet,  entituled,  ^  The  Works  of  Thomas  Paine,  Efq.* 
whicJi  the  faid  Henry  Freeland  carried  away  with  hin^  ; 
which  book  or  pamphlet,  along  with  the  other  wicked,  fe- 
ditious, and  inSammatory  palfageSj  contains  the  foilo\?vin^  : 
Paine*  s  Works,  p.  13.  'Monarchy  is  ranked  in  Scup- 
*  ture  as  one  of  the  fms  of  the  Jews,  for  which  a  curfe  in  re- 
'  ferve  is  denounced  againft  them. 

P.  20.  ^  h\  Ihoi  t,  Monarchy  and  fucceffion  have  laid  not 
this  or  that  kingdom  only,  but  the  world,  in  blood  and  alli- 
es ;  it  is  a  form  of  Government  which  the  Word  oi  God 
bears  teflimony  againft,  and  blood  will  attendlt'.'  '"^ 
F.  21.  '  Why  is  the  Conftitution  of  England  fickly, 
but  becaufe  Monarchy  hath  poifoned  the  Republic? — the 
Crown  hath  engrolTed  the  Commons. 
'  In  England  a  King  hath  little  more  to  do  than  to  make 
war,  and  to  give  away  places ;  which  in  plain  terms  is  to 
impoveriih  the  nation,  and  fet  it  together  by  the  ears.  A 
pretty  bufniefs  indeed  for  a  man  to  be  allowed  eight  hun- 
dred thoufand  pounds  Sterling  a-year  for,  and  worlhipped 
into  the  bargain  !  Of  more  worth  is  one  honeft  man  to 
fociety,  and  in  the  fight  of  God,  than  all  the  crowned  ruft 
iians  that  ever  lived. 
P.  78.  '  What  are  the  prefenr  governments  in  Europe  but 
a  fcene  of  iniquity  and  oppreiTion  I  What  is  that  of  Eng 
land  ?  Do  not  irs  own  inhabitants  fay  it  is  a  market 
where  every  man  has  his  price,  and  where  corruption  is 
common  trafFick,  at  the  expence  of  a  deluded  people  ?  No 
wonder  then  that  the  French  Revolution  is  traduced, 
P.  85.  '  But  thefeco/,d  head,  that  of  a  nation  eftablifliing 
a  particular  family  with  hereditary  powers^  does  not  prefent 
itfclf  as  defpotifm,  on  the  firft  refledion  ;  but,  if  men  willl 
permit  a  fccond  refie<fl:ion  to  take  place,  and  carry  thab 
refledion  forward  but  one  remove  out  of  their  own  per 
fons  to  that  of  rheir  offspring,  they  will  then  fee  that  he- 
reditary fucceffion  becomes  in  its  confequences  the  fame 
defpotifm  to  others  v;hich  they  reprobate  11  for  themfelvesw 

F,  86, 


(    9    )         . 

r.  86.  '  It  operates  to  preclude  the  conferit  of  the  fucceed^ 

'  ing  generation,  and  the  preclofion  oi  c  nfentis  defponfei. 

Part  II.  p.  30.     '  All   hereditary   governnieiu   is   in    its 

i*  natuic  tyranny.       An    heritable   cr  )Vvn,   or   an    heiitiible 

*  throne,  or  by  whatever  fanciful  name  fuch  things  may 
I*  be  called,  have  no  other  fignificant  explanation,  than  that 
,'  mankind   are  heriuable  prcperry.       To   inherit  a  g'overn- 

*  raent  is  to  inherit  the  people,  as  if  they  were  flocks  and 
''  herdsi 

P.  ^li     *  The  a6:  called  the  Bill  of  Rights  comes  here 
*•  into  view.     What  is  it   but   a  bargain  which  the  parts  qf 

*  the  goverEm>ent  made  with  each  other  to  divide    powers, 

*  profits,  and  privileges  ?  Yoii  (hall  have  fo  much,  and  I 
'  fhall  have  the  reit  ;  "and  with  refpeft  to  the  nation,  it  faid, 

*  for  jour  //jd  re,  you  Jhall  have  the  rii^ht  of  petitioning.     This 

*  being  ih.t  cafe,  the  Bill   of  Rights  is  more  properly  a  Bill 

*  of  Wrongs,  and  of  infult. 

P.  54.  *  The"  attention  of  the  Government  of  England 
'*  (Jov  I  rather  choofe  to  call  it  by  this  name,  than  the  En- 
'  glilh  Government)  appears,  ilnce  its  political  connedlioii 
'  with  Germany,  1:0  have  been  fo  completely  engroiled  and 
:'  abforbed  by  foreign  affairs,  and  the-  means  of  railing 
^'  taxes,  that  it  leems  to  exift  for  no  other  purpofes.  Do- 
:*  medic  concerns  are  neglefted  ;  and  v/ith  refpedt  to  regu-. 
'  lar  law,  there  is  fcarcely  fuch'  a  thing. 

Pi  126.     '  The  time  is  not  very  diitan't  when  England 
*'  will  laugh  at.  itfelf  for  fending  to  Holland,  Ranover,  Zel, 

i*  or  BrunfvWck,  for  men,  at  the  expence  of  a  million  a-year, 
*  who  imderflood  neither  her  laws,  her  language,  'nor  her* 
I*  intcreft,  and  whofe  capacities  v/ould  fcarcely  have  iitted 
I  '  them  for  the  office  of"  a  paril'h  conibible.  If  government 
! '  could  be  trufted  to  fuch  hands,  it  muft  be  fome  eafy  and 
i*  iimple  thing  indeed,  and  materials  fit  for  all  thepurpofes 
I*  may  be  found  in   every   tov/n   and  village  in  England/ 

"AND  the  faid  Thomas  Milir  did,  fjrne  time  in  Odober  or 

November  aforefaid,    within  his  own    or  his   father's   houfe 

at  Hunterfhill,  in  the  county  of  Lanark,   or  at  foms  other 

'  place  to  the  Public  Prufecutcr   unknown,  wickedly  and  fe- 

'  lonioufly  put  into  the  h^nds  of  William  Muir,    weaver  in 

B'  Kirkin^ 


(       10      > 

Kirkintilloch,  eleven  number  of  a  feditious  book  or  pam- 
phlet, entituled,  '  The  Patriot',  which  the  faid  Willian 
Muir  carried  away  with  him,  and  kept  polTeffion  of  ;  and 
which  book  or  pamphlet  contained  among  others  the  follow- 
ing feditious  paiTages  : 

Pairiot,  No.    V.    p.  i68,  and  169.      *  They  have    lod 
'  the  diliinguilhing  chava6ler  between   freemen  and  flaves  : 

*  they  have  loft   the   diftinguifliing  chara£ler  of  Englifli- 

*  men  !     They  have  loft  what  the  moft  tyrannical  Kings  01 

*  England  would  never  force  from  them  I  They  have,  in  a 
^  great  meafure,  loft  what  their  forefathers  fpent  their  bloo^l 

*  and  treafure  to  defend — the  greateft  jewel  that  any  people 
'  can  poiTefs — their  conftitutional  and  natural  liberty — thei^ 
'  birth-right  and  inheritance  derived  from  God  and  nature ! 
'  .They  have  loft  the  conftitutional  means  of  redrefs  for  aH 

*  their  grievances  !  What  is  it  indeed  they  have  not  loff 
^  by  that  hated  feptennial  law,  which  has  fettered  down  the 
'  eledive  power  of  the  people,  like  a  dog  in  a  manger,  who 

*  is  only  fuftered  to  go  abroad  once  in  /even  years  for  an 


an-mg  I' 


No.  VI.  p.  184,  ^  185.  ^  Roufe  then  ye  Britons!  A- 
wake  from  the  (lumbering  ftate  of  apathy  in  which  you  have 
lo  long  fuffered  yourfelvcs  inglorioufly  to  remain  I  Opem 
your  eyes  to  the  injuries  which  have  been  heaped  on  you_; 
and  aftert  your  right  to  have  them  redreffed.  Evince  to  ail 
the  world  that  you  are  the  true  defcendants  and  fons  of  your 
once  famed  glorious  anceftors  ;  prove  yourfelves  worthy  to 
inherit,  in  its  higbeft  degree  of  perfection,  that  conftitiition 
which  they  raifed  by  their  valour  and  cemented  with  their 
blood  :— Raife  your  voice — the  voice  of  the  people — and 
found  in  the  ears  of  Tyrants,  and  their  abettors,  that 
you  will  \)&fr€e,  and  you  are  fo  :  That  voice  is  the  noble, 
the  mighty/^/,  which  none  can,  or  dare  to,  attempt  to 
'  gainfay.' 

No.  XI.  p.  375.  '  And  what  would  he  (Earl  of  Chat- 
*  ham)  have  thought,  if  he  had  lived  to  hear  people  now 
'  talk  of  a  happy  and  glorious  conftitution,  evidently 
'  built  upon  corruption  and  fupported  by  peculation  ?  And 
'  what  would  he  have  conjcdured,  had  he  feen  a  procla- 
'  mation  illued  to  intimidate  and  prevent  the  people  from 

*  exerciling'i 


C   11    ) 

exerclfing  their  right  of  conferring  upon,  and  publliliing 
tii-ir  grievances  ?* 

iVo,  XIL  p.  414.  •  But  we  ihould  afk,  here,  what  is  the 
:  diiTerence  between  a  King  of  England  taxing  his  ilibjecls 
without  confent  of  Parliament,  and  taxing  them  with  the 
€onfent  of  Parliament,  which  Parliament  the  King,  or  his 
Miniflcr,  can  influence  as  he  pleafrs  to  approve  of  war  or 
peace,  and  to  vote  fuch  fupplies  as  may  be  required  ;  no 
matter  how  grievous  gf  burdenfomc,  nor  for  what  bafe  or 
cor.upt  purpofes  they  are  granted  :  One  would  think  that 
the  lat'.er  method  is  equally  opprejfive^  and  deferving  of 
reprobation  ;  for  being  done  with  a  f^eming  legality,  and  ' 

under  a  form  and  femblance  of  conftitutiondl  procedure, 
the  people  are  made  parties  to  their  own  oppreffion,  and 
the  greateft  infults  are  added  to  the  heavieft  injuries.' 
/*,  419.  '  Here  we  fee  clearly  the  origin  of  the  immenfe 
overgrown  landed  property  of  our  race  of  nobles  and  rich 
commoners  ;  a  right  founded  in  murder,  defoiation,  ra- 
pine, and  profcription  of  the  firfl  owners  and  holders  of 
the  landed  property  in  this  kingdom,  among  our  Saxon 
anceftors  ;  and  by  this  v/e  may  eafily  trace  the  means  by 
which  our  nobility  are  at  this  moment  not  only  in  poiTef- 
fion  of  one  branch  of  the  legiilature  by  hereditary  claim, 
but  by  which  they  have  alfo  monopolized,  with  the  addi- 
tion of  a  few  rich  commoners,  the  majority  of  voice  in  ths 
Houfe  of  Commons^  which,  fhame  to  tell^  is  bare-faced ly 
called  the  Reprefentation  of  the  People..  This  we  pledge 
ourfelves  to  prove  to  the  fatisfadlion  of  our  readers  in  the 
courfe  of  this  work,  and  indeed  of  a  hw  more  numbers.^ 
ad  the  faid  paper  or  publication,  enti[uled,  ^  A  Decla- 
ration of  Rights,  and  Addrefs  to  the  People,  approved  of 
by  a  number  of  the  Friends  of  Reform  in  Paifley,'  diftri- 
ited  and  circulated  as  aforefaid,  contained  the  foil o.wing 
ifages  : 

Faifley  Declaration,  p.  4.     '  i.  Being  fubjed  to  the  legif-,  ^  .    . 
[ation  of  perfons  whom,  oihsrjnenha'vei  placed^  ^^^^ X°^b  ^^  ^^  '^^f 

evident  you  are  denied  that  which  is  the  right  of  every  one,  p/' ■'^^--j  \ 
and  without  which  none  are/rf«?.  For  to  be  enflaved^  is  to  .^-/^  pi 
have  no  will  of  your  own  in  the  choice  of  thofe  law-makers,  a  ^  i 
jWhich  have  power  over  your  properties,  your  families,  your  ''^        :. 


(       ^2      ) 

*  livef^  and  liberties,     Thofe  who  havcno  rotes  for  eleding 

*  repvefentatives  are  not   iiee,  as  the  rights  of  nature,  9nd 

*  rhfe  principle^  of  our  conilitution,  requie,  but  aie  enfiav. 
;f  ed  to  the  reprefen^atives  of  thofe  who  have  votes.' 

J\  r.  '  3-  Should  you  not  allociate  in  y(  ur  own  caufe,  and 
f  with  one  voice  ?  the  voice  of  united  miUions,  demand  re- 
f  form  in  tlxe  national  reprefejiraticn.' 

P  B-  '  1  o  -But  Inch  a  Parliament  cannot  be  had  unkxS  we 
•will  revert  t.,  the  firll  principles  of  our  conllitution,  which 

*  we  have  fo  fhamffuhy  abandoned.     A  ^oy^ejmment.where| 

*  the^e^xecutiv^ani^ 

«'ibTi  has  no  nTjr_e_j)reterit_e  tf^lreedom  ;  JtJs_;peiTea__def. 
^"ITrrulVp'^jgjhe^Coj^^  fubmit  to  it  arem_aftateot 
-iL^^y.^  If  the  vviiioTthe  Prince  r.wft^o^ la-uj.  m  what 
<-^Sn^r'it  is  announced,  whether  the  mandate  lilue  direa. 
^  ly  from  the  throne  iifelf,  or  through  the  medium  i.f  the|i 
«  Houfe  of  Commons,  is  a  nratter  or  indifference.  It  that 
^  a^Tembly  is  no  longer  the  reprefentative  of  the  people,  the  ^ 

*  confiuuiion  k  changed.  If  thofe  men  who  are  fud  to  re.j 
'  prefent  us  are  only  the  regi/lers  of  the  Royal  edicts,  the 
"  ^overnn^ent  is  degenerated  into  an  ah/Qhite  Monarchy.. 
«  Since  decline:  a  Parliament  is  our  only  iecuntv  againfii, 
'^  2n  arbitrary\o^<^x  in  the  Crown,  ekaion  itfelf  muft  b<' 
<-  not  only  the  common  riglu,  but  the  cpmmon  d^uty,  ot  al 

*  the  people.'  , 

Pi-       'But  the  evils  of  long  Parliaments- are  they  no 

*  w'-ifen  in  tears  and  in  blood?   And  have  they  left  us  augh 

*  oHib-rty  but  the  name  ?  With  the  poor  exception  tncn,o 
'  one  year  of  freedom  in/^i;^«,  and  Uiat  in  favour  of  no 
'  one-(ev^nlh,  part  of  the  i.ation,  it  is   demonftrateo  that  yn 

*  -axt  co^^fiantly  taxed  without  being  reprcfented,  ^n^compeUe. 
'  to  Q-ey  la%vs  to  which  you  never  gave  qffevt.  Are  not  their 
^  the  very'  definitions  af  flavery  I  And,  are  you  not  thu. 
«  de^.raded  to   a  level  with  the  very  cattl.  m  the  iield,  and 

*  the  Ihcep  in  the  fold  ;  which  are  a  property  to  thoie  wH. 
^  rule   ever  them,   ?.nd   have   no  po^^tr  t&fay,  why  are  vv. 

*  bon^-htand  fold  ^  why  are  we  yoked  andladen  with  hea: 

*  W  burdens  ?  why  are  v^^  fleeced  and  led  to  tae  ilaugl-iter 
■^  Dem-ind  then  with  one  voice,  friends  and  councrymen 
f  that  ihare  in  making  your  own  laws  to  which,  by  the  con 


(    53  ) 

I  -*  ftitutjon  and  the- laws  of  nature,  you  are   entitled  ;   call 

I   *  tor  ihe  Biil  which  Avould  reitore   your  loft  conftirution, 

*  and   recover  your  ilolen  rights  I      Purfue  the  only  courfe 

*  wlucli  ci.n  ever  effedt  any  confiderable  redudion  of  debts 

*  anu  [dxe>>5  ^^r  materially  advance  the  intereft  of  rnanufac- 
^  tures  ^aiid  comaierce  !     In  iliort,  be  free,  profperous,  and 

*  happy  !   and  give  your  poReiity  the  fame  caufe  ro  revere 

*  your  memories,  as  you  have  to  blefs  thoje progeniters  who 

*  left  >(  u  an  inh.:ritance  in  a  free  conftitution/ 
And  the  above  writing   or  publication,   entituled,     '  A 

.*  Diaioju£  between  the  Governors  and  the  Governed,' 
diliriouLed  and  circulated  as  aforefaid,  contained,  among 
others,  the  fallowing  paifage  : 

Dialogues.     *  Civil  Governors^     The  law  enads  that  ye 
be  fubmiiiive. 

'  Feople.     The  law  is  the  general  will,  a  new  order. 

'  Civil  Governors.     Vou  will  be  a  rebellious  people.  , 

'  Feople.     Nations  cannot   revolt  ;   tyrants  are  the  only 
rebels. 

*"  Civil  Governors.     The  King  is  with  us,  and   he  com-.. J 
jnands  you  to  fubmit.  * 

'  Feople.     The  Kingly  ofUce  originates  in  the  people,  who 

*  e'icd  tvne  of  themieives  to  execute  it  for  the  gtnerdl  good. 
f  Kings,  therefore,  are  elTentially  indivifible  from  their  na- 
f  tions.     The  King  of  ours,  then,  cannot  be  with  you  ;  you 

*  only  poflefs  his  phantom/  And  the  Military  Governors 
ftcpping  forv/ard,  faid,  "  The  people  are  timid,  let  us 
^'  Rienance  them,  they  only  obey  force.  Soldiers,  chajiife 
"  this  injolent  rahhU!' 

'  Feople.     Soldiers,  you  are  of  our  own  blood  !    Will  you 

*  ftiike  your  brothers  ?   if  the  people  perifh,  ivho  will  mai'n-^'  ' 
f  tain  the  army  ? — And  the  foldiei-s  groui-iding  their   arms, 

*  faid  to  their  chiefs,  "  We  aUo  are  the  people,  we  are 
'^  the  enemies  of — /'    'Whereupon    the    Ecclefisijli- 

*  cal  Governors  faid,    "  I'here  is  now  but  one  refource  left. 
*'  The  people    are   fuperftiiious  :    we   mud   frighten   them 
•'  with  the  name  of  God,  and  of  Religion.-— Our  dearly  be-    1 
*'  loved  brethren,  our  children  I     God  has  appointed  us  to 
^'  govern  you."  ' 

'  Feople.     Produce  to  us  your  heavenly  powers. 

'Friep.\^\ 


C   u  ) 

*  Friefts.  You  mufl  have  faith,  reafon  will  lead  you  a- 
flraj.  ^ 

'  People.  Do  you  govern  then  without  reafon  ? 

'  Priejts.  God  ordains  peace  :  Religion  prefcribes  obe- 
diisnce. 

'  People.  Peace  prefuppofes  juftice ;  obedience  has  a  right 
to  know  the  law  it  bows  to. 

'  Piitjjs,  Man  is  only  born  into  this  world  to  fufFer. 

'  People.  Do  you  then  fet  us  the  example. 

^  Priejts.  Will  you  live  without  Gods  and  without  Kings  > 

'  People.  We  will  live  wjihout  Tyrants,  without  Im- 
pollors.' 

FURTHER,  the  faid  Thomas  Muir  having,  upon  the  i  ith, 
I2th,  or  13  days  of  December  1792,  or  on  one  or  other 
of  the  days  of  that  month,  being  piefent  at  a  pieciing  calling 
itfelf  '  The  Convention  of  Delegates  of  the  Affjciatcd 
'  '  Friends  of  the  People/  or  affuming  fome  fuch  name  ; 
\yhich  meeting  was  held  in  a  room  commonly ,called  Lau- 
rie's Room,  in  James's  Court,  in  the  City  of  Edinburgh, 
he  did  then  and  there,  with  a  wicked  and  feditious  defign, 
produce,  and  read  aloud  to  the  faid  meeting,  a  writing  or 
paper,  entituled,  «  Addrefs  from  the  Society  of  United 
'  Iriflimen  in  Dublin,    to   the   Delegates  for  promoting  a 

*  Reform  in  Scotland.*  Which  writing  or  paper  was  of  ^ 
moll  inflammatory  and  fediticus  tendency,  falfely  and  inli-^ 
diouHy  reprefenting  the  Iriljr  and  Scotch  nations  as  in  a 
ftate  of  downright  oppreffion,  and  exciting  the  people  re- 
bellioully  to  rife  up  and  oppofe  the  government.  And 
which  paper  or  writing,  among  other  paflages,  contained 
the, following : 

'      P.  1.  '  We  take  the  liberty  of  addreffing  you  in  the  fpirit  of 

*  civic-union,  in  the  ieilowfliip  of  a  jufl  and  common  caufc. 

*  We  greatly  rejoice  that  the  fpirit  of  freedom   moves  over 

*  the  furface  of  Scotland,   that  light  feems  to  break  from 

*  the  chaos  of  her  internal  government,  and  that  a  country 

*  fo  refpedtable  for  her  atrainments  in  fcience,  in   arts,   and 

*  in  arms,  for  men  of  literary  eminence,  for  the  intelligence 

*  and  morali:y  of  her  pe(jpte,  now  a  els  from   a  convection 
It  *  of  the  union  between  virtue,  letters,  and   liberty  ;    and 


now 


(    1.5    ) 

*  ROW  rifes  to  difl:in6lion,  not  by  a  calm,  contented,  jecref 
^  wiih  for  a  reform  in  Parliainent,  but  by  openly,  acflivelyj 

*  and  urgently  'willing  it,  with  the  unity  and  energy  of  an 

*  embodied  nation.      We  rejoice  that  you  do  net  confider 

*  yourielves  as  merged  and  melted  down  into  another  coun- 
'  try,  but  that  in  this  great  national  queflion  you  are  flill 

*  Scotland.'— Alfo, 

'  We  will  lay  open  to  you  our  hearts :  Our  caufe  is  your 

*  caufe.     If  there  is  to  be  a  tbuscgle  between  us,  let  it  be, 

*  which  nation  fliall  be  foremolt  in  the  race  of  mind.  Let 
'  this  be  the  noble  animofify  kindled  between  us,  who  fhall 
'  firft  attain  that  free  conlbtution  from  which  both  are 
f.  equi-diftant,   Who  lliall  firft  be  the  faviour  of  the  empire. 

*  The  fenfe  of  both  countries,   with   refpect  to  the  intole-^ 

*  rable  abufes  of  the  conftitution,  has  been  clearly  manifeft- 
f  ed,  and  proves  that  our  political  fituations  are  not  diiii- 
^.  milar,  that  our  rights  and  wrongs  are  the  fame.' — Alfo, 

.,,  *  We  will  not  be  the  dupes  of  fuch  ignoble  artifices. 
'f\  We  fee  this  fcheme,  of  llrengthening  political  perfccution 
'*  and  ftate  inquiiition,  by  a  freib  infuiion  of  religious  fana- 

*  ticifra.     But  we  will  unite,   and   we  will  be  free.     Uni^ 

*  verfal  emancipation,    with  Teprefentative  legiilature,     i& 

*  the  polar  principle  which   guides   our  Society,    and  iliail 

*  guide  it,  through  all  the  tumult  of  fadions,  and  fiuftua- 
-*.  tions  of  parties.     It  is  not  upon  a  coalition  of  Oppofition 

*  with   Miniftry  that  we  depend,  but  upon  a  coalition  of 

*  Irifhmen  with  Iriilimen  ;  and  in  that  coalition  alone   we 

*  find  an  object  worthy  of  reform,  and,  at  the  fame  time, 

*  the  flrength,  and  iinew  both  to  attain  and  fecare  it.     it  is 

*  not  upon  external  circumftances,  upon  the  pledge  of  man 
'  or  minifter,  we  depend,   but  upon  the  internal  energy  of 

j  5^  the  Irilh  nation.— We  will' not   buy  or  borrow  liberty 

I  *  from  America  or  from  France,   but   manufacture  it  for 

'  ourfelvcs,  and  work  it  up  with  thofe  materials  which  the 

*  hearts  of  IriQimen  furnilli  them  with  at  home.— -We  do 

*  not  worfliip  the  Britiih,  far  lefs  the  Iriih  coniiitution7~ag 

j   ^  fent  down   from  neaven  ;    but  we  confider  it  as    human  5^' 

*  workmanfhip^  which  mail  jainvade,  and  man  can  mend. 
^  An  unalterable  conftituiion,  whatever  be  its~nature,  rauft 
f  bs  defpotifm.     It  is  not  the  confticution,  but  the  people, 

which 


(     i6    ) 

*  which  ought  to  be  inviolable  :  and  it  is  time  to  recogflil^ 
'  and  renovate  the  rights  of  the  Englilh,  the  Scotchj  and 
'  the  Irifh  nations. ^-yAlfo, 

*  Tou  have  our  ideas — anfwer  us,  and  tha't  quickly.— 

*  This  is  not  a  time  to  prccraftmate.- — Your  iiluftrious 
'  Fietchsr  has  faid,  that  the  liberties  of  a  people  are  not  td 

*  be  fecured  without  pafDng  through  great  difficulties  ;   and 

*  no  toil  or  labour  ought  to  be  declined  to  preferve  a  na- 

*  tion  from:  flavery.     He  fpoke  well  ;-  and  we  add,  that  it  is 

*  incumbent  on  every  nation  who  adventures  into  a  conJEhct 

*  for  freedom^  to  remember,   it  is   on   the  event   (however 

*  abfurdly)  depends  the  eftimation  of  public  opinion  ;  ho- 
'  nour  and  immortahtyj  if  fortunate  ;  if  othe'rwife,  infamy 

*  and  oblivion.  Let  this  check  the  rafhnefs  that  rufhes  un- 
'  advifedly  into  the  Committee,  of  national  chara(fter  ;  or, 
'  if  tbat  be  already  made,  let  the  fame  confideration  impel 
'  us  with  aftive,  not  paffive  perfeverance,  with  manly  con- 
^  ftdenee,  and  calm  deterniinarion,  fmiling  with  equal  fcorn 
'  at  the  biufter  of  official  arrogance,  and  the  whifpeis  of 
^private  malevolence,  until  we  have  planted  the  flag  of 
'  freedom  on  the  fummit,  and  are  at  once  victorious   and 

*  fecure. 

'  M^AU'ifterj  102,  Grafton  Street,  Printer/ 

WHICH  feditious  paper  or  writing,  Containing,  a'moitg  o- 
thers,  the  above  palTages,  the  faid  Thomas  Muir  did,  im- 
mediately thereafter,  wickedly  and  felonioufly,  propofe 
fliould  be  received,  and  lie  on  the  table  of  the  faid  Meet- 
ing ;  and  did  alfo  move,  that  the  thanks  of  the  Meeting, 
or  fome  acknowledgement,  ihould  be  returned  to  thofe  from 
whom  the  forefaid  paper  or  addrefs  came.  AND  MORE- 
OVER, the  faid  Thomas  Muir  did,  then  and  there,  wic- 
kedly and  felonioufly  exprefs  his  approbation  of  the  fenti- 
ments  contained  in  the  faid  paper  or  addrefs,  or,  at  leall, 
did  declare,  that  it  was  altogeiher  harmlefs,  or  ufed  words 
and  cxpreiiions  of  a  fimilar  import,  notwithftanding  that 
many  of  thofe  who  were  piefent  at  the  forefaid  meeting  did 
oppofe  and  objed  to  the  forefaid  paper  or  addrefs  being  read, 
or  allowed  to  lie  on  the  table,  or  in  any  fliape  acknowledg- 
ed by  the  faid  Meeting.      AND  the  faid  Thomas  Muii' 

having 


1  (  17  >> 

I 

fcving  been  brought  before  John  Pringle,  Efq;  our  She- 
riff-depute of  the  county  of  Edinburgh,  upon  tliC  2d  day  of 
January  1793,  '^^'■^  ^^  '^^^  prefence,  emit  and  iign  a  decla- 
ration,  buL  immediately  ihereafter,  the  fa'd  Thomas  Muir^ 
'tonfcious  of  his  guilt  in  the  premifes,  did,  in  order  to   e- 
yade  puniihment,  abfcond  and  leave  the  kingdom;  and  ha- 
^•'ving  been  indicled  at  the  inilance  of  Our  Advocate,  for  our 
lisntereft,  to  ftand  trial  before  the  High  Court  of  Jufticiary, 
i;apon  the   iith  day  of  February  lall,   the  diet  was  after- 
yards  continued  to  the  25th  of  that  month  to  give  him  the 
iDetter  opportunity  of  appraiing,  if  he  was  fo  difpofed^  buE 
he  faid  ihomas  Muir  having  notwithflanding  failed  to  ap- 
.)ear,  he  was,  on  the  25th  of  Fcbtuary  laft,  fugitate  by  1 
'sentence  of  the  faid  High  Court,      AND  the  faid  Thomas 
Vluir  having  lately,  in  a  private  and  clandeftine  manner, 
,;ome  into  this  Country^   bv  the  way  of  Ireland,  he  was 
■lifcovered   at    PortpAtiick,    apprehended,   and   committed 
'!)iifoner  to  the  tolbooth  of  Stranraer,  in  the  county  of  Wig- 
0!],  on  the  3orh  or  fome  other  day  in  the  month  of  July 
;alt  ;  and^  at  fame  time-,  fundry  papers  found  in  his  poiTeii 
'ion  were  to2:ether  with  his  pocket-book,  feaied  up  in  the 
)refence  of  William  Eiofs,  Efq;  one  of  our  Juftice?  of  Peace 
or  the  Ihire  of  "Wigton,  under  the  feals  of  the  laid  Thomas 
vluir  and  the  town  feal  of  Stranraer.     AND  the  faid  Thc-^ 
tias  Muir  having  been  afterwards  tranfmitted  to  Edinburgh, 
f>y  warrant  of  our  High  Court  of  Jufticiary,    along  with 
;|he  faid  pocket-book  and  papers,  the  feaied  parcel  contain- 
![ng  the   fame    was    opened  in  prefence  of   him,    the  faid 
ifhomag  Muir,    and  Harry    Davidfoii  Efq;    SherifF-fubfti- 
l/Qte  of  the  county  of  Edinburgh^   upon  the   loth   day  of 
|\.uguft  current,  the  feals  having  been  previoufly  infpe^tcd 
jf)y  the  faid  Thomas  Muir,  and  declared  by  him  to  be  en,- 
iiire,  and  an  inventory  of  the  contents  thereof 'was  made, 
ll^ndfigned  by  the  faid  Thomas  Mair  and  Hany  Davidfon^ 
ij.nd  others  then  prelent.     AND  the  above  mentioned  deck- 
fation,  emitted  by  the  faid  Thomas  Muir  before  the  She-^ 
(iff-depute  of  Edinburah  upon  the  2d  of  January  i    93,  to- 
gether with  a  copy  of  <-  Paine's  Works,'  recommended  and 
:irculated  as  aforefaid.;  as  alfo,  a  copy  of  the  faid  '  Decla- 
ration of  RightSj  and  an  Addrefs  to  the  neople,  approved 

G  * .  6  of 


(  '*  ) 

*  of  by  a  number  of  the  Friends  of  Reform  in  Paifley.*  cir- 
culated as  aforefaid  ;  as  alfo,  a  copy  of  the  *  Dialogue  be- 
'  tvveen  the  Governors  and  the  Governed,'  circulated  as  a- 
forefaid ;  as  alfo,  a  copy  of  '  The  Patriot,'  circulated  as  a- 
forefaid ;  as  alfo,  a  copy  of  ^  the  Addrefs  from  the  Society 

*  of  United  Iriflimen  in  Dublin/  to  the  Delegates  for  pro- 
'  moting  a  Reform  in  Scotland/  produced,  read,  and  ap- 
proved of  by  the  faid  Thomas  Muir,  in  manner  aforefaid, 
and  attefled  by  the  fubferiptions  of  James  Denholm,  James 
Campbell,  and  others ;  and  alfo,  a  book,  entituled,  '  Th€ 

*  B  5ok  of  the  Records  of  the  AfTociation  of  the  Friends  oJ 
'  the  Conftitution  and  of  the  People  of  Kirkintilloch,  vo- 
'  lume  I  ft.  Entered  at  Kirkintilloch,  November  1792  / 
and  alfo  the  forefaid  inventory,  made  up  before  the  faidj 
Thomas  Muir  and  the  Sheriff-fubftitute  of  Edinburgh,  upon 
the  faid  loth  day  of  Auguft  current,  with  the  whole  ar- 
ticles and  papers  there  in  contamed  and  referred  to,  will  alli 
be  ufed  in  evidence  againft  the  faid  Thomas  Muir,  and  will' 
for  that  purpofe  in  due  time  be  lodged  with  the  Clerk  of 
the  High  Court  of  Jufticiary,  before  which  he  is  to  be  tried, 
that  he  may  have  an  opportunity  of  feeing  the  fame.  AT 
LEAST,  times  and  places  above  mentioned,  the  faid  fedi- 
tious  fpeeehes  and  harangues  were  uttered,  the  faid  fedi- 
tious  books  or  pamphlets  recommended  to  be  purchafed  and 
perufed,  the  faid  feditious  books  or  pamphlets  circulated 
and  diftributed,  as  aforefaid,  and  the  faid  wicked  and  in- 
flammatory addrefs  produced,  read,  recommended,  and  ap- 
proved of  in  manner  above  mentioned,  and  the  faid  Tho-= 
mas  Muir  is  guilty  after,  or  art  and  part,  of  all  and  each, 
or  one  or  other  of  the  forefaid  crimes.  ALL  WHICH,  or 
part  thereof,  being  found  proven,  be  the  verdift  of  an  af» 
iize,  before  our  Lord  Juftice  General,  Lord  Juftice  Clerk, 
and  Lords  Commiffioners  Jufticiary,  in  a  Court  of  Jufti- 
ciary to  be  holden  by  them  within  the  Criminal  Court- 
houfe  of  Edinburgh,  the  faid  Thomas  Muir  OUGfir  to  be 
punifhed  with  the  pains  of  law,  to  deter  others  from  com- 
mitting the  Uke  crimes  in  all  time  coniaa^. 

LIST 


(    ^9    ) 

LIST  OF   WITNESSES. 

1.  John   Brown,  weaver   at  Lenn^xtoun,  in  the  pariili  ot 

Cainpfie,  and  county  of  Sliding. 

2.  John  Speir,  weaver  at  Lennoxtoun  aforefaid. 

3.  William  Robertfon,  escife-Oificer  atLennoxtoun  afore- 
faid. 

4    Francis  Clark,  callico  printer  at  Lennoic  Mill,  parifh  and 
county  aforefaid, 

5.  Alexander  Johnftoii,  bleacher  at  Kincaid  Printfield,  in, 

parifh  of  Campfie  aforefaid. 

6.  Henry  Freeland,  weaver  in  Kirkintilloch. 

7.  Wiilaim  Mair,  v/eaver  in  Kirkintilloch. 
i  8    John  Scoft,  wright  in  Kirkintilloch. 

I  .9  Robert  Weddei,  weaver  in  Kirkintilloch. 

|lo.  James  Baird,  holier  in  Kirkintilloch. 

i$l..  The  Rev.    Mr.  William  Bunn,  miniiler  of  KirkintiU 

I  iocho 

tl.2.  J'^hn  Scott,  wea^/er  in  Townhead  of  Kirkintilloch. 

^13.  Wiliim  Knox,  weaver  there. 

114.  James  Muir,  ftudent  of  divinity  reading  at  Campiie. 

115.  Asine  Fifherj  fervant,  or  late  fervant,  to  Mr.  John  Car- 
,  Ufie  collector  of  the  cefs  in  Glafgow, 

ti6,  Thomas  Wilfon,  barber  in  Glafgow, 

\iy.  William  Reid,  bookfeller  and  ftationer  in  Glafgowj 

118.  Janaes  Brallij  bookfeller  and  ftationer  there. 

iip.  David  Blair,  manufa£curer  in  Gla%ow, 

'20.  John  Muir,  fenior,  late  hat-manufadurer,   prefently  re-- 

fiding  in  Glafgow. 
21.    John  Barclay,  refiding  in  the  parifh  of  Calder,  in  the 
,  county  of  Lanarkj  and  one  of  the  elders  of  the  faid 

-)22.  The  Reverend  Mr,  James  Lapilie,  miniiler  of  Cainpfie, 
'23.  James  Campbell,  writer  to  the  fignet. 

24.  James  Denholm,  writer  in  Edinburgh, 

25,  Flugh  Bell,  brewer  in  Edinburgh. 

|j6.  John  Buchanan,  baker  in  Canongate  of  Edinburgh. 
.[127.     Mr.  John  Morthland,  advocate. 

28.  William  Skirving  of  Strathruddie,    refiding  in  Edin- 

,  burgh. 

Ibi  C  2,  QQ.  LieU'- 


(       20      ) 

^g,  Lieutenltit- Colonel  William  Dairy mple  of  Fordell. 
3'.   Mr.  Robeit  Forfyth,  advocate. 

31,  Richard  Fowler,  ftudent  of  medicine,  residing,  or  lateljj 

reiidjng  in  Edinburu^h. 

32.  John  Pringie,  Efq;  Sheriff  depute  of  the  county  of  E 

dinbu  gb- 
23.  WiUiaai  Scott,  folicltor-at4aw»  and  procurator-fifcal  0; 
the  fa  id  c  mntv  of  Edinburgh.         •         ' 

34.  J  ^feph  Mach,  writer  in  Eclinbuigh. 

35.  ^h-  James  Colquhoun  of  Lufs,  Baronet,  Sheriff- depuul 

pf  the  Hiire  of  Dunbarton.  ' 

36.  William  lionymanj  Efq;  Sheriff-depute  of  the  Ihire  o: 

Lanark.  -^  ■ 

37.  Harry  Davidfon,  Efq;  Sheriff  fubfdtute  of  the  county  ol 

Edinburgh. 

38.  George  Williamfon,  meifenger  in  Edinburgh. 

^9.  Mr.  James  Garniichael,  commander  of  the  Juflice  hulk, 
in  the  f  rvice  of  the  Board  of  Cuitoms. 

40.  William  Rofs,  Efq;  one  of  the  Juilices  of  Peace  for  th< 
county  of  vYigion.  -         '' 

LIST    OF   ASSIZE. 


Sir  John  Clerk,  of  P'^nnycuicks  Baronet. 

Sir  William  Dick,  of  Preftonfeld,  Baronet. 

Sir  John  Inglis  of  Cramond,  Baronet. 

Sir  Archibald  Hope,  of  Craighail,  Baronet, 
5   Sir  fames  FqwHs,  of Coliirigton,  Baronet. 

SirPhihp  Ainlle,  of  Comley^Bank. 

Charles  "W.itfon,  of  Saughcon» 

James  Forrelt,  of  Comifton. 

Thomas  Craig,  of  Riccarton. 
Uo  Captain  John  IngUs,  of  Aucbindinny , 

John  Wauchope,  of  Edmonftonec 

John  Balfour  younger,  of  Pilrig, 

David  Johnlion,  of  Baveiaw, 

John  Davie,  of  Gavifide. 
15  Andrew  Wauchope,  of  Niddry  Mariflial. 


John 


John  Trotter,  of  MortonhalL 

Gilbert  Inncs,  of  Stow. 

John  Dividfon,  of  Ravelrigg. 

James  Rocheid,  of  inverleich. 
to  John  Newt' n,  of  Curriehiil. 

James  Gaiderwood,  Durham,  of  Foltoi^, 

Thomas  Wright,   of  Greenhill. 

Janes  Gill' fpie,  of  Spyelaw. 

Thomas  Sivewright,  of  Souih-houfe. 
;25  James  Kerr,  of  Woodburn. 

John  Aives,  of  Dalkeith,  portioner. 

Panrick '-ridie,  hatter  ill  Edinburgh, 

Thomas  Brown,  bookfeller  there* 

Andrew  Smith,  perfumer  there. 
30  James  Charles,  hufier  there. 

Alexander  Inglis,  merchant  there, 

William  Pattifon,  merchant  there. 

William  Cooper,  irpholllerer  there. 

Andiew  Kamiay,  iiater  there,         * 
35  Thomas  Duncan,  bookfeller  there. 

Wiiiiam  Dairy mple,  merchant  there, 

Francis  Bnchan,  merchant  tiiere. 

James  Mansfield,  banker  there, 

Donald  Smith,  banker  there. 
40  James  Dickfon,  bookfeller  there, 

Samuel  Patterfon,  merchant  there, 

George  Kinnear5^4?^nker  there. 

Andrew  Forbes,  merchant  there. 

John  Horner,  merchant  there, 
^5.  Alexander  Wallace,  banker  there. 

Wm.  NAIRNE. 
ALEX.  ABERCROMBr, 

JOHN  swij^rroN, 


To  this  indidment,  Mr.  Muir  pleaded,  Not  Guilry.  He 
was  then  afked  by  the  Lord  Juilice  Clerk,  if  he  had  any  ob- 
jedions  to  the  relevancy  of  the  charges  which  it  contained; 
Mr.  Muir  replied  that  he  had  luiiformlj  confidered  the  Jury 


f      22      ) 

ft3  the  only  judges  of  the  law  and  of  the  fad ;  and  that,  in  this 
ilage  of  the  trial,  he  would  plead  upon  no  point,  which 
might  preclude  the  determination  of  the  Juryj  by  a  previous 
decifion  of  the  Court. 

In  point  of  form,  it  is  required  in  Scotland,  that  the 
perfon  accafed  fiiouid  communicate  upon  the  evening  pre- 
ceding the  trial,  in  vvriTing  the  fubftance  of  his  defence 
v;ith  a  lift  of  the  witneiTes  intended  to  be  adduced  in  excul» 
pation.  ]\^r.  Mair  had  coriiplied  with  this  rule,  and  the 
Clerk  of  Court  read  the  following  defence* ; 

DEFENCES. 

Tke  Criminal  Libel  is  falfe  and  injurious;  fo  far  frorn 
exciting  the  people  to  riot  and  infurreftion,  it  can  eafily  be 
proved,  by  a  numerous  lift  of  witneftcs,  that,  upon  every 
cccaiion,  the  pannel  exhorted  them  to  purfue  meafures  mo- 
derate, legal,  peaceable,  and  conftitutional.  The  chirge 
of  diftributing  feditious  publications,  and  of  advifing  the 
people  to  read  them,  -is  equally  falfe  and  calumnious.  The 
pannel  admits,  that  on  the  great  national  queftion,  con- 
cerning an  equal  reprefentation  of  the  People  in  the  Houfe 
of  commons,  he  exerted  every  eifort  to  procure  in  that 
Houfe,  a  full,  fair,  and  equal  reprefentation  of  the  people, 
as  he  conlidered  it  to  be  a  meafure,  fand  ftill  does,)  the 
nioft  falutary  for  the  intereft  of  his  Country.  But  the  pan- 
nel cflers  to  prove,  that  as  he  confidered  the  information  of 
the  People  to  be  the  chief  thing  requifite  to  accomplifti  this 
great  objeci,  he  uniformly  advifed  them  to  read  every  pub- 
lication, upon  either  fide,  which  the  important  queftion  of 
Parliamentary  Preform  had  occalioned. 

Annexed  are  a  lift  of  witnefTcs  in  exculpation. 

Under  proteftation  to  add  and  eik. 

(Signed)  Thomas  Muir. 


List  c/" Witnesses,  adduced  in  Exculpation. 

William  PJddle,  baker  in  Glafgovv, 

John    Hamilton,    manufadurcr,   St    Andrew's   Square; 

Glafgow. 
David  Dale,  jun.  manufadurer  there;  Bafil 


(  n  ) 

Baiil  Ronald  of  Broomelone,  glover  in  Glafgow* 

Alexander  Pa'k,  writer  in  Giafgow. 

George  Wad  del,  manufacturer  In  Giafgow. 

George  Ruffel,  merchant  in  Gallowgate,  Giafgow; 

John  Brock,  manufacturer  in  Glafgo  -\ 

John  Wilfon,  fhoemaker  in  Garbals  of  Giafgow. 

John  Lockhart,  mafon  there. 

Walter  Hart,  heritor  in  Tradeflown,  Giafgow. 

Hugh  Moadie,  fpirit  dealer  in  Giafgow. 

James  Cooper,  llioemaker,  Giafgow, 

John  Gray,  manufacturer,  Giafgow. 

Daniel  M'Arthur,  one  of  the  mailers  of  the  grammar-fchool^ 
Giafgow.  • 

James  Richardfon,  fen.  merchant,  Giafgow. 

William  Clydefdale,  cabinet-maker  there. 

John  Tennant,  brewer  there. 

George  Bell,  jun,  manufacturer  there. 

George  Stayley,  manufacturer  in  Balmanno  Street,   Giaf- 
gow. 

Robert  M'Kinlay,  print-€utter  In  Mr.  Fulton's  employments, 
near  Paifiey. 

William  Orr,  jun.  manufacturer  in  Paiiley. 

James  Craig,  manufacturer,  W^ater  Brae,  Pailley. 

James  Gemmel,  merchant,  Storie  Street,  Paiflej. 

William  Muir,  Fiiherrow,  Pailley. 

Hamilton  Ballantyne,  Storie  Street,  Paifley. 

James  Muir,  weaver,  Shuttle  Street,  Paifley. 

John  Buchannan,  foreman  at  Kincaid  Printfield,  in  the  pa-^ 
rifh  of  Camplie. 

Robert  Honorie,  printer  there. 

Patrick  Horn,  printer  there. 

Sraollec  M'Lintock,  block-cutter  there. 

Wiliiam  Henry,  of  Borrowltown  parilli,  Baldernock; 

James  MGibbon,  printer,  at  Kincaid  printfield, 

John  Freelandj  difiiller  in  Kirkintilloch. 

Andrew  Rochead,  younger  of  Duntiblaemill,  pariih  of  2^ir« 
kintiiloch, 

Robert  Boak,  furgeon  in  Kirkintilloch. 

John  Edmond,  print-cutter,  Kincaid  printfield, 

Robert  MUiarj  weaver  in  Cambauilang, 

The 


Tfie  Rev.  M?»'  Wiliram  Bunn,  mimller  of  Ivlrldhtillocrv. 
David  Wallace,  late  fervant  to  James  Muir  of  Hunterfhil] 

now  to  James  Stark  of  Adamflte. 
Robert  Scott,  weaver  in  Kirkintilloch. 
Archibald  Binnie,  type-fi>imder,  Edinburghv 
Charles  Salter,  brewer  in  Edinburgh. 
Peter  Wood,  teacher  in  Portfburgh. 
John  Buchannan,  baker  in  Canongatel' 

■  Bell,  tobacconift,  Canongate. 

William  Skirving,  Edinburgh. 

Maurice  Thompfon,  ftarch-maker  there, 

Andrew  Wiifon,  brewer  in  Portfburgho 

John  Smith,  weavet,  Lothian  Road. 

Peter  Hardie,  brewer  in  Portfburgh. 

Col.  Vv^iiiiam  Dalrymple,  of  Fordel.- 

William  Johnfton,  Efq;  Edinburgh. 

The  Right  Hon.  Lord  Daer.- 

■■-'•''  Newton,  reliding  St.  Patrick*s  Square,  Edinl)Ui'gli» 


Ihe  following  Interlocutor  was  then  pronounced  by  the 
Court  upon  the  relevancy. 

"  The  Lord  Juf!ice  Clerk,  and  Lords  Commiiiioners  of 
^^  Jufliciary,  having  conlidered  the  criminal  libel,  laifed 
"  and  purfued  at  the  inftance  of  Robert  Dundas^  Eiq;  of 
"  Arniilon,  his  Majefty's  Advocate,  for  his  .M.;]^-ft\'s  in- 
*'  tereft,  againft  the  faid  Thomas  Muir,  panne],  ihey  hud 
*'  the  libel  relevant  to  infer  the  pains  of  law,  but  ailow  tie 
*'  pannei  to  prove  all  fads  and  circum fiances  that  may  tend 
*'  to  exculpare  him,  or  alleviate  his  guilt ;  and  remit  the 
''  pannei  with  the  libel,  as  found  relevant,  to  the  4mow- 
"^  ledge  of  an  Affize." 


ASSIZE. 

Sir  James  Foulis  of  Collintnn. 
Captain  Jgha  Jjiglis  of  Auchindinnyc 


Joha 


.(      2S      ) 

John  Wauchope  of  Edmondon, 

John  Balfour,  younger  of  Pihig. 
5  Andrew  Wauchope,  of  Niddry-Marilliall. 

John  Trotter  of  Morton-Hall, 

Gilbert  Innes  of  Stow. 

Jnmes  Rochead  of  Inverleith. 

John  Alves  of  Dalkeith,  Portioner. 
lo  William  Dalrymple,  merchant,  Edin. 

Donald  Smith,  banker,  Edin. 

James  Dicklon,  bookfeller,  Edin. 

George  Kinnear,  bankei-,  Edin. 

Andrew  Forbes,  merchant,  Edin, 
15  John  Horner,  merchant,  Edin. 


Immediately  afterwards  the  Lord  Jiillice  Clerk,  afked 
Mr.  Muir,  it  he  had  any  thing  further  to  ftate,  in  fapport 
of  thefe  defences,  as  in  the  furcber  courfe  of  the  trial,  he 
would  be  precluded  from  adducing  any  thing  extraneous. 

Mr.  Muir  then  rofe  up  snd  fiid,  according  to  the  rule  of 
court,  I  have  the  evening  before  this  day,  communicated 
to  the  public  profccutor  the  fubdance  of  my  defence  in  v/rit- 
ing.  The  truth  of  every  vvord  in  that  defeiice,  I  iliall  llrong- 
\y  prove  before  I  leave  this  ban  I  admit  that  I  exerted  e- 
very  effort,  to  procure  a  more  equal  reprefei.tation  of  the 
People  in  the  Koufe  of  Commons.  If  that  be  a  crime,  I 
plead  guiky  to  the  charge,  I  acknowledge  that  I  confider-> 
ed  the  caufe  of  Parliamentary  P.eform  to  be  eifential  to  the 
falvation  of  ray  Country  :  But  1  deny  that  I  ever  advifed 
the  People  to  ai tempt  to  accompliih  that  great  objeft,  by 
any  means  which  the  conilitution  did  not  fandion.  1  grant 
that  I  advifed  the  people,  to  read  different  publications 
upon  both  lides,  which  this  great  national  queftion  had  ex- 
cited, and  I  am.  not  afnamed  to  aflign  my  motives.  I  c'">n- 
fider  the  ignorance  of  the  people,  on  the  one  hand,  to  be  the 
fource  from  which  derpotiim  flows.  I  confider,  upon  the 
other  hand,  an  ignorant  people,  impreifed  with  a  fenfe  of 
grievances,and  wiihmg  tohave  thefe  grievances  redrelTed,  to 
be  cxpofed  to  certain  mifcry  and  to  complete  ruin.     KNOW- 

D  LEDGK 


(      25      ) 

LEBGE  mild  always  precede  REFORMATION,  and  v/fio 
Ihaii  DARE  to  fay  that  the  PEOPLE  flioufd  be  debarred 
from  INFORMATION,  where  it  concerns  them  fo  Hiatcri^ 
ally  ?  I  am  acculed  of  fedition  ;  and  yet,  I  can  prove  by 
thoufands  of  witnefies,  that  I  warned  the  people  of  the 
danger  of  that  crime,  exhorted  them  to  adopt  none  but  mea- 
fures  which  were  conftitutional,  and  intreated  them,  to  con- 
necl  liher'y  with  knowledge,  and  both  with  morality.  This 
is  w^iat  I  can  prove.     If  thefe  are  crimes,  I  am  guilty. 

Captain  Inglis,  before  being  fworn,  mentioned  that  he' 
was  a  fervant  of  Government  ;    that   he  underftood   Mr. , 
Muir  was   accufed  of  a  crime  againft  Government  ;    and 
that  he  did  not  coniider  it  as  proper,  that  Mr.  Muir  fliould 
be  tried  by  a  Jury  compofsd  of  fervants  of  Government  ;. 
that  his  mind  felt  fcrupuious,  laboured  under  much  anxie- 
ty, and  he'begged  leave  to  decline  being  a  Juryman.     Cap- 
tain Inglis  was   informed  by  the  Court,   that  there  vi.'as  nO' 
impropriety  in  his  being  a  Juryman,  although  belonging  to 
the  ferviceof  Government. 

The  Lord  Juilice  Clerk,  in  the  ufual  form,  allied  Mr. 
Muir,  if  he  had  any  objeftions  to  ftate  to  the  firfl  five  gen- 
tlemen, whofe  names  he  had  felefted  from  the  lift  of  affize. 

Mr.  MuiPv  faid  :  Of  thefe  gentlemen  I  have  no  perfonal 
knowledge.  Their  fituations  in  life  are  refpeclable,  and  I 
-believe  them  to  be, men  of  truth,  and  of  honour  ;  yet  my 
iltuation  and  theirs  is  fo  peculiar,  that  I  am  obliged  to  ob- 
jecl  to  them  being  upon  this  Jury.  The  queftion  of  Par- 
iiamenrary  Reform  has  agitated  deeply,  in  proportion  to~ 
its  magnitude,  the  minds  of  men  in  this  country ;  different 
opinions  have  been  adopted,  and  different  parties  have  been 
formed.  Thefe  gentlemen  belong  to  an  aflbciation  which 
affembied  in  Goldfmith's  Llall,  calling  themfelves  the 
Friends  of  the  Conftitution,  united  to  fupport  it  againil 
Republicans  and  Levellers,  and  exprefling  their  zeal  ,to  fup- 
prefs  tumult  and  fedition.  I  belong  to  the  aifcciation  of 
the  Friends  of  the  People.  Viewing  a  reform  in  the  re- 
prefenration  of  the  people  as  a  mcafure  the  moil  conducive 
to  the  flabihty  of  the  conllitution,  and  to  the  felicity  of  the 

people, 


(     27     ) 

people  v/e  united  our  common  exertions,  by  legal  meafures, 
to  accompliili  that  objeft. 

To  the  confticution,  in  its  genuine  principles,  we  have  To- 
lenmly  pledged  Ourfelves — Never  have  v/e  profcffcd  to  be  its 
enemies,  yet  the  allociation  in  Goldfmith's  Hall,  by  a  delibe- 
rate and  public  act  of  their's,  have  declared,  that  we  v/ere  the 
enemies  of  the  conftitution.  Equally  zealous  in  our  declara- 
ti'ns  to  the  v/orld— -in  our  repiobating  riot  and  fedition  ;  and 
fincere  in  our  hearts,  that  afltjciation  has  denounced  us  to 
this  country,  as  attempting  to  kindle  the  torch  of  civil 
war,  and  to  lay  it  in  blood  and  in  deflruftion.  The  fact 
upon  which  1  found  this  charge  is  notorious,  and  cannot 
be  denied.  A  Convention  of  Delegates,  from  all  the  So- 
cieties of  the  Friends  of  the  People  in  Scotland,  affembled 
in  this  city,  upon  the  nth  day  of  December  lalt.  Of  this 
Convention  I  had  the  honour  of  being  a  member.  The  con- 
vention accorded  with  the  alTociation  in  Goldfmith's  Hall, 
in  their  zeal  to  fupport  the  conftitution,  in  ^heii*  abhor- 
rence of  fedition,  and  in  their  determination  to  concur  with 
good  citizens  in  their  fuppreflion  of  riot  and  of  tumult.  To 
teftify  then  to  this  aiTociation,  their  principles  and  their 
objevif,  the  Convention  ordered  a  number  of  its  members  to 
repair  to  their  Hall,  and  to  fubfcribe  the  book  which  they 

I  had  opened,  of  adherence  to  the  conftitution.     In  this  num- 
ber I  was  included.     We  did  fo.     And,  What  v/ere  the  con- 
ifequences  ?  The  affociation  erazed  our  names,  and  publifh-. 
edin  the  papers  of  the  day  their  proceeding.     Was  not  this,. 
i  an   tlQ:  of  public  profcription  againft  us  ali  ?     Accufed  this 
I  day   of  fedition,  of  an  attempt   to  overtliiOV»f  the  confti  tu- 
ition, fnali  thofe  men  be  my  Jurymen  .?  who  have  not  mere- 
'|ly  accufed   me,   but  iikewile  judged  and  condemned   me 
iwithoUw  knovv'ing  me,  without  leaving  me   the  poiiibility   of 
:ithe  power  of  vindication.       This  trial  is    no  trivial  matter. 
It  ailcds  me,  but  it  affeds  the  country  more.    The  noife  of  it 
will  pais  down  to  other  times,  and  pofterity  may  fancy  their 

|iinolt  valuable  righis  connected  with  its  confequences. 

^j     A  rrfpeclable  gentlenian  of  the  five  to  whom  I  nov^r  ob- 

■.,  jjccl,  has  felt  the  delicacy  of  his  lituation,  and  has  honour- 

'oVf  avowed  his    fcruples.      Such  fentiments,    fo  refpecl- 

-:i  in  themfelves,  I  truft  are  common  to  all  his  colieapu  ■■■s. 

D  s  Thi| 


(    28    ) 

This  IS  not  the  only  obje£i:ion  I  Hate  to  the  Gentlemen 
of  Goldfmith's  Hall  beina,-  of  my  Jury.  I  am  accufed  of 
circulating  the  works  of  Mr.  Paine.  That  aiTociation  has' 
publicy  advertifed  their  horrors  at  the  doctrines  contain- 
ed in  cheie  books.  Nay,  more,  they  have  offeied  a  leward 
of  five  guineas,  to  any  who  vviU  difcover  a  perfon  who  may 
liave  circulated  them!  If  this  is  not  prejudicating  my  caufe, 
I  demand  to  know  what  prejudication  is  ? 

Upon  thefe  two  objedions,  i  fnall  make  no  farther  obfer- 
Vations.  To  fupnofe  them  not  well  founded,  v/ould  be  to  in- 
fait  the  common  fenfe  and  the  common  feelings  of  mankind. 

I  demand  juflice.  Let  me  be  tried  fairly,  not  by  a  Jury 
of  the  aifocicition  of  Goldinait'h's  Hail,  not  by  a  Jury  of  the 
AlTociation  of  the  Friends  of  the  People,  but  by  men  uncon- 
iieded  with  either,  whofe  minds  cannot  poliibly  be  fuppofed 
•warped  with  prejudices.  I  THEREFORE  SOLEMNLY 
"PROTEST,  that  no  perfon  who  is  a  member  of  the  AlTocia- 
tion in  Goldfmith^s  Hallj  fhould,  or  can,  be  of  the  Jury  in 
my  trial. 

Solicitor-General  Blair  replied,  That  he  confidered  this 
objedion  to  be  of  the  moil  extraordinary  nature.  The 
pannel  is  accufed  of  forming  affrsciations,  contrary  to  the 
Conititution,  and  he  prefumes  to  objecl  to  thofe  Gentlemen, 
who  formed  aflbciations  in  its  defence.  With  equal  pro- 
priety might  the  pannel  objeft  to  their  Lordlhips  on  the 
Bench,  to  be  his  juoiges  in  this  trial :  their  Lordfhips  had 
fworn  to  defend  their  Conftitution. 

Mr.  MuiR.  This  day,  I  will  not  defcepd  into  the  qui'.v 
hlts  <.  f  a  Lawyer.  I  object  to  thefe  gentlemen,  not  becaufe 
they  ailociaied  in  defence  of  the  conftitution,  I  too,  as  well 
as  they »  have  affucisted  in  defence  of  the  conflitution.  But 
my  obje6lion  is ^  that  they,  by  an  acl  of  theirs,  have  publicly 
accufed  me  of  being  an  ene- my  to  the  conititution,  have  al- 
ready pronounced  the  fentence  of  condemmaiion,  and  have 
impofed  upon  my  name  the  feal  of  piofcription. 

Lord  JUSTICE  Clerk. — If  the  objedions  of  the  pannel 
were  relevant,  it  would  extend  far  indeed;  it  would  go  te 
every  perfon  who  had  taken  the  oaths  to  government.  I 
can  fe&  nothing  in  the  objection^  and  I  am  clear  for  repelling 
it. 

Lord 


(    29    ) 

Lord  Henderla.nd. — I  can  fee  nothing  in  the  objefiion; 
thefe  gentlemen  entered  into  a  fociety  for  a  particular  pur- 
pofe,  and  had  the  right  of  judging  of  the  quahficarion  of 
their  members ;  they  did  not  think  Mr,  Miiir  or  his  fiiends 
proper  members.  In  no  trial  whatever  could  thisnbe  a  good 
objedion. 

The  objediion  wasrepelkd.  Mr.  Muir,  however,  conti- 
nued to  repeat  it,  as  every  five  were  fworn. 

When  the  lifl  of  the  five  laft  was  prefented,  he  faid  it  wasr 
not  fufficient  to  fay  that  thefe  genilemen  weie  free  to  form 
a  fociety,  this  is  a  fadl  which  no  man  in  his  iound  fenfe? 
will  difpute.  But,  this  fociety  when  formed,  had  openedj 
in  a  public  place,  a  book  for  public  fubfcription.  By  re- 
peated advertifements  they  had  called  upon  every  friend 
to  the  conftitution,  every  enemy  tofedition  and  tumult,  e- 
very  perfon  inimical  to  a  public  divifion  of  property  by  a 
levelling"  fyllem,  to  come  and  fubfcribe  their  names  in  that 
book,  as  expreffive  of  their  attachment  to  the  conflitution, 
to  property,  and  to  peace.  Every  porter,  every  chairman 
from  the  Itreets,  was  allowed  to  infert  his  fubfcription, 
V/hy  were  the  nanic^s  or  the  pannel  and  his  friends  expun- 
ged  ?  Was  it  not  a  public  denunciation  of  their  being  the 
fupportt-rs  of  that  fyilem  of  plunder  and  of  diforder,  which 
that  aflbciation  was  to  oppofe  ? 

When  the  Jury  we  re  iworn  In,  Mr^  Muir  again  fiated, 
that  he  believed  them  to  be  men  of  truth  and  integrity, 
but  never  v/ould  ceafe  recalling  to  their  attention  the  pe- 
culiarity of  their  fituation.  They  had  alreadv  determined 
his  fate.  They  had  already  judged  his  caufe  ;  and,  as  they 
valued  their  reputation,  their  own  internal  peace,  he  en- 
treated  —Here   Mr.  Muir  was  interrupted    by     the 

Court,  who  concurred  in  opinion,  that  his  conduct  was  ex- 
ceedingly improper,  in  taking  up  their  tin^e,  as  the  objec- 
tion had  been  repelled  ! 

The  counfel  for  the  Crown  now  proceeded  to  call  the 
witnefles. 

ALEXANDER  JOHNSTON. 

Mr.  MuiR  objefted  to  this  witnefs.     He  faid  he  did  not 

knov7 


{    3©    )' 

1rno\v  him.  He  did  not  remember  if  ever  he  had  feen  himj 
but  he  could  clearly  prove,  by  refpedable  witnelTes,  that 
this  perfon  had  faid,  upon  hearing  of  his  arrival  in  Scot- 
land, tha^Ui^  would  do  every  thing  in  his  power  to  have  him 
hanged.  ^ 

Mr.  MuiR  was  a&ed  if  he  could  condefcend  upon  any 
particular  circumftances  of  malice,  which  this  wimefs 
eiiiertained  againfi:  him.  He  replied  that  he  did  not 
know  him,  therefore  could  fpecify  no  circumilances  from 
which  the  propofed  Vv^itnefs  might  have  entertained  malice 
againft  him  ;  but  the  fact  thafhc  had  fo  expreffed  hirafelf 
was  certain  and  true,  and  if  permitted,  he  would  im- 
mediately fubilantiate  Vv'har  he  had  afferted;  by  the  moft  con- 
vincing proof. 

The  objedlion  was  repelled.  The  Court  obferved,  that 
Vv^itReiies  might  be  aveifs  to  bear  teftimony.  That  for  this 
purpofe  they  might  make  fimilar  aifcrtions  in  order  to  dif- 
qualify  theinfelves.  That  if,  upon  objedlions  of  this  kind, 
they  were  to  be  caft,  the  ends  of  public  Juftice.  might  be 
defeated  ;  befides,  it  was  obferved,  that  t|ie  vvitnefs  would 
be  purged  of  malice  upon  oath. 

Theobjedion  was  over-ruled,  and  the  witnefs  was  adduced. 

ALEXANDER  JOHNSTON, 

Depones,  That  he  was  prefent  at  a  meeting  in  Kirk  in- 
tiiloch,  fometime  in  the  month  of  November  laft,  but  does 
not  remember  the  day.  That  the  meeting  had  then  no 
name,  but  has  been  fince  knov/n  by  the  name  of  a  Reform 
Meetntg.  Mr.  Mair  was  pL-t;fent  who  harangued  the  m.eet- 
ing.  As  fir  as  he  recoiled-,  Mr.  Muir  addreffed  the  Pre- 
fident;  Itatcd  the  diiadvani:ages  in  the  Keprefentrtion,  fome 
Boroughs  being  rotren,  others  having  no  vote.  He  ftated 
the  population  of  England,  and  Scotland,  and  mentioned, 
that  from  the  fm.illnefs  of  the  number  who  voted,  the  peo- 
ple v/ers  not  fully  reprefented.  Mr.  Muir  faid,  that  if  a 
jnan  paid  £.  20,000  for  a  feat  in  Parliament,  he  behoved 
to  derive  fome  jntereft  from  his  feat,  and  he  referred  to  the 
people,  whether  it  was  leafonable  that  a  man  fhould  pny  fo 
inuch  for  a  feat  ia  Parliament,  without  deriving  fome  emo- 
lument 


(    3'     3 

lament  In  return.  That  the  Duke  of  Richmond,  had  corn- 
plained  of  this,  and  had  _^.  30,000. — He  was  lilenr. — That 
Mr.  Mnir  compared  our  Conilitution  with  the  French,  and 
faid,  that  beyond  a  doubt  they  would  be  fuccefsful.  That 
they  we:"e  more  equally  reprefented,  and  their  taxes  much 
lefs.  That  two  thirds  of  the  French  national  debt  was 
already  paid.  That  a  manuficfturer  in  this  country  could 
not  bring  his  goods  to  market  with'  the  fame  advantage  as 
the  French  Manufa^lurers  ;  of  courfe,  v/e  fiiould  lofe  our 
trade.  Mi.  Muir  faid,  the  Society  ought  to  be  acquainted 
with  the  principles  of  thofe  members  they  admitted.  That 
the  fole  intention  of  thefe  Societies,  was  to  procure  a  more 
-  equal  and  a  flicrter  duration  of  Pari  ament.  That  the  means 
thefe  Societies  were  to  ufe,  for  thcfs  ends,  was  co  petition 
Parliament,  and  to  communicate  their  refoiutions,  and  ex- 
tend their  knowledge,  by  publifiiing  and  circulating  iifeful 
publications.  That  in  order  to  obtain  that  knowledge,  they 
-ought  to  get  all  political  pamphkct.  from  a  neighbouring 
Bookfeller  ?  but  he  did  not  mention  any  pamphlet  in  parti-' 
cular. 

Upon   the  interrogatory   of  the   Solicitor-General.     De^ 
poned,  That  nothing  was  faid  about  a  Kmg,  but  that  the 
Conilitution  ough:  to  ccnfift  cf  King,  Lords,  and  Comm.ons. 
There   was  mention  made  of  Paine's  Rights  of  Man,   but 
not  by  Mr.  Muir.     One  man  in  the  Society,  not  in    a  pub- 
lic manner,  but  to  his  neighbour  privately,  faidj  he  ha  d  read 
:  that  work.      I'he   mOil  of  the  members  were  young  wea- 
'  vers,  from  eighteen  to  twenty  years  of  age.     He   knew  of 
j  no  previous  meeting  at  Kirkintilloch,  this   one  being  the 
conltituting  one.     Mr.  Muir  did  not  come  into  the   miCeting 
I  till  after  it  was  conftituted,  but  had  promifed  in  the  morn- 
'I  ing  to  be  there.      He  feemed  to  be  the  principal  man  in  that 
;:  Society,  and  faid,  he.  belonged  to   other   Societies,  of  the 
fame  fort :  He  recoaimended  a  timeous  accompliihment  of 
jthe  buiinefs,  in  order,  that  when  the  different  meetings  had 
]  communicated  with  each  other,  they  might   lay    ic  before 
Parliament.     At  the  time  he  recommended  the  above   mea- 
,  fure,  fome  of  the  members  wifned  to  form  meetings.     Be- 
I ing  interrogated  by  Mr.  Muir,  be   deponed,  Than  Mr,  Muir 
(  did  recommend  peace  and  regularity   to  the  meeting,  and 
i  obfcrved 


(    32    )  J 

obferved  that  any  tumult  or  diforder  would  ruin  tlieir  com- 
mon caufe.  He  told  the  meeting,  that  there  was  no  other 
mode  of  procuring  redrefa,  but  by  applying  to  Parliament, 
and  he  recommended  to  the  meeting  to  be  ware  of  admit- 
ting immoral  charaders  as  members. 

ROBERT  WEDDELy 

Depones,  That  he  remembers  a  meeting  in  Kirkintillocli, 
about  the  beginning  of  November  lafl",  which  was  called 
the  meeting  of  the  Friends  of  the  People,  or,  for  a  Parlia-* 
menrary  Reform.  That  Mr,  Muir  was  at  this  meeting,  which 
was  the  conftituting  meeting— came  in  after  the  meeting 
began,  and  mAde  a  fpeech  in  which  he  advifed  regularity  in 
their  proceedings  ;  and  mentioned  that  they  ought  to  pro- 
ceed, in  a  conftitutional  manner,  as  the  law  now  is,  by 
King,  Lords,  and  Commons.  Ke  faid  nothing  about  the 
expence  of  a  King,  nor  the  burden  of  taxes,  nor  the  com- 
parative expence  of  the  French  Government,  nor  did  he 
mention  the  fuccels  of  their  arms.  He  fpoke  about  ten  mi- 
nutes. After  the  meeting  broke  up,  the  witnefs  met  Mr, 
Muir  with  fome  others,  in  Mr.  Wallace's,  Baker  in  Kirkin- 
tiiloch,  where  the  converfation  was  about  the  politics  of 
the  country — there  were  about  eight  prefent  in  Mr.  Wal- 
lace's, or  one  fourth  of  the  number  that  was  at  the  meeting. 
The  wiunefs  was  Vice-Prefident  of  the  meeting,  Mr. 
Freeland  was  Prelident,  and  James  Eaird  was  Secretary,  there 
were  no  other  officers,  and  all  thefe  were  with  Mr.  Muir 
in  Wallace's.  He  does  not  remember  the  particulars  of 
the  converfation,  but  Flower  on  the  French  Conilitution 
was  mentioned,  which  he  never  before  had  heard  of.  He 
thinks  it  was  Mr.  Muir  that  mentioned  this  book,  in 
fpeaking  ot  new  publications,  and  he  remembers  books 
being  fpoken  of.  Depones,  That  at  the  meeting,  one  Boyd 
allied  iV.Ir.  Muir's  opinion  about  Paine's  Woiks,  when  Mr. 
Muir  faid,  that  it  was  foreign  to  their  purpofe.  He  remem- 
bers this,  becaufe  he  was  angry  at  the  queilion  being  afked. 

Upon  the  Lord  Advocate's  interrogatory,  Whether  Flow- 
er's book  had  been  recommended,  Mr.  Muir  objeded  to  the 
qucflion.     The  witnefs  was  removed. 

Mr, 


(     33     ) 

Mr.  Muip..— There  is  no  ficcafation  brQUp;ht  againft  this 
bov->"k  in  the  iibel-  Let  it  be  admitted  that  this  book  is  of 
a  ledihous  or  a  treaionable  nature,  yet,  as  I  am  not  accu- 
fed  of  either  recommending  or  circulating  it,  bow  can  any 
thing  under  this- indifbrjcnr,  C'aiccrrsing  it,  be  adduced  in 
•evidence  againft  me  ?  I  plecui  upon  a  great  principle  of  na- 
tural ju  (lice  :  1  look  for.'.'  rd  tu  other  times,  and  I  tremble 
for  the  precedent,  if  tins  were  not  the  cafe.  I  -A-ou-d  not 
fay  that  1  merely  approved  of  that  booiv  of  Ivlr.  Flower's., 
but,  in  this  great  auriience,  I  would  recommend  ir-  princi- 
ples, m  general,  to  evfrv  man  who  va  ued  the  in'evefrs  of 
his  coLinLry,  and  whofe  feelings  interell  him  in  the  h^ppineis 
of  human  kind. 

Lord  Advocate.-— The  charge  againfi  the  Pannel  is  fe- 
dition,  and  it  is  branched  out  under  various  heads.  One 
of  thefe  wasg  advifing  people  to  purchafe  feditious  books; 
and  he  was  entitled  to  examine  as  to  fach  facls,  though  e- 
very  particular  book  or  faft  was  not  condefcended  on  in  the 
libel. 

Mr.  MuiR.—Neither  in  juftice  nor  in  lav/  has  tlie  Pub- 
lic Profecutor  a  right  to  bring  againft  ip.e  a  general  charge. 
Every  criminal  charge,  upon  the  fads,  muft  be  foecial,  iji 
order  that  the  pannel  m.ay  know  the  crime  that  is  alledged 
againft  him,  and  accordingly  prepare  the  fpecial  matter  o£ 
his  defence. 

Lord  Justice  Clerk.— By  the  Statute  of  James  VL 
wherever  art  and  part  is  libelled,  there  can  be  no  objediori 
to  the  generality.  This  is  a  proper  qiiefiion  ;  and  it  has  a 
tendency  to  eilablifli  the  major  piopofition,  ana  it  ought  to 
]be  fuftained. 

The  Lord  Advocate  gave  up  the  qucftion. 

The  witnefs  was  again  calledin,  and  deponeed,  That  he 
knows  of  no  books  having  been  rccomaiended  to  be  pur- 
chafed  in  confequence  of  this  meeting,  except  Henry's  Hif- 
tory  of  England.  The  books  purchaied  by  the  witnefs  for 
the  Society  or  orhcrs,  were  three  or  four  copies  of  the  Po- 
litical progrcls:,— three  or  four  copies  of  the  Paillev  Decia- 
ravion,  one  copy  for  his  own  ufe  and  one  for  the  >^ocicty  : 
That  he  was  n»t  ordered  by  the  meeting  to  buy  them,  but 
bought  them  for  his  own  ufe,   and  to  (how  his  neighbours. 

E  He 


C     34    ) 

Ke  never  purchafed  any  of  Paine's  PampHets,  but  he  got 
a  copy  of  that  pamphlet,  he  does  not  know  from  whom, 
and  which  happened  fometime  before  the  meeting.  He  ne- 
ver favv  the  Dialogue  between  the  Governors  and  rhe  Go- 
verned He  fa  w  the  Patriot,  and  was  fhown  it  by  Mr.  Willi- 
am  Muir.  Upon  being  interrogated  by  the  Fannei,  depones, 
That  he  recommended  Henry's  Hiftory  but  uo  other  book, 
—That  he  recommended  order  and  regularity  ;  and  upon 
the  Solicitor  Generars  interrogatory.,  depones,  That  Mr, 
Muir  particularly  faid,  that  they  would  be  the  more  fuc- 
cefsful  the  more  they  were  conftitutional :  That  their  end 
v/as  to  obtain  a  more  equal  Reprefentation  in  Parliament: 
That  the  v/itnefs  meant  by  that  a  more  equal  Reprefenta- 
tion ;  but  he  does  not  know  the  precife  terms:  That  he 
cannot  ftiy  more,  but  there  were  different  opinions  in 
the  Society,  one  part  of  them  wanting  it  confined  to  the 
landed  intereft,  another  to  have  it  thai  every  man  fhould 
have  a  vote,  but  Mr.  Muir  gave  no  opinion.  Upon  Mr. 
Muir's  interrogatory,  depones,  that  Mr.  Muir  recommend- 
ed to  avoid  riot,  and  faid,  that  tumult  would  ruin  the  caufe  ; 
he  alfo  advifed  them  to  take  care  of  the  moral  charadler  of 
the  members  whom  they  admitted.  He  does  not  remember 
whether  Mr.  Muir  faid  he  v/ould  defert  them,  if  they  be- 
came unconftirutional,  and  he  does  not  remember  that  he 
recommended  them  to  purchafe  any  other  book  than  Hen- 
ry's Hiftory  of  England. 

REV.  MR.  JAMES  LAPSLIE. 

The  Public  Frofecutor  next  adduced  as  a  witncfs  Mr 
Lapfiie— 

Mr.  PvIuiR— Let  this  witnefs  be  removed.  I  have  ??ia7i^ 
objeclions    to  ftate  againft  him. 

Mr.   Lapfiie  wa^,  accordingly  rer;.oyed, 

Mr.  Muir — I  have  faid  that  I  have  many  objections 
to  Ifatc,  both  to  the  admiffibility  and  credibility,  of  this 
vvitnefs.  My  delicacy  with  regard  to  that  man,  wili,  at 
prefent,  permit  me  to  adduce  the  leaft  weighty  only  ;  for  I 
mean  to  prove  the  mcil  important,  in  a  different  (hape,  in 
a  criminal  profecution  againft  him,  when  he  and  I  fhali  ex- 
change places  at  this  bar.  I  know  not  what  title  this  Re- 
verend 


(    35    ) 

v€rend  Gentlemen  has  to  ad  as  an  agent  for  the  Crown"; 
but  this  I  Oiler  to  pi'ove,  that  he  affilled  the  MclTengers  of 
the  Law,  m  exploring  and  citing  witneifes  agaiiifl  me  ;  that 
he  attended  the  (hetiffs  in  their  different  viiits  to  the  pa- 
riihes  ox"  Campiie  and  Kirkintilloch,  that  ]->revioufly  to  the 
precognition,  he  converted  v\ith  the  witneffes  of  the  Crown, 
that  he  artended  their  precognition,  pat  queftions  to  them 
and  took  down  notes  5  nay,  more,  that,  wiihout  bemg  cit- 
ed bv  the  Profecutor,  he  offered  hiraieif  ult' oneoufly  againft 

[  me,  an  .1  infilled  that  his  declaration  fliould  be  taken  in  the 

I  unufual  form,  with  his  oath  attending  it,  to  atteft  its  truth. 

,  Uoon  other  matters  I  Hiall  not  dwell;  it  is  fufficient  for 
me  fay,   that  this  v^itnefs   attended   the  precognition  of  o- 

,  thcr  witntues;  The  unitorm  and  the  late  deciflons  of  your 
LordPnins  have  failained  this  obiedion— the  witnefs  there- 

;  fore  cannot  be  examined. 

The  Lord  i^dvocate  faid,  that  he  knew  the  Court  had 
fuftaincd  the  objection  in  many  late  cafes.  He  would  not 
dilpute  the  point  of  Law  at  prefent,  afterwards  indeed  he 
niight  upon  lome  future  occafion,  but  confented  that  Mr. 

:  Muir  (hould  be  allowed  to  prove  the  firft  part  of  hs  objec- 
tion, of  Mr.  Lapllie's  aclivity  as  an  sgent  In  colleding  evi* 
dence  againft  them. 

In  proof  of  the  objedion  Mr.  Muir  called 

HENRY  FREELAND,  ^ 
Depones,  That  he  knows  Mr.  Honeyman,  (Sheriff  of 
Lanarkfhire)  and  faw  him  at  Kirkintilloch,  in  company 
with  Mr.  Lapfiie.  and  another  gentleman,  a  writer  in  Glal- 
gow.  Mr,  Honeyman  examined  the  witnefs  abolit  Mr. 
Tvldir  ;  and,  during  the  precognition,  Mr.  Lapilie  alfo  put 
queitions  to  the  vv'itnefs.  He  ai\ed  him,  if  he  had  got  a 
College  education,  which  being  anfwered  in  the  negative, 
Mr.  Lapfiie  faid  he  was  a  clever  fellow,  and  when  he  faw 
him  Vv^rite,  he  faid  it  was  a  pity  fuch  a  clever  fellow  fnould 
be' a  weaver,  and  that  it  was  in  Mr.  Honey  man's  power  to 
procure  him  a  birth,  which  was  faid  in  prefence  of  Mr. 
licneym.an.  That  when  Mr.  Honeyman  examined  him  a- 
bout  how  ofcen  Mr.  Muir  had  been  at  Kirkintilloch  meet- 
ings, Mr.  Lapilie  alfo  afe^d  him  if  Mr.  Muir  had  been 
1.    '  E  2  Txiors 


(    36    ) 

more  than  once  there.     That  on  the  above  occafion  when  l 
Mr.  Lapilie  p -nifed  the  witnefs's   abilities,  the  wicnefs   an- 
fwered,  that  it  was  flattery ^  when  Mr.  Lapfiie  clapped  him  i 
on  the  fhoulder,  and  laid  it  was  no  fueh  thing,   but  that  i%  i 
was  probable  Mr.  Honeyman  would  fee  him  again. 
Mr.  Muir  then  called 

ROBEPvT  HENRY, 

Who  deponed,  Tiiat  he  was  examined  by  Mr.  Honeyman 
about  Mr.  Muir:  That  Mr.  Lapflie  was  prefent  all  the  time 
lie  was  io  examined. 

ROBERT  M'KINLEY 

Was  then  called,  who  deponed,  That  he  was  examined 
at  Camplie  by  Mr.  Honeyman,  iii  preknce  of  Mr.  Lapflie 
and  Mr.  Shiels.  Mr.  LapHie  fpoke  to  the  witnefs  beiore 
the  examination,  and  told  hirn  to  fpeak  the  whole  truth,- 
iind  frequenrly  exhoned  him,  during  the  examination,  to  tell 
every  thing  as  it  concerned  Pvlr.  Muir,  and  not  him  the 
witnefs. 

Mr  Muir  proceeded  to  call  James  M'Gibbon,  when  the 
Lord  Advocate  gave  up  Mr.  Lapflie's  evidence ;  confcquent- 
Ij  there  no  longer  remained  any  nectiiity  to  examine  more 
"witnefies,  with  regard  to  the  condudl  of  that  gentleman. 
The  PiOfecutor  laid,  that  he  gave  up  Mr.  Lapllie  as  a  wit- 
nefsj  not  on  the  ground  of  his  being  prefent  at  the  precog- 
nitions, but  becaufe  he  appeared,  if  not  an  agent,  at  leaft  to 
liave  taken  an  active  part  m  the  bufinefs. 

The  ev.dence  for  the  Crown  'dicn  proceeded. 

HENRY  FREELAND. 

When  this  wimefs  appeared,  Mr.  Muir  cbferved,  that 
the  Jury  would  remember,  that  from  what  this  witnefs  had 
already  deponed,  it  would  appear  that  he  had  got  the  pro- 
inife  of  a  good  deed. 

Then  the  witnefs  being  examined,  depones,  That  Jre  was 
prefcnc  at  a  mecrting  in  KiikintilJoch,  which  was  called 
a  Society  for  Rcfoun,  on  the  3d  November  iaft.  He  was 
prelid  :nt  that  night  and  fat  in  the  Cbrdr.  Mr^  Muir  was 
there,  and  made  a  fpeech  ot  about  a  quarter  of  an   hour. 

The 


(    37     ) 

The  general  purport  cf  the  fpeech  was  about  fliortening  tlic 
duration  of  Farliament,   and  a  more   equal  rcprerentaticn. 
He  thought  the   taxes   might  be  leffened  by  thefe  means  : 
That  rhe  Reform  was  not  to  take  effecf  as  to  the  King  and 
Houie  of  Lords,  but  only  of  the  Commons.     He  meritioned 
tit:  fuccefs  of  the  French  arms,  and  thiU  liberty  would   be 
eitabiiibed  in  France.     He  fpoke  of  books   in  general,    but 
he  does  not  recolledt  the  name  of  any  being  mentioned  but 
Hmry's    Hiitory  of  England  :  in   general   it   was  political 
bouks.     The  books   this   witnefs   remembers  to  have  feen, 
are  the  Proceedings  of  the  V/efcnnniler  Aif/ciation,  the  Pa- 
triot,  and   Paifitry  Dsclaration.     It   had  been  fuggefced  by 
one  Boyd  to purcha'e  Paine,  but  Mr.  iMuir  fliook  his  head, 
and  faid  it  was  forej-ir  to  tne   purpofe  :    That   ihe   v/itnefs 
''  fome   time  before  this   fpoke   to   Mr.   Muir   about  Paine^s 
book,   and  afked  it  as  a  iavour   to   get   the   loan  of  it,  and 
Mr-  Muir  bid   him   fearch   his  great    coat   pocket,   and   he 
would  get  it,   and   that  he   got   it   accordingly  :   That  this 
was   on  the  Tuefday  ;  eight   davs  before   the    meeting,   at 
wnich  time  Mr.  Muir  had  lent  for  him  to  Mr.  Wallace's, 
i    and  t.dd  him  that  he  had  heard  of  the  intended  fociety,  and 
j    that  the  witnefs  ^vas  to  be  a  meniber  ;   and  that   Mr.  Muir 
and   the  witnefs  afterwards  talked  of  locieties   in  general  : 
That  the  witnefs  took  Paine  home  with  him,   and  read  it, 
I   and  gave  it  to  his  iiricr  :  That  he  gave  it  to  one  Scott,  and 
alfo  to  one  Ste'vvart,  who  had  fonghi:  it  ieveral  times,  3nd 
was  angry  he  had  not  \j.ot  it  fooner :   That  Mr.   Muir  laid, 
whe,-    the  witneis  frit  aiied  the   book   from   him,    that   he 
thought  it  had  a  tendency  to  mrflead  the   people,   and   that 
nothing  further  palled  in  refpeci:  to  it  ;  and  that  he  has  con- 
cealed nothing  :   That  he  was  furprifed   Mr.  Muir  did   not 
recommend  it,   becaufe  every   body   elfe   fpoke    well   of  it, 
and  was  furprifed  that  Mr.  Muir  faid  it  had   a   bad   tenden- 
;  jcy :    That  Mr   Muir  did  not  approve  of  the  book,  but  on. 
the  contrary,   faid   ir  had  a  bad  tendency  :  That  he  knov^'S 
no  particular   reafon    for    Lis    being  fent    for  :     That    he 
knows  books  were   bouaht   for   the  fociety  ;    and   that  he 
•wrote  to  Mr.  Muir,  fayino,-  that  the  books  then  ia  circula- 
,  tion    gave    fatisr'aclion  :    That    he    received    a    letter   from 
l\  Mr.    Muir,     telling    that   Mr.    Provan's   caufe    had   been 
'  decided 


(     3^ 


^^Q  ded  in  the  Court  of  SeiTion  :  That  he  got  two  letters 

m  Mr.  Muir,  in  which  he  deiired  ihe  wicnefs  to  imprefs" 
the  focieiy  with  the. importance  offending  a  del  gale  to  the 
Convention,  and  hoped  co  fee  him  there,  but  faid  nothing 
about  the  books  ;  That  the  Paifl  y  Declaration  purchaied 
for  tne  Society  was  not  recommended  by  any  particuiar 
perfon  :  That  the  book  before  mentioned  was  afcerw-ards 
given  up  by  the  witnefs  to  the  She, iff ;  and  the  book  being 
fliown  to  him,  he  tl'iiiiks  it  the  fame  :  That  he  cut  up  the 
le.ives  '  That  the  witnefs  firil  nieniioned  the  book  to  Mr. 
Ivlmr  :  That  there  were  two  pamphlets  in  Mr.  Muir's  poc-' 
ker.  Up  ;n  Mr,  M  il  's  Interrogatory — depones,  there  w^as 
r.n  ;nrc;ntion  of  having  this  fociety  long  before  the  witnefs 
faw  hin  :  Th.;t  M..  vVallace,  at  whofe  houfe  tliere  was  an 
adjournment  from  the  mfeun^j,-  as  aforefaid,  was  an  old  fer- 
vant  of  Mr  Ivluir's  iather,  and  Kirkintilloch  is  within  four 
miles  of  Hunterihill,  hi'>  fatiier*s  houfe  :  That  he  did  not- 
recommend  any  other  book  than  Henry's  H.ftory  of  Eng^ 
land  :  That  he  told  them  all  not  wouid  be  ruin  to  the  caufe, 
snd  recommended  them  to  be  conftitutionai  and  regular  : 
That  the  people  were  to  peticion  Parliament,  and  that  there 
was  no  other  way  of  geiiinp  a  Reform.  That  on  Paine 
being  recommended  in  the  fociety,  i^4r,  Muir  faid  it  was 
foreign  to  the  fubject  :  that  the  witnefs  having  heard  that 
a  Proclamation  of  the  ICing  was  againfl  that  book,  he  was". 
upon  that  account  cuiious  to  fee  it,  and  he  firft  fpoke  of  it 
to  Mr.  Muir.     ■ 

WILLIAM  MUIR.    , 

When  the  oath  vcas  propofed  to  be  adminiilered  to  this 
witnefs,  he  refufed  to  fwear,  as  being  contrary  to  his  re- 
ligious p.iacipies.  Bc'uv?;  allied  w^hatthefe "principles  were, 
he  declared  he  was  one  ofthofewho  are  called  the  M)un- 
tain  :  Tiiat  he  had  no  objedions  to  be  examined  :  That  he 
would  tell  the  v/hole  truth,  but  could  n  )t  wrong\  his  own 
confcience  by  takmg  an  oath,   wdiich  he  thought  unlawful. 

The  Court  obferved  to  him,  that  if  he  would  not  fwear, 
no  other  alternative  remained  to  them,  but  to  commit  him 
to  prifon  ;  that  there  was  no  v^ay  by  which  he  could  ever 
obtain  his  liberation,  and  that  his  imprifjnment  would   be^ 

perpe- 


C  ,:^9  ) 

perpetual.  Kc  replied,  that  he  could  not  help  it,  and  that 
he  knew  the  Lord  was  prefent  in  prifjn,  as  well  as  prefent 
any  where  e]{e. 

The  Judges  aflced  him,  if  be  believed  in  the  Bible  ;  to 
which  he  anfwered,  he  did.  He  was  then  inrerrogated,  if 
he  could  point  out  any  particular  paiHige  which  taught 
him  the  unlavrfuhiefs  of  taking  an  oath.  In  order  to  re- 
move his  fcruples  they  quoted  feveral  paiTages  iTom  the 
Bible,  but  he  (till  adhered  to  his  firft  declaraiion.  faying, 
that  he  could  not  take  the  oath  v/ithout  deferring  his  prin- 
ciples, which  he  was  determined  never  to  do. 

The  Lord  Advocate  moved,  that  this- perfon  fhould  be 
committed  to  prifon  for  his  contumacy,  informed  him  there 
was  no  way  by  which  he  could  ever  be  fet  free  ;  and,  in 
•exprefs  words,  declared  that  his  imprifonment  would  be  e- 
•ternal. 

Mr.  MuiR — I  believe  this  perfon  to  be  a  good  and  confci- 
entious  man.  Whether  he  be  right  or  wrong  in  refufmg  to 
take  this  oath,  is  not  an  objcd  of  my  inquiry.  He  is  ad- 
duced as  a  witnefs  by  the  profecutor  againPc'me.  I  have 
•therefore  the  mofl  material  interePc  that  hefnould  be  fvv^orn, 
but  rather  than  he  fhould  fuffer  for  adling  according  to  the 
•dilates  of  his  confcience,  I  wave  my  right,  and  I  will  ad- 
mit every  word  which  he  utters,  although  not  upon  oath, 
•to  be  as  true  as  if  it  were. 

The  Court  obferved,  that  neither  they,  nor  the  jury 
could  liften  to  any  evidence  but  what  was  given  upon  oath. 
The  law  exprefsly  required  it,  'and  it  could  not  be  difpenfed 
with,  and  that  the  Profecutor  and  public  juftice  was  con- 
cerned in  this  matter  alfo. 

William  Muir  perfifted  in  his  refufal.  The  Court  com- 
mitted him  to  prifon,  declaring  they  knew  no  mode  by 
which  by  the  law  of  Scotland,  he  could  be  liberated.  By 
the  ofiicers  of  Court  he  was  conducted  to  prifon. 

JOHN  BROWN 

Depones,  That  he  was  prefent  at  a  meeting  at  Carapfiej 

about  the  month  of  October  or  November  laft  :  That  Mr. 

'  Muir  and  Mr.  Buchanan  both  fpoke  at  the  meeting  :  That 

^■^e  alfo  was  uta  meeting  in  Kiukintilloch  :  That  he  does  not 

•  -  under- 


C     40     )       .  .  I 

uiiderfLand  thefe  meetings  were  called  by  Mr.  Mnir  :  Tliat 
he  has  bought  Painc's  book,  but  does  n:;t  recoiled  ;vhether 
he  did  fo  before  or  after  the  meeting :  I'hat:  he  bought  it 
mereiv  from  curiohty,  feeing   the  title  in  a  window  :  That 
he  does  not  remember,  whether  or  not  that  book  waS  men- 
tioned a:  the  meeting- :   That  he  does  not  recollect  iVlr.      uit 
mentioning  France  :  That  the  tenor  of  Mr.  Muir's  fpeech  ' 
was  to  inculcate  upon  them  the  neceflity  of  fobnety,  to  pur- 
fue  conliitutional    meafures,    and    to    read    coniiitutional  j 
books :    That  there  were  no  books  in  the  meeting,  and  that ' 
at  a  converfation  he  heard  Mr.  Muirfay,  That  Paine's  book  .| 
was  not  a  coniliLUtional  book,  and  would  not  do. 

ANNE  FISHER, 

Depones,  that  fne  was  fometime  fervant  to  Mr.  Muir's ; 
father;  fhe  knows  about  the  time  libelled,  Mr.  Muir  waS  ^ 
•much  bufied  about  reading  and  writing,  but  does  not  know ' 
the  fubjedf  :  That  (he  was  fentto  Mr.  Mennons'  with  a  mef- 
lage  from  Mr.  Muir,  and  with  a  paper^,  which  flie  thinks; 
was  entitled  a  Declaration  of  Rights,  which  had  not  been  i 
piinted  as .  he  wanted,  and  to  get  it  corrected.     She  faW ' 
at  that  rime,  a  good  many  country  people  coming  abouc  . 
•Mr.  Miiii's  father's   lliop  :  That  Mr.   Muir  has  frequently' 
iaid  to  thefe  country  people,  that  Mr  Paine's  look  was  a 
good  book  :   That  fhQ  has  frequently  bought  this  book  fof 
people  in  the  fhop,  and  that  this  was  fometimes  at  the  de-* 
lire  of  Mr.  Muir,  and  fomsciraes  at  that  of  thele  people.     She 
bought  both  the  tirli  and  fecond  part  of  Paine's,  at  diiTerent 
times,  and  when  fhe  returned  with  them,  llie    fometimes 
laid  them  on  the  table,  and  fometimes  gave  them  to  the  peo- 
ple, that  fhe  bought  two  different  parts   at  different  times, 
ibr  Alexander  Muir,  Mr.   Muir's  uncle.     She  was  fent  fof 
a  copy  by  Mr.  John  Muir  hatter,   but  is  not  fure  whether 
or  not  file  got  it.    That  John  Muir  was  much  prelled  upon  by 
the  Paqnel  to  purchase  the  book  :  That,  to  the  bed  of  her 
rememi)rance,  ilie  bought  one  foi'  one  Barclay  :  That  flie 
knows  Mr.  Muir's  hair  dreffer  Thomas  IViJfon,  and  Ihe  has 
heard  Mr.  Muir  advihnghim  to  buy  Paine's  Rights  of  man,  , 
and  to  keep  them  in  his  fliop  to  enhghten  the  people,  as  it, 
confuted  Mr.  Burke  entirely  :  She  read  this  book  Jierfelf, 

and 


(     41     ) 

and  got  It  !ii  Jier  rnafl:er'r>  houfe  :  That  ilie  hns  Ccen  one  copf 
on  fine  paper,  and  one  cr  tvvo  coarre  ones  :  Th:ir.  to  [he 
beft  of  h.^r  reaiembraii'-'e,  lli^  has  ieen  the  Paifl -y  Deciar.i- 
tion  on  Mr  Muir's  table,  and  fo^nct'nnes  in  the  dining 
ro  m  :  Tliac  llie  thinks  (hs  his,  Teen  the  Diaio^^uc  in  M'. 
Muir's  room,  and  as  he  hcavd  him  read  it,  m  prei^nce  r,f  iiis 
mother,  iiiler,  and  others,  in  hi^  father's  back  l'h^)p  :  That 
Mr.  Mnir  Taid,  it  was  very  clever,  and  wrote  by  "ii':  Vil- 
fiew,  one  of  the  nrft  wirs  in  France  :  That  ilie  does  not  re- 
iiernber  to  have  feen  the  Patrit  t :  That  flie  thinks  ilie  has 
heard  part  of  the  Paificy  Declaradon  read  by  Mr.  Mnir  in 
the  fvdd  back  Oiop,  in  prefence  of  foinebody,  that  being; 
the  common  place  where  he  read  thefe  books:  That  {h6 
hns  been  rent  i'rom  th,c  back  fliop  upttairs  for  feme  books  : 
That  fne  d'^.es  not  recolleft  Vvhether  he  thus  read  thefe  books 
on  a  market  day  ;  and  that  die  has  knou'D  him  read  foms 
French  ]aw  books:  That  Ike  has  hca;d  him  fpeak  aboiic 
Reform  and  rr.embers  of  Farliament  :  That  if  every  body 
had  a  vote,  he  wonid  be  made  member  for  Galder  :  that! 
members  of  Parliament  werr  lO  liave  thirty  or  ibrry  ink- 
lings a-  day  ;  and  that,_'m  that  cal'e,  there  would  be  n.vne  but: 
honeft  men  to  keep  the  C^nfiiturion  clear  :  That  Viie  has 
heard  it  faid,  by  Mr  iMiiir,  that  France  was  ihe  molt 
fiourifhing  nation  in  the  world  ;  as  ihey  had  abobfhed  'y~ 
ramiy  and  g(n-  a  free  g':^vernmerit ;  that  file  heard  him  fay  the 
Conllitution  ef  this  coitntry  v/as  very  g'.^od,  bur  that  ma- 
ny abufes  had  crept  in  which  requiied  a  thor  ugli  Re- 
form :  That  the  Ccairts  or  law  required  Reform  alfo.  fur 
they  got  rheir  m»oney,  for  doing  nothing  but  proii:.uncinp; 
fentence  of  dv-ath  upon  poor  c -eat ures ;  and  that  it  v/as  ari 
ufeiefs  parade  ot  their  coming  in  to  Glafgovv'  :  That  iiie 
ttcollecl?,  about  thaT  time.,  of  Mr.  Mut  bem.g  Councd  for 
two  foldiers  ;  at  their  trnd  me  heard  him  fav,  that  h:-  told 
the  Judges  and  the  Jury,  as  irmch  as  Vv^hat  they  had  to  expedl, 

Mr-  i\luir  arofe,  and  made  a  motion  for  the  witneis  to 
1;vithdraw. 

Mr.  MuiP.  then  faid,  that  the  conduipE  of  the  Lord  Advo-^ 
cate  was,  m  every  refpeel,  highly  repreheniible.  He  has 
put  a  variety  of  queftions  to  witneiTes,  'v:th  regard  to 
crim'TS  of  which  1  am  xi^t  accufed.     The  indidmeni:  charges 

F  -  r;is 


(     42     )  i 

I 

me  with  maldng  feditious  fpeeches  at  Kirkintilloch  and  at 
Campfie,  vilifying  the  Conllifution  and  the  King,  and  in- 
flaming the  mines  of  people  to  rebellion.  It  charges  me 
wifh  diftributing  feditious  books  ;  and  it  fpecifies  that  I 
gave  away  Mr.  Paine's  Works,  fome  numbers  of  the  Pa- 
triot, .he  Dialogue  by  Volney,  betwixt  the  Governors  and 
the  Governed,  the  Paifley  Declaration  of  Rights,  and  of 
having  read,  in  the  Convention,  the  addrefs  from  the  Socie- 
ty of  United  Irifhmen  in  Dublin.  1  he  indidment  charges 
nothing  more,  there  is  not  a  fingle  letter  within  its  fouv 
corners  which  points  out  to  me  the  charge  of  fpeaking  dif- 
vefpeclfully  of  Courts  of  Juftice,  tending,  in  any  manner,  to 
excite  the  people  againft  the  adminiftrationof  the  law.  Com- 
pared to  a  Clime  of  this  nature,  the  giving  away  to  fingle  in- 
dividuals, iingle  copies  of  books  and  pamphlets,  which  may 
be  cfteemed  feditious,  is  a  trifle,  light  as  air.  If  the  pubHc 
Profecutor  had  evidence  that  I  was  guilty  of  this  crime,  he 
was  deficient  in  his  duty  to  the  public,  in  not  making  it  an 
article  of  accufation.  He  iTiould  have  manfully,  in  the  light, 
brought  it  forward  againfl:  me,  joined  a  fair  iflTue  betwixt 
«s,  and  then  I  would  have  defended  myfelf  the  beft  way  I 
could.  But  to  attempt  to  fiieal  in  as  evidence  in  this  way, 
to  prove  a  crime  which  he  duift  not  openly  libel,  becaufe  he 
knew  it  could  not  be  fupported,  merits  the  feverefl:  repro-. 
bation.  But  what  is  the  tendency  of  this  little  art  ?  this 
domeftic  and  well  tutored  fpy,  is  brought  to  prove  words 
which  may  irritate  your  minds  againfl;  me,— Yes,  this  is 
the  artifice,  this  is  it!s  objed,  but  your  juftice  will  render 
it  ineiTectual.  You  will  feel  the  fame  contempt  which  I 
do.  Let  us  pafs  from  that-— I  contend  upon  the  great  prin- 
cipal of  natural  juftice,  upon  the  conftitutional  law  of  this 
country,  that  no  perfon  can  be  tried  for  a  crime  of  which 
he  has  not  been  previoufly  accufed.  What  is  the  purpofe 
of  an  indidlment,  but  to  fpecify  the  crimes  which  are  to  be 
proved,  in  order  that  the  Pannel  may  have  an  opportunity 
to  prepare  his  defence?  Why  is  the  indidmcnt  ferved 
upon  him  fifteen  days  before  the  trial,  but  to  enable  him 
to  accomplifli  this  purpofe  ?  It  is  vain  to  fay,  that  un- 
der tiie  general  charge  of  fedition,  every  thing  tending  to 
prove  it  can  be  adduced,  although  not  Ipecially  mentioned. 


(     43     ) 

If  this  IS  now  to  be  adopfed  as  law,  what  portion  remains  to 
us  of  our  national  liberties  is  for  ever  torn  away.  Every 
thin^  is  infecure,  an  Inolidment  will  no  longer  be  regarded, 
but  as  a  piece  of  unmeaning  paper.  The  unfortunate  man 
who  receives  it  may  {^y,  I  am  charged  with  robbery.  I  have 
many  witneffes  to  prove  I  did  not  perpetrate  this  crime,  but 
what  avails  preparing  a  defence?  Not  a  frngle  witnefs  rnay 
perhaps  be  adduced  againll  me  for  that  offence.  I  may  ne- 
ver hear  a  word  of  it  in  Court,  but  I  may  be  inft^intly  cal- 
led upon  to  defend  myfelf  againil  a  charge  of  murder,  of 
fedition,  or  of  high  treafon.  In  fliort,  if,  under  the  fpeci- 
ous  pretence  of  being  allowed  to  introduce  what  is  not  (pc~ 
cified  in  the  libel  to  fupport  its  generality,  you  eftablifh  a 
precedent  of  this  kind,  you  ftrike  the  fatal  blow  againft  in- 
dividual fecurity,  and  of  general  fafety.  What  has  been 
called  the  criminal  law  of  this  country,  its  forms,  its  pre- 
cedents, and  its  principles,  are  for  ever  gone.  It  is  vain 
to  fay  that  the  ilatuie  of  James  VL  allows  this  proceeding. 
That  ilatute  is  now  obfolete.  By  the  law  of  Scotland  it  has 
gone  into  difuetude.  It  v/as  enaded  under  a  defpotic  reign, 
when  the  freedom  of  Scotland  was  trampled  under  the  foot 
of  power.  It  oppofes  every  principle  of  juHice  ;  and  will  you, 
after  the  lapfe  of fo  many  years,  defcend  into  the  grave,  drag 
the  peitilential  carcafe,  in  order  that  it  may  poifon  the  po- 
litical atmofpbere  ?---One  v/ord  more  upon  this  fubjed  : 
The  charge  againft  me  is  fedition.  That  crime,  from  its 
very  nature,  fuppoft-s,  arid.  infa<^,  it  has  often  happened, 
that  it  may  be  attended  by  rapine,  and  by  murder,  if, 
therefore,  under  the  generality,  you  allow  a  charge  of  vi- 
lifying the  Courts  of  Juilice,  which  1  never  heard  oi  before, 
you  mail,  by  the  fame  parity  of  reafoning,  allow  a  charge 
of  plunder,  equally  unheard  of,  to  be  adduced  as  an  agrava- 
tion  of  rhe  general  crime  of  fedition. 

This  queftion  is  of  little  importance  to  the  individual, 
who  is  now  flruggling  for  the  liberties  of  his  country.  Buc 
the  eyes  of  your  children  v.'ill  be  fixed  upon  this  trial,  and 
they  will  tremble  and  fliudder  at  the  precedent.  I  feel  for 
the  country,-  -I  feel  for  pofterity,—!  will  not  fandion  the 
procedure  v/hich  is  to  produce  to  both,  a  fyflcm  of  injuilicej 
of  ruin,  and  of  murder. 


.     (     44     ) 

LoiiP  Ai^vocATE  n^id  — -Mr.  Mulr  is  iridi^ted  for  the 
crime  of  ledition,  and  that  crinis  may  confiil  of  many  fads 
.anci  circumilances,  and  of  thefe  the  (Irongetl  muft  be.  feto- 
mo.Svv  and  ledKiouflj  itirring  up  the  inJi-cibitants  ?.j:amft  a 
la^vfui  King  and  a  good  Conftitut  on:  That,  to  piove  this, 
3"ic.  was  endtled  to  bring  in  evidence  every  word  of  any 
^onverfaiion  which  nnght  have  palled  bttwixt  ivlr,  JVIuir 
:ii)d  i^'-noranc  pec;pk  ;  every  pap„T,  every  fact,  and  every 
Wftn  i:;  which  could  he  got  :  That  no  perfon  cordcf  deny  the 
rel  v^-icy  of  the  fa.el,  viz.  the  abtiiing  and  viUfying  the 
■Co  ,it'^  of  juiliee  to  be  an  ai^gravation  of  the  crime  cf  fedi- 
tion  :  it  i3  tnat  crime  cf  which  the  Pannel  is  accufed,  and 
Jig  certainly  vv.iidd  be  perrniiiied  to  bring  forward  every 
•thing  v>d;ich  ould  lupp^at  the  change,  if  if  had  been  ne- 
•ceila.y  to  iV.e-:ify,  in  the  indicfirient,  all  the  facts  agamft 
thi  Pannd^  that  indicirnent  would  hu.ve  coveied,  by  ils 
xn  i  ;riitLiue,  the  avails  of  that  Court. 

Mr.  iVIuiR.— Thi:.  is  not  the  time  to  entertain  your  Lord- 
fliips  with  ij  othy  cieclaniatioo,  with  f:>unding,  butunmeaning 
periods.  I  ph:;ackd  upon  juii  principles  -,  every  perfon  here 
muil  Ice  their  flrengthj  and  iuuft  adnur  their  truth.- -If  theiie 
are  given  up,  ifthefe  are  violated,  PROPERTY,  and  LIBER- 
TY, and  LIFE  are  infecure.  Once  more;  .can  the  Lord 
/idvGcauc  hirnfelf  fey,  rh.at  if  he  '.--as  to  bring  the  general 
charge  o^'niurder  iigainfl:  me,  and  fhould  fpccify  that  1  had 
in  ,rdered  ja ::..es.,  Vv'culd  he  be  allovired  to  prove,  under  tiie 
.generahty,  that  I  had  murdered  Jo!  n  ?  Can  there  be  aiiv 
thing  more  phdn,  more  juit,  and  which  requires  lefs  argu- 
iDcni  tlian  tne  fimple  propoiiti-  n  wh:ch  I  fupport?  Idiat  if 
you  accule  a  nia;i  of  a  crune,  you  inud  telj  him  what  that 
jcrime  is,  in  order  that  he  ia'c\y  be  able  to  defend  himfcif  a- 
gamiLthe  accufation.  Particular  a.cls  niud  be  fpecificdj  in 
order  that  the  Fannel  may  b-  able  to  prove,  that  either 
thefe  ads  in  themfklves  were  innocent,  or  that  he  was  not 
?.ccciiary  to  them.  Tf  you  deftroy  this  propofition,  if  you 
.jhndion  the  reverfe,  what  remains  to  this  country,  but  the 
in'dancholy  p'olpect  of  ruin  and  of  defpair.-' 

Lord  Swinton  was  of  opinion,  that  reflecting  on  Courts 
.of  J  udice  v/as  incluiicd  under  the  general  charge  of  fedition^ 
p.iid  that  the  objedion  was  ground icfi'. 

LORH 


(     45     ) 

Lord  Dunsinnan,  conciined  with  Lord  Swlnton,  and 
..dtclued,  thiit  the  various  circuniftances  which  may  come 
ouc  in  evidence  nec^d  not    Le  f]:e(;ii'ed.        '^ 

L^ii^D  Aber.-.romev  could  not  tntertriin  the  fmallell 
4' u')t  i)f  their  being  a  necePJry  for  fpeciiying  in  the  libel, 
every  {editions  expteflion  that  might  have  be-^n  ui'ed. 

Lord  justice  I.l^iRK  was  clearly  of  opinion,  that  wheii 
one  cni:ic  is  charn-cd,  another,  and  a  difterent  one  cannot 
be  pr.-.v.ed  under  ihat  libel.  This  none  could  difpiite.  But 
was  C'lat  iht;  cafj  here  ?  The  Pannei  is  accufjd  of  fedicion ; 
ana  .vjli  any  p.-rlun  fi^v,  rh  it  it  is  not  a  circiiPx-^.rtance  of  fe- 
diijon  for  tivepiinnel  ir.  hiv^  infiaTied  the  niinds  of  the  peo- 
ple againilCouits  of  iiiiitice,  U)  i^"por^:r^^5  and  (b  material 
a  br.;nch  of  :he  Coiiilitutioa.  Unde'  the  Statute  of  King 
James  wherever  ai't  and  part  is  libelled,  the  Profecutor 
can  piove  every  fadf  and  circumliance,  and  no  objection  of 
gene rai i ty  i s  ad m i ,t e d . 

The  objedion  was  over-rided.  The  witne''s  was  called 
back;  who  deponed  :  That  ilie  had  heard  Mr.  Muir  fay, 
that  a  monarchical  ^"over^i^nent  would  be  the  beft  in  this 
cotmtry,  unuer  prope:  ;  c-firiaions ;  but  that  republican  go- 
vernments were  the  bell:  That  llie  has  been  fent  by  Mr. 
Muir  to  an  oiijaniii  in  the  direeis  of  Glaf^ow,  and  deiired 
him  to  pliy  ca  ira. 

Mr.  Muir  v/as  a&ed,  if  he  had  any  qneftions  to  put  to 
this  witiiefs.  He  replied  ;  I  difdam  to  put  a  quellion  to  a 
witnels  of  ihis  deicript:on=  The  witnels  turned  round  to 
Mr.  Muir,  ana  faid  fhe  wbhed  to  aik  him  one  queition. 
This  the  Lord  judicc  Cieik  would  not  permit,  as  be  would 
iLilf^jr  no  altercation  of  that  kind.  -The  Court  expreiled 
their  itrongeii  tiifapprcbation  of  the  terms  v/hich  Mr.  Muir 
had  ufsd  ;  and  Lord  Henderland  faid,  that  if  Mr.  Muir  had 
been  acting  as  a  counfel  at  the  bar,  inffead  of  being  in  thac 
fituation,  he  vv^ould  immediately  have  fent  him  to  priibn  for 
it  I  The  condect  ?.nd  the  accuracy  of  this  witnefs,  was  much 
Sipp'auded  by  the  G  urt. 

As  the  \v:r:.',f-.  was  wlchdrawing.,  a  Juryman  called  her 
back,  and  .ifked  lier^  if  He  had  had  any  quarrel  in  Mr.  Muir's 
father's  famhy,  to  which  file  replied,  that  fo  far  from  that, 
her  miilrefs  had  given  her  <s,  more  than  her  wages,   which 

were 


(    46    ) 

^ereat  her  option,  and  that  Mifs  Muir,had  given  her  a  pet- 
ticoat, with  ibme  other  prefents.     dt^Kl^ 

THOMAS  WILSON, 

Depones,  That  the  witnefs  was  in  ufe  to  drefs  Mr.  Muir, 
and  dieiied  him  in  Autumn  la/l  :  That  Mr.  Muir  having 
afked  the  witnefs  if  he  had  bought  Paiue's  Works ,  on  be- 
ing told  that  he  had  not,  he  advifed  him  to  get  a  copy,  as 
a  barber's  Ihop  was  a  good  place  to  read,  bat  he  did  not  buy- 
it.  That  he  bought  a  copy  of  the  Addrefs  to  the  AddrelTors, 
and  kept  it  a  day  or  two,  but  this  w^as  not  by  Mr.  Muir's 
'  advice.  That  he  remembers  an  old  man  from  the  country 
coming  to  Mr.  Muir,  when  he  was  drefimg  him,  and  Mr. 
Muir  toid  the  witnefs,  th^it  the  old  man  was  a  great  refor^. 
mer.  Upon  which  the  old  man  replied,  that  Mr.  Muir  was 
only  taunting  upon  him. 

Upon  being  interrogated  by  Mr.  Muir,  depones^  that  he 
has  heard  Mr.  Muir  fay,  that  he  would  maintain  the  Con- 
flicution  :  That  he  wifhed  for  peace  and  good  orderj  and 
good  morals  among  the  people  ;  and  that  he  never  heard 
him  fay  any  thing  againft  the  King  :  That  he  has  feen  Mr, 
Muir's  Library  in  the  country,  which  is  a  large  room  open 
to  all  the  family. 

The  Lord  Advocate  Rated  to  the  Court,  that  he  was 
informed  that  William  Muir,  the  perfon  committed  to  pri- 
fon,  was  a  parilhioner  of  the  P^ev.  Mr.  Dunn's,  mdnifler  of 
Kirkintilloch,  one  of  the  witneifes  inclofcd  agai  ft  the  Pan- 
ne!. That  if  Mr,  Dunn  was  allowed  to  converfe  with  him, 
he  might  remove  his  error,  and  preferve  him  from  fuifcring 
the  dreadful  punilhment  due  to  his  obftinacy.  He  there- 
fore moved  their  Lordflnps  to  allow  Mr.  Dunn  to  converfe 
with  Vvilliam  Muir  for  the  purpofe. 

Mr.  MaiR  oppofrd  the  motion. — He  faid,  he  had  already 
confcnted,  and  would  Itill  confent  to  admit  the  declaration 
of  William  Muir  ai^ainit  him  to  be  true,  although  not  ac- 
companied by  an  oaih.  To  prevent  the  witnefs  from  fuf- 
fering  any  puniJhinenr,  he  would  furrender  the  right  which 
the  law  gave  him  ;  but,  that  he  certainly  would   object  to 

conver- 


■      (    47    ) 

converfation  betwixt  that  wilnefs  and  Mr.  Dunn  :  Not  that 
he  fufpedled  any  thing  improper  to  take  place  in  thit  con- 
verfation, but  that  this  vv;is  a  great  and  important  caule  5 
a  trial  that  might  create  precedents  dangerous  to  thole  who 
might  come  after.  By  the  law  of  Scotland  all  witneiles 
mull  be  examined  apart  from  each  other.  The  law  is  jea- 
lous of  their  converfation  :  The  law  dreads  their  colkiiion, 
in  framing  together  a  confiftent  flory.  If,  in  this  cafe,  you 
allow  Mr.  Dunn  and  the  witnefs,  of  both  of  whom  1  have 
no  fufpicion,  to  converfe  together,  you  cannot  refufe  it  to 
others.  It  will  be  fufficient  for  two  witneiTes,  who  may 
have  an  intereft  in  a  trial,  to  play  the  fame  concerted  game^ 
in  order  to  tell  the  fame  concerted  flory  with  more  accura- 
cy, and  with  greater  fafety. 

The  Lord  Advocate  declared,  that  he  would  depart  from 
Mr.  Dunn  as  a  witnefs,  and  that  the  converfation  fhould 
proceed  in  the  prefence  of  an  officer  of  the  court,  or  of  fome 
perfon  on  the  part  of  Mr.  Muir. 

Mr.  Dunn  was  called  in.  He  was  ordered  to  converfe 
with  the  witnefs  in  prefence  of  one  of  the  macers  ;  enjoined 
not  to  fpeak  on  the  fubject  of  the  trial,  but  folely  about  the 
witnefb's  fcruplts  to  take  the  oath, 

JOHN  MUIR, 

P  Deponed,  That  he  knew  Mr.  James  Muir's  father  ;  and 
that  he  faw  Mr.  Muir  at  his  houfe  in  September  :  That  Mr. 
Muir  and  he  had  a  converfation  about  Mr.  Paine's  book  ; 
when  he  a&ed  Mr.  Muir,  as  a  favour,  to  get  him  it ;  when 
Mr.  Muir  faid,  he  had  it  not,  but  would  fend  for  it ;  and 
that  a  fervant  girl  was  accordingly  fent  for  it,  and  faid  Ihe 
had  purchafed  it  at  Brafh  and  Raid's,  Bocikfeilers,  in  G'laf- 
gow  ;  that  he  read  it  and  took  it  home  with  him,  but  that 
he  v^^ould  not  have  bought  it,  if  he  could  have  got  the  loan 
of  it. 

JOHN  BARCLAY, 

Deponed,  That  he  is  acquainted  with  Mr.  Muir ;  that  he 
had  a  converfation  with  Mr.  Muir  about  Paine's  book  :  That 
he  alked  Mr,  Muir  what  book  it  was,  when  he  anfwered, 

that 


(      48      ) 

^hat  he  might  huy  it,  if  he  cbofe,  as  it  was  printed  ;    but- 
afcer wards  faid  it  was  not  a  book  for  us. 

Upon  Mr.  Muir's  iRterrogation,  deponed,  That  he  is  an- 
elder  of  the  pariih  of  Caldev,  and  tliat  he  vo'ed  on  the  laaie 
iide  with  Mr  Muir,  in  the  eledion  of  a  niimfttrr  ;  that,  ui 
eonfequence  of  this,  he  was  frequently  with  iVlr.  Muir  ;  and, 
in  his  libuary,  froai  which  he  borroa'cd  fome  books  ;  that 
he  had  many  conveifations  with  Mr.  Muir^  and  he;ird  him 
fay,  that  this  conltitution  was  an  excellent  one,  and  tlie 
belt  in  th€  world  ;  that  he  has  heard  him  p  aife  the  Kin.u, 
and  always  heard  hiai  fpeak  of  order,  regidariLy,  and  obe- 
dience to  the  rallng  poweis  ;  that  he  called  upon  Mr.  Muir 
fince  he  came  to  Scotland,  who  fent  down  a  raeflage  that  he- 
could  not  fee  him,  as  he  would  have  no  conefpondence  witb 
any  who  might  be  eiced  againil  him  as  witneiies  on  tiiis  trials 
until  it  was  fmifned. 

JAMES  CAMPBELLy: 

D'sponed,  Thjjt  he  was  prefent  at  a  meeting  of  the  Con- 
"venrion  ;  that  he  called  there  on  his  way  h  me  from  the 
Parliament  Houfe  ;.  that  Mr.  Muir  was  not  there,  but  came 
in  foon  after  and  read  a  paper,  which,  being  iliewn  to  hira-y 
he  admitted  to  b.^  the  fame  with  the  Addrefs  from  the  So-- 
tietv  of  United  Iriflimen  of  Dublin  ;  that  Colonel  Dahvm-f' 
pk  pppofed  the  paper  being  read,  and  talked  of  taking  a 
proteft  ;  that,  after  Mr.  Muir  read  it,  he  faid  nothing, 
more  ;  but,  before  he  read  it,  he  fpoke  of  anfwering  it  ; 
but,  in  this,  there  was  no  vote  taken  ;  that  he  docs  not, 
know  how  the  paper  came,  and  that  a  copy  was  afiei  ward^ 
fent  him  in  a  blank  cover.  Being  interrogated  \\hether  the 
purport  of  Mr.  Muir's  fpecchcs  approved  or  not  of  this  paper,. 
fays,  he  knows  nothing  more  than  that  he  propofed  its  be- 
ing read  and  anfivered.  Depones,  That  it  was  cilTigned  as 
a  reafon  for  not  receiving  the  Addrefs,  that  they  had  no  • 
connedion  v/ith  it;  that  Mr,  Muir  thought  there  was  no 
improprieiy  in  receiving  and  anfwering  it,  and  would  take- 
the  burden  on  his  own  fhoulders. 

JAMES  DENHOLM, 

Deponed,  That  he  was  prefent  at  a  meeting  of  the  Con- 

v§niiioo 


(     49     ) 

Vention  in  Hecember ;  that  Mr.  Muir  was  there,  and  he 
hea.-d  him  read  that  paper,  cal'ed  the  IriJJj  Addrefs :  That 
obje6li()ns  were  made  to  irs  being  read,  and  Mr.  Muir  an- 
fwered,  that  he  favv  no  harm  in  it.  Colonel  Dairy mple 
protehed,  and  he  believes,  Mr.  Bell  did  fo  alio  ;  but  he 
does  not  remember  Mr,  Mo^thland  being  there  ;  that  he 
thought  it  poffible  it  might  be  illegal  ;  that  he  faw  it  on 
the  table,  but  doe  not  know  whether  Mr.  Muir  brought 
it  or  not ;  that  he  undcrflood  that  Mr  Muir  moved,  that 
an  anfv/er  fhould  be  fent ;  that  this  was  uiiTented  to,  buC 
he  does  not  recollecl  for  what  reafon,  and  he  thinks  that  it 
carried,  Not  to  be  fent.  The  Addrefs  being  fhewn  to  him, 
he  admitted  it  to  be  the  fame  which  he  had  form.erly  ligned. 
Being  interrogated  by  Mr.  Muir  ;  depon-  d,  That  he 
never  heard  hmi  fay  any  thing  unconftitutional ;  that  the 
purpofe  of  the  AiTociation  was  to  get  a  Reform  in  Faulia- 
iTient ;  that  he  knows  of  no  ether  objeft,  but  that  he  un« 
derftood  their  obje£l  was  an  alteration,  and  chat  he  was  not 
a  member  of  the  Convention, 

ROBERT  FORSYTH, 

Deponed,  That  he  was  prefent  at  a  meeting  of  the  Con- 
vention ;  that  Mr.  Muir  was  there,  and  read  a  printed  pa- 
per ;  that  there  were  fome  objtclions  made  to  the  reading 
of  it ;  that  the  witnefs  himfelf  made  one,  which  was,  '  That 
it  was  not  expedient  to  have  any  connection  with  others  ;' 
that  it  was  a  paper  which  we  ought  not  to  have  any  thing  to 
do  with  ;  that  it  was  a  paper  containing  fome  expreffions 
too  ftrong,  fuch  as,  '  an  inviolable  conftitution  was  a  ty- 
ranny,* that  Mr.  Muir  defended  the  paper,  and  faid,  it 
fhoiild  lie  upon  the  table. 

Upon  Mr.  Muir's  interrogatories,  the  witnefs  thinks  the 
Convention  came  to  a  refolution  to  adhere  to  the  genuine 
principles  of  the  Conftitution  ;  that  the  objefl:  was  to  reform 
the  eiedions,  and  fhorten  the  duration  of  Parliament ;  tbac 
Mr.  Muir  never  advifed  any  deviation  from  the  conftitution  ; 
that  he  never  heard  him  fpeak  ill  of  the  conftitution,  bu£ 
that  he  heard  him  advife  order, 

Q  WIL* 


c 


WILLIAM  MUIR. 

The  fcruples  of  this  witnefs  having  been  removed  ;  he 
was  brought  to  the  bar  and  confented  to  take  the  oath. 
Deponed,  That  he  was  twice  prefent  in  Wallace's  houfe  in 
Kirkintilloch,  once  before  the  focietj  was  formed,  and  once 
along  with  Mr.  Muir  ;  that  Freeiand  was  there,  and  Wal- 
lace ;  that,  at  this  meeting,  a  copy  of  Paine*s  Works  was 
taken  out  of  the  great-coat  pocket  of  Mr.  Muir  :  that  he 
does  not  remember  what  was  faid  about  the  book  ;  that 
he  is  not  fure  that  Mr.  Muir  fpoke  of  the  will  of  the  peo- 
ple being  the  fovereign  will,  but  that  it  was  faid  Paine  faid 
fo  ;  that  he  got  eleven  copies  of  the  Patriot,  and  a  copy  of 
the  Political  Progrefs ;  that  he  got  them  from  Mr.  Muir 
in  his  father's  houfe,  at  Hunterlhill,  who  bade  him  keep, 
them,  and  to  fhew  them  to  a  fociety  he  was  in,  which  was 
a  fociety  for  the  purpofe  of  pure  haling  and  reading  books. 

Being  interrogated  by  Mr.  Muir  ;  depones,  That  he 
does  not  remember  to  have  heard  him  fpeak  againPc  govern- 
ment;  that  Mr.  Muir  did  not  advife  unconftitutional  mea- 
fures  ;  that  he  heard  hira  fpeak  about  the  government  ; 
that  he  heard  him  tell  how  Sarum  was  reprefented. 

The  Lord  Advocate  caufed  the  fentence  of  fugitation 
againft  Mr.  Muir  to  be  read,  f  which  is  annexed  in  the  Ap- 
pend! xj  and  afterwards*  propofed  to  prove  the  Declarations 
before  the  Sheriff,  and  the  papers  that  were  found  upon 
Mr.  Muir  when  before  the  magiftrate  at  Stranraer.  In  or- 
der to  fave  time  and  trouble,  Mr.  Muir  agreed  to  admit  them 
without  proof,  but  under  this  exprefs  condition,  that  none 
of  thefc  papers  fhould  be  ufed  in  evidence' againft  him  of  a- 
iiy  criminality. 

If  thefe  papers,  faid  Mr.  Muir,  had  afforded  any  weighty 
difcoveries  of  my  guilt,  the  Indiftment  ihould  have  fo  Itat- 
ed.  It  was  impoffible  that  thefe  papers  could  afford  the 
fmalieft  prefumpcion  againft  me,  and  therefore  there  is  not 
a  ftrigle  article  of  the  Indictment  alledged  that  they  were  of 
a  culpable  tendency.  It  is  indeed  ftated  in  the  libel,  that 
thefe  papers  were  found  upon  me  ;  but  that  they  are  of  a 
felonious  or  a  feditious  tendency,  is  no  where  fet  forth.  In 
the  concluding  propofition  ot  the  Indidment,  in  which  the 

whole 


(    51     ) 

whole  criminal  charge  is  recapitulated,  thefe  papers  are  pafl^ 
ed  over  in  fiicnce.  In  proof  of  this  permit  me  to  read  the 
conckiJion  : 

*'  AT  LEAST,  times  and  places  above  mentioned,  the 
"  faid  Teditious  fpeeches  and  harangues  were  uttered,  the 
*'  faid  feditious  books  or  pamphlets  recommended  to  be 
*'  puichatbu  and  perufed,  the  faid  feditious  books  or  para- 
*'  p  lets  circulated  and  diftributed,  as  aforefaid,  and  the 
**  faid  Vv'icked  and  inflammatory  addrefs  produced,  read, 
'*  recommended,  and  approved  of,  in  manner  above  men- 
*'  tioned  ;  and  the  faid  Thomas  Muir  is  guilty  aftor,  or  art 
"  and  part,  of  all  and  each,  or  one  or  other  of  the  forefaid 
*'  crimes.  ALL  V\^HICH,  or  part  thereof,  being  found 
*'  proven,  by  the  verdi£l  of  an  ailize,  before  our  Lord  Juf- 
"  tice  General,  Lord  Jullice  Clerk,  and  Lords  CommiiTion- 
"  ers  of  Jufticiary,  in  a  Court  of  Jul! iciary  to  be  holden 
•'  by  them  within  the  Criminal  Court-houfe  of  Edinburgh, 
*f  the  faid  Thomas  Muir  OUGHT  to  be  punifhed  with  the 
"  pains  of  law,  to  deter  others  from  committing  the  like 
'•  crimes  in  all  time  coming." 

j     The  Lord  Advocate  in  reply  flared,  that  he  was  entituL 

ied  to  bring  forward  every  circumftance  which  could  crimi- 

piate  the  Pannel,   although   thefe   circumilances  w^ere  only 

I  collateral,  nor  in  iiuie  or  neceiTary  in  the  conclulion. 

i     \jT^^^  Clerk  of  Court  accordingly  read^  the  declarations,  the 

paffports^  and  the  other  papers^  which  are  annexed  in  the 

irbfjendix.'] 

\¥hen  the  Clerk  of  Court  proceeded   to  read   the  letter 

jifigned  J.  Muir,  the  Pannel  arofe,  and  faid,  Th^.t  he  faw  it 

llwas  vain  for  him   to   make    any  objection,  however  f!:rong 

|iit  might  be  in  law,  it  v/as  iure  to  be  over-ruled  ;  but  every 

ijmind  tinciured  v/ith  humanity,  would  ihrink  at  the  wanton 

i;difclofure  of  the  anxiety,  and  the  grief  of  a  private  family ; 

ef\?ecially  when  the  Profecutor  had  himfelf  admitted,   that 

papers  which  he  had  read,  and  propofed  to  read,  were 

.jaot  neceiTary  to  the  conclulion  of  the  libel. 

The  Lord  Advocate:  ftated,  that  his  condu6l  proceed- 
ed from  no  idle  curiofity,  that  the  letters  found  upon  Mr. 
Muir  would  completely  do  away  the  aifertion  of  his  anxi- 
Icty  to  return  home,  and  prove  the  guilt  attending  his  flighr. 

G  2  1  am 


(    52    ) 

I  am  convinced,  fald  Mr.  Muir,  of  the  reverfe.  I  gladly 
join  iffue  with  the  Profecator,  and  confent  to  thefe  letters 
being  read. 

After  the  papers  fubjoined  in  the  Appendix,  had  been 
I'ead,  the  Lord  Advocate  dec'ared  thepioof  nnifhed  on  the; 
par'  of"  the  Crown^  and  Mr.  Mair  commtinced  his  proof  in 
escuipation. 

PROOF  IN  EXCULPATION. 

WILLIAM    SKIPvVING, 

Depones,  That  it  was  thought  proper  that  Mr.  Miur 
fhould  attend  a  meeting  at  the  Friends  of  the  People  in  Lon- 
don ;  that  on  this  account  he  left  Edinburgh  and  went  to 
London  in  January  laft  ;  that  he  received  a  letter  frcm  Mr, 
Muir.  dated  fiom  London,  mentioning  that  he  had  appealed 
in  the  Society  at  London,  of  which  Mr.  Grey  is  a  meniber, 
and  giving  an  account  of  what  had  been  done  there  ;  that 
owing  to  fome  late  circnmitances  which  occurred  in  his  fa- 
mily he  cannot  at  prefent  find  Mr.  Muir's  letter,  but  thsr, 
according  to  the  beii  of  his  recolleciion.,  he  thinks,  Mr. 
Muir  wrote  hinrj^  he  was  advifed  by  fome  friends  to  go  to 
Trance,  as  he  might  have  fome  influence  with  the  leading 
people,  in  mitigating  the  fate  of  the  King  ;  that  while  Mr,; 
Muir  Vi^as  at  Paris,  he  received  a  letter  from  him,  givingi 
an  account  of  the  execution,  and  that  Mr.  Muir  mentioned 
in  that  letter,  that  he  would  return  as  foon  as  his  friends 
ihould  be  of  opinion  his  prefence  was  necclfary  in  Scotland  ; 
that  he  has  been  frequently  with  Mr.  Muir  m  private,  and 
has  often  heard  him  fpeak  in  public,  in  the  Societies  ;  that 
he  never  heard  him  fpeak  againft  the  conliiiuuion,  advifed 
the  people  to  diforder  or  fedition,  but  that  he  always  incuL 
cated  upon  them,  that  there  was  no  other  mode  of  obtain- 
ing the  propofcd  reform  tiian  by  applying  to  Parliament  by 
xefpeclful  petitions  ;  and  tliat  Mr.  Muir  never  fubmittcd  to 
ids  conlideration  any  plan  of  government ;  that  the  gen'-ral 
tenor  of  Mr.  Muii's  Addrefs  to  the  People  in  the  Societies, 

was 


(    53    ) 

yvss  to  imprefs  upon  their  minds  the  neceffity  of  good  or-^ 
deiv  and  that  becore  they  attempted  public  Reformarion  they 
ihould  begin  by  reforuiing  themfelves  ;  that  he  does  not 
believe  Mr.  Muir  is  connecled  with  any  Society,  abroad  or 
at  home,  for  the  purpofe  of  exciting  {edition  ;  chat  he  never 
heard  Mr.  M'.iir  fpeak  affainft  the  monarchicvd  part  of  our 
conftitution,  ard  that  he  has  been  m  hig  company  m  his 
ni'.nl  unguarded  moments ;  that  he  rem:-aibers  a  private 
converfation  v;irh  Mr,  Miiir,'  in  vyhjch  h.e  di'approved  of 
many  of  the  pnnci  Jes  in  Maine's  book,  and  boh  agreed 
that  many  oi  them  were  inipradicablc  ;  that  he  was  happy 
to  find  the  p.inriel  of  this  opinion,  snd  he  then  told  the  Pan- 
neL,  that  he  had  written  on  the  fubjefl,  and  propofed  to  give 
lediires  on  government;'  that  Mr.  Muir  approve^  fo  much 
of  the  proDcfal,  that  he  informed  him  that,  for  bimfelf,  he 
would  difpofe  of  eighty  or  a  hundred  tickets. 

Upon  the  interrogation  of  the  Lord  Advocate,  if  he  v/as 
not-  the  perfon  who  had  defigned  himfelr,  on  a  late  occafion 
Secretary  General  to  the  afFcciation  of  the  Friends  of  the 
People; — anf'vvered,  That  it  was  a  mere  mJ. flake  in  writing 
out  the  Petition,  for  he  was  Secretary  to  the  General  Af- 
fociation  of  the  Friends  of  the  People. 

Being  interrogated  by  Mr.  Muir,  if  he  remembered  the 
teoior  of  the  aniwer  v/hich  he  propofed  in  the  Convention 
to  the  Addvefs  of  the  Society  of  United  Iriilimeo  in  Dublin, 
deponeSj  That  he  carniot  recoiled:. 

JAMES  CAMPBELL, 

Depones,  That  in  the  beginning  of  laft  winter,  he  aded 
as  agent  for  Mr.  Muir  :  that  while  the  Pannel  was  in 
France,  he  received  from  him  t\vo  letters  from  Paiis,  which 
he  produced,  and  likewife  had  received  anorher  from  Ca- 
lais, upon  which  at  p^efent  he  could  not  lay  his  hands. 
Thefe  two  letters  were-  read  by  the  Clerk  of  Court,  ar-d  are 
fubjoined  in  the  appendix.  They  expreffed  Mr,  Muir's  wiL 
iingnefs  to  return  home  whenever  it  fhould  be  necciiary,  but 
at  the  fame  time  his  regret  for  fo  foon  leaving  an  amiable  fet 
of  acquaintances,  with  whom  his  fiiendfliip  was  juft  com- 
mencing. 

Upon  the  PanneFs  interrogatoryj  he  depones.  That  he 

never 


C     S4    ) 

never  heard  him  rittenipt  to  excite  the  people  of  the  Socie- 
ties to  fedition  or  outrage  ;  that  he  exhorted  them  to  avoid 
riotous  conducl,  to  behave  orderly,  peaceably,  and,  above 
all,  to  attend  to  the  moral  charadters  of  thofe  whom  they  ad- 
mitted members  ;  that  he  alfo  remembers  Mr.  Muir's  opi~ 
nion  of  Paine's  book  was,  that  it  might  be  dangerous  for 
people  of  weak  minds. 

JOHN  BUCHANAN, 
Depones,  That  he  has  often  heard  Mr.  Muir  fpeak  in 
the  Socitties  ;  that  he  never  adviied  fedition,  not,  infurrec- 
tion,  nor  unconftituiionaJ  meafures,  but,  that  they  fhould 
act  peaceably  and  orderly^  that  he  faid,  the  conftitution 
ought  to  direcl  all  their  applications  to  Parliament  ;  add, 
that  he  ufed  to  fay  in  converfation,  that  the  conftitution 
ought  to  be  to  us  the  polar  ftar,  and  that  we  (hoiild  begin 
our  Reformation  by  firll:  erecting  among  ourfelves  rhe  tem- 
ple of  morality  ;  that  he  had  more  fenfe  than  to  thiniv  of  pro- 
curing a  rcdreis  of  grievances  by  any  other  than  confthu- 
tional  meafures  ;  and  that  he  does  nor  remember  of  hearing 
him  give  any  opinion  upon  Paine's  books. 

WILLIAM  JOHNSTONE, 

Depones,  That  the  principles  of  Mr.  Muir  were  firmly 
for  fupporting  the  conftitution  as  it  Hood  at  prefent  ;  and 
that  ail  the  other  principles,  held  by  him,  grew  out  of  this 
one  ;  that  Mr.  Muir  never  advifed  tumult,  but  recommend- 
ed fobriety,  and  faid,  that  nothing  would  do  but  an  appli- 
cation to  Parliament  by  wtiy  of  a  Petition  ;  that  it  is  inc<^n- 
fi'dent  with  his  knowledge  that  Mr,  Muir  circulated  any 
books  or  pamphlets  ;  that  while  Mr.  Muir  was  in  France,  he 
received  h'om  him  one  or  two  letters  upon  general  fubjeds, 
but  that  he  lemembers  Mr.  Muir  exprelTed  in  them  his  in- 
tention of  returning  home  ;  that  he  had  fought  for  thefc 
letters,  but  could  not  lay  his  hand  upon  them. 

MAURICE  THOMPSON, 

Depones,  That  he  once  heard  Mr.  Muir  in  a  fociety  of 
the  Friends  of  the  People  deliver  a  fpeech,  but  does  not  re- 
member much  of  it  ;  that  he  heard  him  fpeak  about  reform, 

meafures 


C     55     ) 

meafures  which  were  conftltutional,  and  tbaL-necefTity  of  be- 
irih^  mocierare,  and  never  heard  him  advile  the  people  to  ex« 
cite  diflurbances. 

CHARLES  SALTER, 

Depones,  That  in  focleties  he  has  heard  Mr.  Mulr  fpeak 
three  or  four  times  ;  that  he  exhorted  them  to  contlitutional 
meafures,  peace,  and  order. 

PETER  WOOD, 

Depones,  That  he  has  heard  the  Pannel  fpeak  in  focle- 
ties, and  imprefs  upon  them  the  necefTiry  of  petitioning  the 
Houfe  of  Commons  ;  that  he  never  heard  him  fpeak  againit 
the  King  or  Houfe  of  Lords  ;  that  he  never  favv  him  dif- 
tribute  any  books  or  pamphlets  ;  and  that  he  heard  him  fay, 
no  members  fhould  be  admitted  into  the  focieties  who  were 
inclined  to  faftion. 

DAVID  DALE,  Jun. 

Depones,  That  he  has  feen  Mr.  Mulr  at  the  Star  Inn  at 
Glafgow,  in  meetings  of  the  Friends  of  the  People  ;  that 
he  remembers  a  motion  was  made,  that  books  iliould  be 
recommended  to  the  fociety  ;  that  this  motion  was  oppofed 
by  Mr.  Mulr,  who  argued,  that  mo  ft.  books  were  written 
too  much  in  the  fpirit  of  party  ;  that  no  truth  could  be  got 
from  them,  and  that  the  only  way  to  procure  knowledgs 
was  by  general  reading  ;  that  he  advifed  the  people  to  in- 
form themfelves  on  both  fides  of  the  qaefdon  ;— to  feek  re- 
form by  meafures  calm,  and  conilitutional  ;  and  that  they 
had  no  other  mode  of  obtaining  it  than  by  petitioning  Par- 
liament ;  that  he  never  heard  him  fay  any  thing  which  had 
a  tendency  to  excite  fedition  ;  and  that  he  ahvays  advifed 
the  people  to  be  quiet 'Zind  orderly  ;  that  he  never  knew  of 
his  diitdbuting  books,  or  recommending  Paine's  Works  ; 
and  that  he  advifed  the  Friends  of  th':-.  People  to  expel  any 
mem.ber  who  might  behave  feditiouHy  or  diforderly. 

Being  interrogated  by  the  Lord  Advocate,  depones,  That 
it  was  at  a  meeting  of  the  Friends  of  the  People,  at  the 
Star  Inn,  that  he  heard  Mr.  Muir  opnofe  the  recommending 

of 


(    55    ) 

of  particular  books ;  that  he  does  not  r2coHe6l  the  particular 
month  when  this  occurred. 

Being  interrogated,  if  he  recollects  when  Mr:  Muir  was 
firft  apprehended,  depones,  he  could  not  precifely.  Being 
ziked,  if  he  thought  it  was  in  the  month  of  January,  or  in 
any  of  the  fucceeding  months ;  depones,  he  could  not  be  po- 
litive,  but  thiPiks  he  might  have  heard  it  about  five  months 
ago.  Upon  which  the  Piofecutor  obfcrved,  he  had  a  very 
lliort  memory  j  to  which  the  witnefs  affented^ 

WILLIAM  RIDDELL, 

Depones,  That  Mr.  Muir  always  advifed  peaceable  and 
conflicutional  meafuxes  ;  that  he  does  not  remember  of 
hearing  him  recommend  any  books  in  particular ;  that  he 
never  faw  any  diforder  in  the  meetings  of  the  Ftiends  of  the 
People,  and  that  he  does  not  recoiled  Mr.  Muir's  advifing^, 
to  petition  Parliament.  ,^ 

WILLIAM  REID, 

Depones,  That  he  is  a  bookieller  in  Glafgow,  and  a6ls' 
in  the  company  under  the  firm  of  Brafn  and  Reid  ;  that  he 
remembers  to  have  afkedMr.  Muir's  opinion  about,  the  pro- 
priety of  felling  Painc's  book  ;  that  Mr.  Muir  laid  it  was_ 
an  improper  book_,  and  that  in  felling  it  there  might  be 
danger. 

Upon  the  interrogatory  of  the  Prcfecutor,  depones,  that 
Mr.  Muir  gave  him  this  advice  a  few  days  before  Mr.  Ho* 
neyman,  the  fherifx  of  the  county,  came  to  take  precogni- 
tions concerning  that  book. 

GEORGE  WADDEL, 

Depones,  That  he  has  been  at  meetings  of  the  Societies 
of  the  Friends  of  the  People  in  Glafgow;  that  at  one  of 
thefe  meetings,  he  remembers  Col.  M'Leod  and  Mr.  Muir 
bring  preient ;  that  when  a  motion  was  made  f  r  .recom- 
mending particular  books,  both  Col.  MLeod  and  Mr.  Muir 
oppofed  it,  as  in  moft  books  there  was  too  great -a  mixture. 
ol  truth  and  falfehojd  ;  that  the  only  books  which  he  re- 
memlie\s  them  to  have  recommended,  were,  B'a  kflone'Sc 
Coinip  ntaiie  uptn  the  La  as  of  England,  and  ErflNint's 
inititutes  of  the  Law  of  Scotland;  that  Mr.  Muir  advifed 

moderate 


(    57    ) 

moderate  inea fares ;  that  this  was  the  ccntiniial  fubjccl:  oi 
his  dHconrfe  ;  that  he  faid  he  would  glory  to  have  Jte  table 
of  the  Houfe  of  Comnions  covered  with  petitions  ;  that  he 
fpoke  to  Mr.  Muir  about  an  addrefs  of  congratulation  to 
the  French,  in  imitation  of  Dunde.,  but  that  Mr.  Muir  dif- 
Jipproved  of  it. 

JOHN  RUSSEL. 

After  this  witness  had  been  fworn,  the  cnranion  qvterLiori 
was  put  to  him,  if  any  peffon  bad  inltrutled  him  what  to 
fay,  He  anfwered  ;  None,  except  to  tell  the  truth.  Being 
afked  Vv^ho  inftrufted  him  fo,  he  replied,  He  could  point 
out  no  perfon  in  particular,  biit  that  it  was  the  gericral  ad- 
vice of  all  to  whom  he  fpoke.  He  was  obliged  to  produce 
his  furlimons  to  be  a  witnefs,  and  it  appeared  that  the  .  ita- 
tion  had  been  given  him  four  days  only  before  his  examin- 
ation. He  was  informed  by  the  Court,  thrit  :iny  who  fpoke 
to  him,  mufl:  have  done  fo  in  the  interval  of  thefe  four  days, 
and  that  therefore  it  was  impoHible  that  he  couM  forget  all 
their  names.  The  wimefs  replied,  that  the  geiierai  inltruc- 
tion  to /peak  the  triiih  v/as  fo  commoii,  that  he  could  not  re- 
member at  prcfent,  any  particular  perfon  who  had  given  it* 

The  Lord  Advocate  moved.  That  the  witnefs  fliould 
be  commirted  to  prifon  for  prevarication  ! 

Mr.  Muir  arofe,  and  attempted  to  fpeal:  in  defence  of 
the  witnefs,  but  as  he  was  beginning,  was  interrupted  by 
the  Court,  who  commanded  him  to  lit  down,  as  he  had  no 
tight  or  title  to  interfere  in  the  bulinefs. 

Lord  Henderland  gave  his  opinion  :  Every  appearance 
was  againft  the  witnefs  ;  that  he  wiihed  to  fconceaJ  the  truth  ; 
that  he  merited  punifhment,  and  fhould  be  committed  to 
prifon  for  a  certain  period. 

The  reft  '^f  the  Judges  concurred  with  Lord  Henderland  ; 
and  Mr.  RulTel  was  comnfitted  to  prifon  for  the  term  o£ 
three  weeks,  as  guilty  of  concealing  the  truth  upon  oath. 

JOHN  BROCK, 

Depones,  That  he  was  at  one  meeting  of  the  Fdends  of 
the  People,  in  the  Star  Inn  at  Glafgow,  where  he  heard  Mr- 
Muir  recommend  adherence  to  the  Conftitution,  and  to 
good  order,  and  that  he  declared,  he  v/oukl  leave  theTriends 

H  oi 


(     58     ) 

of  the  People,  if  ever  they  lliould  proceed  to  riotous  mea- 
fares  ;  that  he  has  heard  him  fpeak  of  books  of  the  Law, 
but  cannot  be  pofitive  to  any  in  particular,  only,  he  thinks 
he  remembers  to  have  heard  him  mention  a  work  of  Mr. 
Locke's. 

WILLIAM    CLIDDESDALE, 

Depones,  That  he  never  joined  himfelf  to  any  Society  of 
the  Friends  of  the  People,  but  that  he  is  a  member  of  the 
Society  in  Glafgov/,  for  the  Reform  of  the  Boroughs;  that 
about  the  13th  December  lafl:  Mr.  Muir,  vi/hen  the  witnefs 
was  prefenc,  vifited  the  Society,  faid  that  the  Borough  Re- 
formers had  made  great  exertions  ;  recommended  to  them 
perfeverance,  firmnefs,  and  meafures  which  were  peaceable  ; 
that  he  did  not  exhort  them  to  riot  or  infurredion  j  that  he 
remembers  of  hearing  Mr.  Muir  obferve,  that  fome  things 
in  Paine's  book  were  extremely  good,  and  fome  things  im- 
practicable ;  that  he  heard^^him  run  down  Liberty  andEqua- 
lity,  as  it  impUcd  violation  of  property,  and  afligned,  that  a 
divifion  of  property  was  a  chimera  which  never  could  exifl:. 

GEORGE    BELL, 

Depones,  That  in  the  Society  of  the  Friends  of  the  Peo- 
ple at  Glafgow,  he  has  heard  Mr  Muir  fpeak,  and  that  he 
has  heard  him  declare  thalt  he  would  admit  no  members  in- 
to the  fociety,  but  fuch  as  acknowledged  the  King,  Houfe 
of  Lords,  and  Houfe  of  Commons  ;  that  he  never  heard  him 
fpeak  againft  the  Conftitution,  and  that  he  did  not  recom- 
mend anv  books  in  particular,  but  on]y  fuch  books  in  gene- 
ral as  would  inform  their  minds,  and  render  them  better 
members  of  Society. 

REV.  DANIEL  M'CARTHUR,  | 

Depones,  That  he  remembers  to  have  had  a  converfation 
with  Mr.  Muir  in  the  Coffee  Room  at  Glafgow,,  in  the 
montlis  of  September  or  Odober  lafl: ;  that  he  faw  Mr,  Muir 
and  another  gentleman  walking  together  ;  the  gentleman 
having  gone  away,  Mr.  Muir  came  up  to  the  witnefs,  and 
faid,  that  tiie  perfon  with  whom  he  had  been,  was  Chair- 
nun  of  the  Society  of  the  Friends  of  the  People  in  Edin- 


(    59    y 

l)urgk  ;  that  the  witncfs  faid  to  Mr.  Muir,  Do  you  not  think 
jhis  a  wrong  tipe  for  to  infift  for  a  Reform  in  Parliament  ? 
To  which  Mr.  Muir  anfy/ered,  That  he  rhought  it  a  proper 
time,  as  the  country  enjoyed  th-e  bltijiiigs  of  peace,  that 
there  was  no  comparifon  betwixt  this  country  and  France  ; 
that  in  France,  they  had  fought  a  revolution,  and  had 
brought  it  about,  but  that  in  Britain  we  wanted  no  Revolu- 
tion, but  only  a  moderate  Reform. 

JAMES  M'GIBBON, 

Depones,  That  he  was  a  member  of  the  Society  of  Re- 
^oYm  in  Camplie  ;  that  Mr.  Muir  canie  thfr.e,  and  that  he 
did  not  recommend  any  books  in  particular,  nor  nid  he  fpeak 
iigainft  the  King,  Houfe  of  Lords,  or  Houfe  of  Commons. 

ROBERT    HENRY, 

Depones,  That  he  is  a  member  of  the  fame  fociety  with 
the  preceding  witncfs  ;  that  Mr.  Muir  came  there  ;  that  he 
fpoke  of  no  books  in  particular,  and  heard  him  fay  nothing 
againll  the  King,  Lords,  and  Commons,  but  that  he  recom- 
mended peaceable  meafures, 

W'lLLL^M  O-RR, 
Deponed,  That  Mr.  Muir  and  Colonel  Dalrymple  came 
to  Paiflcy  ;  that  in  the  company  nf  tlie  wiinefs  they  vifited, 
and  addreiled  the  different  focietics  of  the  Friends  of  ibe 
People  there;  that  Mr.  Muir,  in  his  fpeechcs,  inculcated 
a  firm  attach-ment  to  the  King  and  Conftituiion  ;  that  Iiq 
recommended  peace  and  regularity.,  and  reprobated  riot  and 
ledition  ;  that  he  exhorted  the  people  to  be  iiendy,  and  to 
purfue  their  objecl:  by  all  legal  means  ;  that  after  having 
gone  through  the  dilFerent  focieties,  Mr,  Muir,  Colonel 
Dalrymple,  and  the  witnefs,  went  to  Sinclair's  Inn,  in 
Pailley  ;  that  in  the  courfe  of  private  convcrfation,  he 
heard  Mr.  Muir  fay  nothing  againil  the  King  and  Conditu- 
tion,  but  that  he  heard  him  iny,  that  the  King  was  the  beh 
of  princes. 

JAMES  CRAIG, 
DeponeSj  That  in  the  fjcieties  of  the  Frjend'^  cf  the  Pen- 

H  2  pu; 


(     60     ) 

pie  in  Paiiley,  he  heard  Mr.  Mulr  declare,  that  the  Gon^ 

itiLurion  was  a  good  Conftitution,  and  that  the  King  v;as  the 
iTiend  and  father  of  his  people. 

JAMES  FJCHARDSON, 

Deponed,  Tiiat  he  is  a  member  of  the  fame  f  ciety  of 
the  Frieiids  of  the  People  in  London  of  which  Mr.  Gre\  is 
a  member ;  that  he  is  not:  a  membt;:r  of  any  fociety  of  the 
Friends  of  the  People  in  Scotland,  but  that  he  was  piefent 
at  a  meeting  of  the  Fi lends  of  the  People  m  Glalgow,  when 
he  heard  Mr,  Muir  exhort  the  people  to  keep  up  the  Con- 
ilicurion,  and  ihac  if  any  of  rhem  were  againfl  it,  they 
jliould  be  expelled  ■  that  in  a  ruaftcrly  manner,  he  expofgd 
Liberty  and  Fquahty  if  it  implied  divu'ion  of  property,  and 
that  he  faid  fuch  a  fyfiem  vvas  totally  impradicablej  and  he 
vifed  every  argument  to  excite  the  people  to  keep  to  the 
Old  Coniliiution. 

Mr.  Muir  now  declared,  That  he  had  finifhed  the  proof 
?.Q  cxculputioR  ;  that  it  was  in  his  ppwer  to  adduce  many 
pore  witneliesj  bat  that  he  deemed  it  totally  unnecelTary. 

ThQ  LoF.D  Advocate  thea  rofe  and  addrefTed  the  jury, 

Centk7n(;n  cf  thd  Jury, 

It  is  my  duty,  now,  to  require  your  mofi:  attentive  and 
deliberate 'cciiiideration  of  what  you  have  heard.  The  mo- 
ment is  come,  when  the  truth  or  falfhood  of  what  is  laid 
to  the  charge  of  the  Pannel  ut  the  bar,  is  to  be  afcertained. 
He  is  a  man,  who,  under  the  pretext  of  a  reform,  as  L  fhall 
TiFterwards  inew^  you,  has  been  fowing  mifchief  andlcZTtioi^  : 
"he  appears  herel>?fore  yourafter  being  a  fugitive  from  his 
counLry  ;  and  it  is  now  that  by  your  verdit^l,  a  verdid 
Vv'hich  is  uncontroulable,  and  fro:r.  wliich  there  is  no  ap- 
peal, his  guilt  muft  be  eilablhlied,  or  the  imputation  thrown 
out  iigainll  him,  completely  wiped  away.  It  is  a  iiioment 
^v'lieh  i  have  lone;  wiilied  to  fee  ;  for  during  the  circum- 
ilances  which  occurred  laii  winter,  among  the  numerous  lift 
i>f  oifenders  who  appeared,  tiiis  is  the  man  who  of  them  all 
;-^ppGared  to  nie  tl)e  moll  criminal,  and  whop  i  moil;  wiflied 
p  luy  hold  of,  he  in  every  thingjoetfays'  a  moj;  decided 

""        ""    ^^        Ipii-ii; 


(    6'     ) 

rit  ajaiml^tbe  CojiflinK         and  all  under   the  veil  of 

,    l^'his  country  has  leen  many  inftances  of  pernicious  ef- 
fefts  of  feditious  writings  and  conuuft,  but  1  am  perfuided 
a  'Alder  range  of  diabolical  mifcbiefwill  appear  in  this  man, 
than' ever  was  feen  in  England,  or  any  where  elfe. — Who 
couid  believe  that_j^nn^_orjyih£r3i^d^ 
^^  ihisj)ai-.  could  be  tound  among  village^,  and  mnriu^c.-_, 
^res .  poor  arid  ignorant,  for  ihe  purpofe  of  fov/mg  feditiori_^ 
_and  difcontent^ 

The  charges  againil  the  Pannel   are   divided  into   three 

heads,  siicenrering  hovvcver,  in  the  general  charge  of  ex- 

^  ,   '  —"'« ■■     II «'"'  .  '    I  .  /^      ,1  111        _  I  .  p    III     -  »ii  II 

citing  fedition  and  difcontent,  by  various  fteps  ot  conduct.        ,'^ 

Tie  hns'circulatt'd  Faine's  works,  a  book  which  one  of  hisO'jJW'' 
witnefTes  fays,  he  declared  to  be  dangerous  to  weak  minds, 
with  an  ohitinacy  and  pertinacity,  which  plainly  indicated 
that  his  wifli  was  to  alter  or  overturn  the  Conilitution.  He 
wen:  to  Kirkititilloch  and  Campile,  carrying  Mr,  Paine 
with  him,  and  adviied  the  confmutingof  me««ings,  which,  / 
without  him,  would  never  have  been  eftab'ifhed  ;_he__cam£ 
like  the  dre'iion  of  fedition,  recommending  th  it  c'ub  govern- 
ment, Vv'nicii  has  produced  all  the  anarcbxjv/e  fee  in  France, 

'and  which  cannot  be  lup'pQrred  in  any  w^ll  eilabliihed  go- 
Ycvnment.  ' 

He  hiis  been  in  a  convention  of  people,  cailing  thernfelves 
■Rerbrmers;  but  the  fjjiric  of  the  people  iliewed  itfclf,  and  ii 
no  longer  exiits  ;   he  in   that  meeting  endeavoured  tofuppors  ^^  '< 
and  defend  a  paper  coming  from  our  filler  kingdou  '^J±_£^}}}l-^/A  ' 

jrom  the  Society  of  Uailed  Irithn^en,    hie:hiy  ledirious   ^^^ ^' 
not^trejjibnablej  and  yet  he  was  the  ringlea/deiM;oj;^j32i^i££2. 
to  read,  andjipprove. 

Thefc  three  charges,  then,  Gentlemen,  which  unite  tbeir - 
felves  in  one,  that  of  exciting  difconterit  agaiiiit  Go'vj;fTn.;-- 

jnem,  have  been  brought  with  deliberation  ;  and,  it  i>:  nc^w 
my  duty  lo  il\Qv:  you,  have  been  ellablfhcd  by  the  evi- 
dence. 

I  wilh  to  have  the  opinion  of  a  refpeclable  Jury  on  ri-c 
fubjecft.  Whether  fednion  is  a  crime  of  the  dvteftabk-  n:'- 
ture  I  reprefsnt  it  ?   I  bring  forward  the  arm  of  juiiics  to 


fiipprefs  it ;  and  it  is  in  your  power  to  invigomte  it,  or  pali^ 
it  in  a  moment. 

Gentlemen,  as  the  charge^  are   threefold,   the  evidence 
mult  be  of  three  kinds.     I  fliall  fpeak  of  each  in  their  order, 
and  I  mull  fay,   that  if  ever  a  ftrong  body  of  evidence  ap^ 
peared  in  a  difficult  cafe,  it  is  to  be  feen  here. 
•.  The  firfl  charge  is,  jnal^ing.  fed^itious   fpeeches  and   ha- 

i       JHiStHS^'  ^"*^-£USiPJiI^^.^O§JiB£^'112?L^^-^°^^5^^      To  fuppoFt 
this,  we  find  that  he   u'ent  to  Kirkintilloch  and   Cam  pile, 
and  recommended  improper  publications  to  enlighren  their 
minds;  but  in  this  he  does  not  appear  to  have  been  very 
faccefsful,  if  we  take  the  Vice  Prefident  as  an  examr'e  of 
'         their  influence.       The  evidence  here  refts  chiefly  on  Jrjhn- 
>        jloji  and  Freefand,  particularly  Johnjlon^  and  we  fhould  re- 
mark the  mode  in  which  he  gave  his  evidence  ;  he  was  calm, 
accurate,  and  clear.     He  and  Freeland  agree  tha^  the  Pan- 
nel  fpoke  of  the  fucccfs  of  the  French  arms  :    With  what 
motive  could  he  difcourfe  on.i'uch  a  fabjccl:  to  weak,  unin- 
formed, illiterate  people,  but  to  fulfil  his  feditious  inten- 
tions ?    He  talked  of  the  weigl-t  of  taxes      Gentlemen,  wc 
may  fee  thefe  burdens  lightened  ;   but  if  this  gcndeman^s 
mode  of.  doing  it  were  to  go  on,  what  fort  of  relief  we 
fiiould  have  by  the  diminution  of  our  taxes  and  the  pay- 
ment of  our  debt,  are  topics  of  wbicli  you  will  judge  a^ 
you  ought  to  do.     He  faid  that  their  taxes  would  be  iefs,  if 
rliey  were  more  equally  reprefented,    and    that  from  the 
iiourilTiing  ilate  of  France,  they  could  not  bring  their  good$ 
to  market  fo  cheap  as  Frenchmen.     What  could  poliibly  be 
more  calculated  to  produce  difcontent  and  feditron  ?     Had 
fuel]  fucieties  previoufly  exiftcd,  the  cafe  would  have  bceiji 
L»^((_jdi[ferent  ;    but  he  appears  as  tliermjxieader,   he  was  ther$ 
•^.       on  the  Tnefday   preceding,  conveiiing  about  it  ;   became 
to  the  meering  and  harangued  them  ;   he  adjourned  witlj 
them  afiervvards  to  Wallace's  :   Can  any  evidence  be  mor$ 
connected  or  more  clear  that  he  was  the  main  initrumcnt  ? 
It      The  fecond  charge  is  the  circulating  feditious  books,  con- 
^    'taining  il;e  pairages  libelled  in  the  indi-flment,  which  y .11 
nuiy  read.     Freeland  is  again  an  evidence  here  ;  and  I  muft 
o!)ferve,   that  it  appears  to  be  doubtful,   whether  he  to'd 
ail  he  knew  ;  from  his  face  he  plainly  prevaricated  ;  and, 

when 


(    63    ) 

when  clofely  queftioned,  the  fwent  broke  upon  it.  He 
told  you  the  itriry  of  getring  Paiiic's  book  out  of  Muir's  poc-^s 
ket.  I  may  here  obferve,  that  fuch  a  mode  of  circulating 
a  book  is  that  which  a  man  i'.i  his  fituation  will  naturally 
adopt  ;  he  will  not  go  on  openly,  but  privar^ry,  and  under 
VLirious  pretexts  ;  by  his  fruits  muft  you  know  him  ;  yoit 
muil  compare  his  actions  with  his  profefiions,  and  then 
judge.  _  ^  ^  .  .     ; 

We  have  evidence  of  his  recommending  and  biiying  the    a//^^ 
Paiiley  Declaration  and  other  books,   which  go  to  prove  he^i^iii 
is  tainted  from  head  to  toot,  and  is  as  unworthy  to  live  iln-»'^:iv< 
der  the  proteftion  of  the  law  as  the  meaneft  felon. 

You  would  obferve  his  conduct,  Gentlemen,  on  Arine 
Fillier  leaving  the  foot  of  the  table.  What  can  be  laid  to 
her  charge  ?  her  evidence  v/as  clear  and  correct,  and  was 
founded  on  the  belt  balls,  her's  being  confirmed  by  the  te- 
ilimonyof  others.  But  what  was  his  condud;  ?  the  only  -i 
thing,  indeed,  which  he  could  do, — an  endeavour  to  Ihake  ' 
her  teftimony  by  an  illiberal  and  unfounded  iniinuation^ 
that  we  procured  our  information  only  from  domeftics. 

To  what  then  amounts  her  teilimony,  which  (lands  be- 
yond a  doubt :  That  ilie  was  fent  repeatedly  from  her  maf- 
ter's  houfe,  thePannel's  father,  who  I  underfland  is  a  re- 
fpectable  man  ;  far  be  it  from  me  to  attach  any  criminality 
to  him  ;  the  Panne  1  has  the  miferable  reflection  tjiat^he 
diftrel^  ^hich_have  embittered  the  lives  of  his  parents 
^^ayFJ)eejaJb  rough  t  on  by  hinifelf  ; — that  ibe  was  fent  re- 
peatedly to  buy  Paine  and  other  works  for  country  people 
that  came  to  the  Ihop,  who  by  this  man's  perfuation  raufl 
out  with  their  miferable  fixpence  to  purcliafe  Paine's  Rights 
of  Mem;  that  he  ufed  conftaatly  to  be  reading  feditious 
publications  in  the  back  fiiop. — It  was  there,  in  that  cathe- 
dral of  redition^„he  fat  like  a  fpider,  weaving  his  filthy  web 
to  catch  the  unwary. 

The  witnefs  fpeciues  the  people  to  whom  he  procured 
Faille's  book — his  own  uncle,  John  Muir  the  hatter,  Bar- 
clay the  elder,  and  Wilfon  the  barber.  I  have  produced 
all  of  thim  in  fupport  of  the  girl,  except  the  uncle,  whom. 
I  declined  making  an  evidence  againtl  his  nephew.  He  ad- 
vifed  Wilfon,  who  completely  fupported   the  girl  in  this, 

to 


(  64  ) 

ta  keep  a  copy  in  his  fiiop  to  enlignten  his  cuftomers  mhid'^  * 
for  that  it  confuted  Burke  entirely, — Mr.  Burk^,  a  mart 
whofe  wonderful  talents  and  genius  have  lately  been  fo 
much  exerted  in  the  fervice  of  his  country. 

From  thefe  circumflances  I  have  only  to  defire  vou  to' 
bok  at  Paine's  book,  at  the  paffages  in  the  indiftment ; 
and  if  you  are  loyal  to  your  king,  if  you  are  loyal  to  your 
country,  and  would  preferve  it,  you  will  find  this  man 
guilty,  who  has  given  fo  decided  an  opinion  in  favour  of 
that  wretched  outcall.  His  works  I  never  read  till  rhy  of- 
nciai  duty  compelled  me  to  it ;  I  need  not  give  my  opinioif 
ot  It  ;  the  determinations  of  courts^  of  law,  and  the  unani- 
mous opinion  of  the  country,  have  marked  the  deteflation 
in  which  they  are  held. 

[liis  Lordiliip  here  read  fome  of  the  paiTages- in  the  in'- 
diftment.]] 

What  avails  then,  Gentlemen,  all  this  eviden'ce  of  at-' 
t4chment  to  the  king  and  conftituiion,  when  he  unequivo- 
cally approves  fentiraents  fuch  as  thefe  ?  We  are  told,  in- 
deed, by  one  of  his  vvitneifes,  that  he  advifed  him  not  to' 
fell  Paine  ;  but  unfortunately  the  anfwer  given  to  the  quef- 
tion  put  to  him  upon  his  crofs  examination,  proves  thai: 
they  were  not  bis  real  fentiraents,  but  for  fear  of  danger^  ^ 
the  book  began  to  be  taken  notice  of. 

We  lind  from  the  evidence  of  the  girl  FiTher,  that  the 
very  organift  could  not  pafs  the  houfc  of  this  oracle  of  mif-^ 
_chief,  without  being  defired  to  play  ga  ira.  ~ 

He  ufed  to  fay,  too,  that  if  every  man  had  a  vote,  he 
would  be  member  for  Calder,  and  members  would  have 
thirty  or  forty  fhillings  a-day.  All  thefe  circumifariccs  ga 
to  prove  inconteftibiy,  that  France  and  French  prmciples 
were  continually  in  his  view,  and  that  he  aimed  at  the  de- 
ftruction  of  the  prefent  government  ;  with  refped  ro  which, 
however,  I  hope  his  prophecies  will  be  as  f^ilfe.,  as  they  have 
already  been,  in  re.raid  to  the  fucc-Is  of  the  French.  " 

I  may  here  remark,  that  the  evidence  of  Filher  appears' 
in  a  trifling  inflaiice  to  be  contradid.  d  by  the  cddrr  Bar- 
clay ;  but  you  iliaild  remember  the  filvo  v/ith  which  that 
9ld  gentleman  cl\,f)fe  to  premife  his  evidence. 

1  come  now  to  the  third  charge,    which  relates  to   Mr. 

Muir 


(    65    ) 

Muir's  eoiiduL^  in  the  Convention.  It  is  here  mcontefti-s 
biy  proved,  that  he  read,  approved,  and  defended,  thejrifli 
_Add£efs.  Will  you  approve  this  paper  ?  Will  you  diiire- 
eard  this  convlncino;  proof  of  his  ouiit  ?  Be  his  lluciies  ever 
10  threat,  be  nis  views  ever  lo  ex  enlive,,  wiii  you  permit  hiin 

^»       l"l        '■         ''I      11  I ...I.       I        I  I    .■..'■<■■<'  ■"■■  .1,'         I     .       ,    if        II.      r,   ,    I        .;     -...I     !,,„ 

arrogantly  to  let  up  nis  ieuitiou^  opinions  in  ^.ppourion  to 
the  p,overhnient  and  coniutunon  r    Hi^  c^nduet  in  kime  m-  ' 

Itanees  would  almoil:  appear  to  be  marked  wich  infanity, 
were  we  not  findia<^  him  the  determined  ringleader  in  aa 

^  — -wi^     0  ■'■■III  ^ „„  MX  I  ■  »»iri**^^i  I  i  1^ ■  iM^m  II    ■■■» 

unif-'oim.fcheme  of  fediuon. 

Tliis,  Gentleinen,  iinilhes  my  remark-s  upon  the  evi» 
dence  ;  upon  the  evidence  which  I  think  is  Invincible  ;  buE 
there  are  two  topics  on  which  I  mull  beg  to  make  fome  ob- 
fcrvatiori.^. 

iVlr.  Muir  told  us,  that  he  was  carried  out  of  this  coun-^ 
try  by  buiinefs  of  importance,  and  that  he  was  detained  iii 
France  ;  and  that  he  always  wiPned  ro  have  a  trial,  I  could 
have  no  objections  to  his  proving  this  :  It  wru'^d  have  ar- 
gued  fonie  degree  of  honour.  But  his  profeflions  are  falfe 
and  confuted.  He  left  this  country  under  an  impreffion  of 
guilt ;  and  lately  returned,  the  pell  of  Scotland^  with  the 
fame  intention  as  before. 

The  reafon  of  hi'=!  going  to  France,  it  feems,  was  the  in-a     ^    ^ 
fluence  he  might  polTibly  have  in  faving  the  life  of  the  King*^*-^^''' 
of  France:    and  he  was  fent  there  by  the  Friends  of  the^   ^ 
People.     Never  was  I  more  aftonijQied   than   at  the  impu-  ^y^/ 
dence  of  this  evidence.       Did  ^kirving   know  or   recolled:,;/^^ 
that  he  was  almoil  accufing  him  of  high  treafon  ?    But  why  6^%^ 
was  he  intereifed  in  this  event  ?    It   was   an  event,  as   his 
witneffes  tell  you,   that  would  hurt  the  Gommon  caufe. — ■ 
What  eaufe,.^    their  intention  of  eue&Jmg  a  ciiange  in  the 
government  of  this  country  :   There  then  he  ilands  a   mif- 
iionary  from  a  fociety  in  this  counMy  ro  France, — -a  cireum-v 
ftance  which  preatlv  confirms  his  jruilt* 

When  the  trial  was  coming  on,  I  poftponed  it  longer 
ih&n  1  ought  to  have  done,  to  ^ive  him  every  chance  ;  and 
1  inferted  it  in  the  papers,  which  might  perhaps  reach  him 
roaming  in  fome  part  o^'  the  world. 

Thefhipmarter's  receipt  hears  date  the  i6th  May.  What 
became  of  him  from  this  date  to  the  3iiFJuly  when  he  vv'as 

I  apprc^ 


(    66    ) 

apprehended.  He  informed  nobody  of  his  coming  home. 
How  wonderful  that  no  letter  was  driven  by  the  winds  or 
impelled  by  the  waves,  to  give  notice  of  what  he  fays  was 
Jiis  earnefl,  wifh.  The  reverfe  in  fad  appears  to  have  been 
the  cafe.  By  the  letter  of  J.  Muir,  his  father,  we  find  him 
in  Ireland,  doing  we  know  not  what ;  except  what  we  learn 
from  the  diploma  of  the  worthy  fociety  of  United  Iriihmen. 
He  is  at  laft  apprehended  returning  into  this  country,  with 
aii  the  infignia  of  fedidon  about  him. 

I  have  but  one  remark  more.  You  may  in  fome  degree 
judge  ot  a  man,  by  the  company  he  keeps  t  amongft  Muir^s 
papers  we  find  a  letter  here  in  my  hand  addreffed  to  the 
Rev.  Fifcbe  Palmer^  a  man  who  is  indited  to  ftand  trial  at 
Perth,  in  the  courfe  of  a  few  days,  and  whom  mofl  of  you 
mull  know.  The  impreflion  of  the  feal  too  is  worth  re- 
marking, a  cap  of  liberty  on  afpear^  and  under  is-  the  mot- 
to/-^^ />^.  I  beg  your  attention,  Gentlemen,  to  the  quo- 
tation I  fhail  now  read  from  a  celebrated  French  author,  in 
treating  of  the  Britilh  Conftitution.  [The  paffage  his  Lord  = 
fhip  read,  was  from  De  Lolme,  on  the  Conftitution  of  Eng- 
land, from  the  middle  of  p.  534,  to  the  end.] 

1  hope.  Gentlemen,  this  cafe  will  be  viewed  by  you  in 
a  light  fiich  as  this,  that  you  will  protect  your  King  from 
the  attacks  of  his  enemies,  that  you  will  protecl  this  tern-- 
pie  of  freedom  from  the  attempts  of  the  fadtious,  but  par- 
ticularly againll  that  man  at  the  bar,  who  has  been  fowing 
fedition  with  fo  liberal  a  hand.  ^Toii  now,  however,  may 
feize  him  in  his  career,  and  by  your  verdid  do  juftice  to 
your  country,  and  honour  to  yourfelves. 

The  Lord  Advocate  here  finiflied  his  addrefs  to  the  Jury,, 

'He  fpoke  two  hours  and  ten  minutes.     We  are  forry,, 

that  our  prefent  fituation  has  precluded  us  from  ftating  his- 
Lordlhip's  fpeech  at  full  length,  but  the  foregoing  embraces, 
the  mofl  material  part&,  and  correfponds  exadiy  with  what: 
we  have  already  feen  publiflied,  and  announced  to  be  "  ai 
*'  comprehenlive,  and  in  many  parts  a  literal  abftrad  of  the; 
f  moll  material  parts  of  his  Lordfhip's  fpeech." 

Mr.  Muir  then  addreffed  himfelf  to  the  Jury  as  follows : ; 

CentU' 


(    67    ) 

Gentlemen  of  the  Jury, 

-  I  rife,  in  my  own  defence. — -All  that  malice  eould  devife ; 
all  that  llander  could  circalate  ;  has  been  direded  againft 
me.  I  fpeak  with  joy,  and  with  triumph.  After  an  inve- 
tftigation  into  my  public  traiifadions,  ,and  into  my  private 
conduct,  the  mod  minute  and  the  moft  unexampled,  which 
.ever  occ\uT.ed  izi  this  .country ;  my  meral  charader  Hands 
fecure  and  unimpeached.  With  the  anonymous,  the  worth- 
lefs,  and  the  paid  alTaffms  of  public  reputation,  I  difdained 
to  enter  the  lifts.  To  this  day  I  looked  forward  with  ex- 
pedatioii ;  when  before  you,  in  the  prefence  of  Scotland,  I 
iHiould  not  merely  remove  th.e  fufpicion  of  guilt,  but  fhould 
demonftrate  my  innocency.  I  will  not  imitate  the  example 
.of  the  Public  Profecutor,  who  has  finifhed  his  pleading. 
Sounding,  and  unfubilantial  declamation  is  unfuitable  for 
you,  and  it  is  unworthy  of  me.  This  is  not  an  hour  to 
temporize^  The  eyes  of  this  country  are  fixed  upon  us 
both.  The  records  of  this  trial  will  pafs  down  to  pofteri* 
ty.  When  our  afties  fhail  be  fcattered  by  the  winds  of  hea- 
yen,  the  impartial  voice  of  future  times  will  rejudge  your 
verdid.  Let  faclion  rage  ;— let  the  fpirit  of  party,  in  the 
prefent  hour,  proudly  domineer. — The  illufion  will  fooin 
Tanifli  away.  In  folitude  the  power  of  recolledion  will  af- 
fume  its  influence  ;  and  then,  it  v^ill  be  material  to  you, 
v/hether  or  not  you  have  aded  uprightly,  or  finned  againft 
your  own  eternal  confcience,  in  ray  acquittal,  or  in  my  con?, 
demnation  ! 

Before  I  enter  into  a  particular  vindication  of  myfelf,  let 
rat  take  notice  of  two  circumftances,  ftrongly  infifted  upon 
by  the  Public  Profecutor,  which  have  little  relation  to  the 
general  nature  of  the  evidence  which  has  been  adduced.—. 
Long,  indeed,  has  he  harangued  upon  them  ;  and  has  con- 
cluded his  fpeech  by  exhibitijig  them  in  every  Ihape  which 
his  imagination  could  invent.  He  maintains,  that  a  confci- 
oufnefs  of  guilt  obliged  me  to  leave  this  country  after  an 
information  had  been  filed  againft  me,  and  after  1  had  been 
examined  by  a  magiftrate.  I  will  admit  the  fad  of  my  de- 
parture.— In  thefe  days— in  thefe  circumftances— is  that  to 
be  nfcribed  to  confcious  guilt  alone  ?  If  the  whole  ftrength 
of  arbitiary  powv^r  is   extended  againft  an  Individual,   is. 

I  -2  thersg 


f     63     )  I 

jhere  merit  in  expofmg  himfelf  as  a  facrafice  which  cannoj: 
-be  ufetui  lo  the  eoontxy,  and  which  may  only  prefent  pc- 
ilerity  with  a  rievv  addiiion  to  the  imraenle  catalogue  of  the 
viccims  of  defpotirm. — if  two  motives  had  oniy  exifted  to 
•^vhich  you  could  affign  my  departure,  you  are  bound  to  ?S- 
cribe  it  to  the  moflcharitabie.  But  what  were  the  circum- 
ilances  attending  my  departure  ?  Did  they  bear  any  refem- 
blance  of  a  flight  ?  Did  I  not  publicly  anounce  it  the  prece- 
ding evening  in  a  nuiTierous  meeting  of  citizens  ?  Did  I 
•not  caufe  it  to  be  published  in  a  pabiic  paper?  Did  I  affect 
the  garb  and  difguife  of  concealment  ?  In  London  did  I  re- 
main in  cbfcurity  ?  Did  I  not  appear  in  a  diftinguifhed  So- 
ciety, the  Society  of  the  Friends  of  the  People  ?  And  did 
jiot  that  Society  publifh  afterv^^ards  a  refuludon,  announcing 
in  its  preamble  Wxy  prefence  among  them  ? 

But  I  went  imn^.ediately  afterwards  to  France.  Mr, 
Skirviiig,  who  was  ejiimined  v»dth  regard  to  a  letter  he  re- 
ceived from  me,  before  my  depra-tur.e  from  London,  has  faid, 
in  his  evidence  (^and  his  words  I  have  accurately  in  my 
notes,)  that  I  propofed  to  go  to  Paris,  as  it  was  the  advica 
OF  SOME  FRIENDS,  %nd  might  be  of  feme  fervice  in 
mitigating  the  fate  of  the  late  King. 

The  words  of  Mr.  Shirvii^g,  "  SOME  FRIENDS,"  have 
httn.eurir.ujly  reprefented.— It  is  iiated  that  thcfe '*  y(:>/7;i' 
f  friendi^''  muu:  have  been  the  members  of  that  truly  re- 
fpeflabie  Society  ;  and  it  is  boldly  argued,  that  I  went  to 
France  as  a  Millionary  from  that  body.  Nothing  can  be 
more  ridiculous.- — Nothing  can  be  more  ii^tjurious. — Mr. 
Skirving  lever  faid  fo  I— No  perfon  can,  or  dare^  fay  that  I 
ever  went  as  a  millionary,  delegated  from  indiviauals,  or  by 
Societies,  to  any  foreign  power.  Building  then  upon  this 
luifabftancial  balis  of  words,  never, uttered  in  evidence  by 
Mr.  Skirving,  nor  which  ever  could  poilibly  be  uttered, 
I  am  accufed  of  a  fpecies  of  high  treafon,  in  correfponding 
with  a  foreign  povver  v.'ithout  any  legal  authority  from 
home.  The  charge  of  correfponding  \vith  toreign  power 
j3  equally  ridiculous  with  the  mifreprefentation  upon  which 
it  is  fuunde'iKj  biiL  let  it  be  conlidvii-ed  as  fetious,  I  dare  the 
proof. 

I  chri- 


(     69     ) 

•I  challenge  theProfecutor  to  adduce  the  fmallefl  veftige  of 
.evidence. 

~  Yes ;  I  A'ill  admit,  I  wrote  to  Mr.  Skirving  my  intention 
of  going  to  France ;  nor  will  I  deny  the  motive.  I  favv, 
in  the  execution  of  the  late  King,  a  fpecious  pretext  to 
plunge  the  country  in  war,  and  to  exiend  the  efiufion  of 
human  blood  to  every  corner  of  the  world  !  1  may  have  er- 
red. I  may  have  aded  from  enthufiafm  ;  but  it  was  en- 
thufiafm  in  the  caufe  of  man.  If,  at  the  period  when  it 
was  free  lO  every  perfon  to  publiili  their  fentiments  upon 
that  awful  queifion,  I^  wilhed  likewife  to  publiili  mine, 
can  that  be  imputed  to  me  as  a  crime  ?  Can  the  intention 
of  pleading  the  caufe  of  mercy,  of  individual  and  of  gene- 
ral humanityj  be  conilrued  into  guilt  ?  if  it  can,  I  am  then 
gui'ty.  Has  not  the  Profecator  lamented  that  difaftrous  e- 
vent  ?  And  will  he  accufe  a  man  v^ho  wiihed  to  prevent  it  ? 
"Who,  with  many  friends  to  humanity,  of  every  nation, 
and  of  every  party,  in  private,  in  public,  in  converfation, 
and  from  the  Prcfs,  exerted  their  abilities  to  ward  otf  an 
.event  which  they  forefav/  v/as  to  introduce  years  of  blood 
and  of  forrow  !  But  allow,  that  at  firil  glance,  my  depar- 
ture from  Scotland  j  my  journey  to  Paris,  aftorded  a  pre- 
fum prion  of  guilt  ;  that  prefumption  is  obviated  by  my 
RETURN. 

The  Profecutor  has  boafied  of  his  humanity,  in  granting 
me  the  delay  of  a  few  weeks,  by  potlponing  my  trial,  in 
order  that  I  might  return  trom  Paris. — But  was  be  igno- 
rant that  hoflilities  at  ibat  time  were  commencing— tliat  the 
communication  was  clofed  ;  that  it  was  tedious  and  diiii- 
cult  to  procure  palTports,  Of  that  difficulty  no  perfoii  licie 
can  poilibly  have  any  doubt. 

Do  not  all  my  private  letters,  which  have  tbic  c-:}^^;  been 
read,  prove  my  unealinefs  upon  account  ot  the  delay,  and  11:7 
anxiety  to  return  ?  But,  at  the  period  when  I  procuved  ii.x^ 
piifport,  the  flames  of  war  were  blazing  over  moft  of 
Emooe — I  knew  onlv  two  wavs  by  which  I  could  roi- 
fibly  return  home.  The  iirft,  by  the  way  or  irl.urbu-gh  .^ 
the  fecond  by  the  longer,  but  the  more  certain  cii-cuiL  ot- 
America. — I  adopt  the  latter,  as  more  fafe,  ^.nd  iefs  li- 
able .to  internipticn.— I  left  Paris.— I  went  down   to  the 

port 


C  70  ) ' 

port  of  Havre-de-Grace.     I  found  a  veffel  which  was  to 

fail  for  New  iTork --The  receipt  found  in  my  pocket 
book,  when  I  was  flopped  upon  my  landing  in  Scotland, 
from  the  mailer  of  that  ve.llel  for  the  payment  of  my  paf- 
fage,  proves  that  J  had  aftuaily  taken  my  palTage  in  that 
fhip.       That  veffel,  in   taking  in  her  freight,   and  by  an 

embargo,   was    detained   for   near    three    months. lii 

this  interval,  another  Americaji  fliip,  the  Hope,  of  Bal- 
timore, arrived.  The  Captain  was  to  touch  in  at  Bel- 
fail,  in  Ireland,  for  part  of  his  cai  go,  011  his  return  to  A- 
merica. —  This  I  conlidered  to  be  a  fortunate  accident. — I 
immediately  embraced  this  opportunity  of  returning  by  the 
way  of  Ireland  to  my  country,  not  to  implore  favour,  not 
to  aik  protedtion^  but  to  DEMAND  juilice.  To  pafsfrom 
France,  to  any  of  the  doraiidons  of  Britain,  I  had  no  palf- 
port, — -my  paffport  wis  to  America.  I  braved  every  dan- 
ger. After  a  fhort  palTage  I  was  landed  in  Ireland.  There 
1  remained  no  longer  than  nine  days.  J  concealed  not  my 
name,  I  appeared  publiclyg  and  in  the  places  of  mcfl  pub- 
lic refort.  To  all  I  announced  my  iituation  and  intention. 
The  Profecutor  has  either  dcfignedly,  or  ignorantly,  laid 
hold  of  the  circumftance  of  the  indorfatioji  of  the  muni- 
cipal officers  of  Havre -de-Grace,  upjn  my  paiTp  .-rt.  The 
Deparmenc  of  Paris  granted  me  a  paffport  in  the  end  of 
the  month  of  April,  and  1  arrived  at  Havre  on  the  3d  or 
4th  of  May.  The  firfl  flep  which  a  flranger  is  obliged  to 
take,  upon  arriving  at  the  place  of  his  deilination  in  France, 
is  to  proceed  to  the  Municipality,  to  fhew  to  them  the  paff- 
port from  whence  he  came,  to  have  it  revifed  and  attelled 
by  them,  in  order  to  enjoy  fecurity  within  their  jurifdic- 
tion.  The  indorfation,  as  I  have  Hated,  of  my  Parifian 
paffport,  by  the  municipal  ofhcers  at  Havre,  is  ot  the  3d 
or  4th  of  May  lafl.  From  this  circun\llance  the  Lord  Ad- 
vocate infers,  that  I  mufl  immediately  have  found  a  veflel 
to  carry  me  home.  He  makes  no  allowance  for  the  Itate 
of  the  two  nations ;  he  makes  no  allowance  for  the  difficul- 
ties which  neutral  veffels  have,  in  palfmg  betwixt  both  ; 
and  he  knows  nothing  of  the  embargoes  vi'hich  thefe  vef- 
fels mufl;  condantly  experience,  in  the  different  belligerent 
ports.       Wcilj  then,  fomctime  in  the  month  of  May  I 

muft 


'       (    71     ) 

nnift  have  landed  in  Ireland  I  Public  report  has  faid,  thai 
infurredions  have  been  in  that  country.  The  Profecutof 
has  cried  out,  That  I  was  the  daemon  of  fedition  !  And  he 
iniinuates,  that  there  is  a  probdbilicy  that  I  was  the  cauie  of 
thefe  infurredlions.  I  fmile  at  the  accufation  ;  which  he 
himfelf  in  his  own  mind  nrnft  deride.  It  could  have  been 
eafy  for  me,  by  the  tcftimonies  of  my  friends  in  Ireland, 
whom  I  love,  and  whom  I  honour,  to  prove  how  I  palTed  my 
time.  But  for  me  to  dwell  upon  this  is  unneceffary.  You, 
of  the  Jury,  mufl:  have  experienced  the  fame  emotions,  and 
at  prefenc  indulge  the  fame  feelings  as  I  do. 

From  Ireland,  the  Profecutor  fays,  I  attempted  to  land 
in  Scotland  in  a  clandeftine  manner  ;  and  fo  fays  (his  com- 
pofition)  the  Indidment. 

In  the  lift  of  witneffes  adduced  againft  me,  I  faw  the 
names  of  CarmicKael,  the  perfon  who  firft  recognized  me 
at  my  landing  at  Portpatrick,  and  of  Mr.  Rofs  the  magi» 
Urate  at  Stranraer,  before  whom  I  firft  appeared.  The 
Lord  Advocate  charges  me  with  coming  to  Scotland  in  a 
clandeftine  manner.  He  ferves  upon  me,  in  the  lift  of  wit- 
nefles,  the  only  witnefles  who  could  prove  the  fad: ;  Carmi- 
chael,  the  cuftom-houfe  officer,  and  Mr.  Rofs  the  magiftrate, 
to  whom  I  furrendered.  I  expeded  Carmichael  and  that  gen- 
tleman would  have  been  inclofed  with  the  other  witneffes  of 
the  Crown.  I  would  have  adduced  them  as  witne;ifes  to  prove 
that  fo  far  from  concealing  myfelf,  I  announced  myfelf  pub- 
licly, and  without  difguife  ;  fo  far  from  attempting  evauon, 
my  only  anxiety  was  to  put  myfelf  in  the  hands  of  "the  Law  5 
and  under  the  protedion  of  its  magiftrates.  The  condud 
of  the  Public  Profecutor,  is  in  every  refped;  uniform.  He 
is  guilty  of  another  piece  of  difingenuity,  by  ferving  upon 
me  in  the  lift  of  the  witnefles  of  the  Crown,  the  names  of 
Carmichael  and  Rofs.  I  could  not  entertain  the  leaft  pof- 
fible  doubt,  but  that  they  were  to  be  adduced.  This  was 
an  art  to  prevent  me  citing  them  at  my  own  inftance.  It 
has  fucceeded.  I  am  deprived  of  their  teftimony.  But  why 
did  not  the  -'rofecuror/at  leaft,  produce  the  declaration 
which  I  made  before  the  Magiftrate  at  Stranraer  :  That  de- 
claration, freely  and  voluntarily  emitted,  would  have  proved 
that  I  came  into  the  country  in  no  unbecoming  manner. 

Much 


(.      >^  1      "V 

Much  of  tlie  inveclite  of  the  Pi-ofecutor  was  founded  up- 
on my  coming  into  this  coantrj  in  concealment.  This  cir- 
cumftance,  ibe  Indidment  charges  as  an  aggravation  of 
the  crime.  Judge  then.  Gentlemen,  of  the  reditude  of  the 
Profecutor's  condud, when  he  declaims  upon-  a  fad  which 
he  Ihrinkg  from  proving,  and  which  by  his  art  in  ferving 
the  lift  of  witneffes  upon  me,  he  has  prevented  me  from 
confutincc. 

I  truft,  nowj  you  Yi^ill  be  convinced,  that  no  confcioufnefs' 
of  guilt  led  me  from  Scotland,  no  improper  motive  carried 
me  Irom  England  to  France  ;  and  that  no  deep^  and  fecrec- 
intention,  induced  me  to  return  in  difgi^ife  to  my  country. 
The  objed  of  that  return  was  to  demand  juftice,  to  wipe 
away  the  imputation  of  that  crime  of  which  I  now  ftand, 
charged.  And  v/hat  Is  that  crime  ?  Sedition.— Is  there  a: 
term  fo  vague  and  fo  undefined,  fo  fan^iiliar  to  pouter,  fo  fa- 
miliar to  corruption.  All  who  ever  dared  to  oppofe  AR- 
BITRARY POWER,  and  who  in  the  hour  of  danger  came' 
forward  to  fave  their  country,  have  been  branded  by  the 
epithet  of  feditious.  The  term  is  therefore  no  longer  a  term 
of  opprobrmm.  In  one  age,  it  has  been  applied  to  men  re-^- 
jeded  by  fociety,  whofe  names  were  honoured  by  after  times,- 
and  upon  whole  virtues,  and  upon  whofe  futferings,  the  fuc- 
ceeding  age  reared  the  majeitic  pillar  of  the  conftitution.  I 
am  then  accufed  of  fedition,  and  I  afk  you  of  the  Jury,  to- 
point  out  the  corner  of  this  land  where  fc^irion  has  exjfted. 
And  tell  me  truly  where  the  fmallcll  veftige  of  this  crime 
has  appeared.  Upon  you  the  eyes  of  the  people  are  now 
placed.'  Upon  vour  confciences  the  oath  of  God  is  binding^' 
Point  out  then  to  us,  where  the  iliadow  of  fedition  has  been 
defcried.  Have  the  ficred  rights  of  property  been  any 
where  invaded  ?  Has  the  blood  of  the  citizens  flowed  by  the- 
haivJs  of  the  Friends  of  the  People  ?  O  I  No.— But  the  Pro-' 
fecutor  has  talked  of  the  danger  the  People  of  this  country 
were  in  laft  winter,  of  deep-laid  plots,  and  of  tremendous 
confpiracits  !  and  I  am  the  man,  whom  he  charges  as  the  au- 
thor of  the  whole,  whom  he  reprefents  fimilar  in  mnlignity  to 
the  daemon  of  mifchief !  and  whom  he  honours  with  the  ti- 
tle of  ihe pejl  of  Scotland:  Well  then,  let  it  be  fuppofed  that 
an  attempt   was  formed  to  overthrow  the  Conftiiution,  ta 

kindle 


(    75    ) 

kindle  the  torch  oF civil  war,  ro  lead  rapine  and  murdef  nlonj;^ 
the  land  ;  Where  has  the  proof  of  tiiis  design  becxi  found  ? 
Has  it  been  discovered  in  the  meetings  of  the  Friends  of  the 
People  who,  confcious  of  the  purity  of  their  intcncions,  af-  ^ 
fecled  no  concealment,  aife'.r.bied  with  doors  open  to  all  ; 
and  who  hatehed  their  heihih  defigns,  (If  fuel'  they  v;ere) 
in  no  midnight  cavern*  Could  in  the  crouds,  jthiat  were 
aclniitted  to  atrend  the  deliberations  of  rhefe  focietie.s,  .  be 
found  no  rulii-an,  who  conld  at  leaft  give  a  bold  end  manly 
teftiniony  againlt.  them,  and  agrdnii  me  ?  But  to  fupport  the 
aceulation,  the  walls  of  a  private  henfe  mull  be  invaded  j  do- 
nieltic  fecrets  murr  be  explored,  and  the  trfnmony  of  a  mi- 
ferable  fcullion  girl,  and  a  hair-drelTer,  muft  be  brought  for-  '* 
ward,  with  regard  to  words,  Ip.  ken  where  lufpicion  themofc 
vigilant  mutt  have  been  afieep,  unccr  the  guardianfnip  of  a 
paternal  roof,  i^.nd  arc  th.^fe  the  witnefies,  who  are  'to 
prove  againd  me  this  mighty  c  niie,  which,  iuppciing  rbc?7z 
to  have  been  honomed  by  r.  y  conndei.ce,  would  have  recjuir- 
ed  the  co-operation  of  thculands  of  bearded  men  in  arras. 

GenJenien  of  the  jury,  Let   us   this   night   throv/  avvay 
vain  pretext  •  Let  us  ad  fairly  and   candidly.      I  fmile   at 
the  charge  of  fedirion.     You  yourfelves   are   confcious   that 
no  fedirion  has  exifled  in  this   coiintrv,   and  in  your  ov/ii 
minds  you  deride  the  accufation.     I  know  for  what  I  am 
brought  to  this  bar  ;  it  is  for  having  ftrenuoufiy  and  aclive--        i 
ly  engaged  in  the  Coufe  of  I'arliamcinary  Ileform  ;  for  hav-        j 
ing  exerted  every  eilort,  by  eonfiitutional  iTieai'ures,  to  pro-  ^^  I 
cure  an  equal   reprcfiiuarj.-.r,  of  the  people,_2n-tJlg   Houfg  V^i 
of  tlie  People^     Let   ii' i  i'aq  Profecutor  fcuik  in  darknefs  in^^. 
Let  him  come  maafuily  forward,  and  avow  the  caufe  which ---^^  | 
has  imoelled  him  to  bring  me  here.     I  will  give  you  little^'      J 
trouble  :  I   will  prevent  the  laiFitude  of  the  judges  :  I   will  ^  W; 
lave  you,  the  Jury,  from  the  vv-retched   mockery  of  a  trial,  ^^^| 
the  fad  neceffity  of  condemning  a  man.   when   the  caufe  oi ^  ^d 
his  condemnation  muft  be  concealed,  and  cannot  be  explained,  ^  xf. 
Yes,  I  plead  guilty,     1  openjy,  aciively,   and  iincereiy  em-^.*^: 
barked  in  the  caufe  of  a  Parliamentary  Reform,  in  the  vjndi-^^  J, 
cation  and  in  the  reftoration  of  the  rights  of  the  people.  Nor  x/  /; 
will  1  blufn  to  unfold  to  you  my  motives  ;  they  are  fnpport-y^*^, 
ed  by  their  ov/n  intrinfic  fciengthj  but  they   are  likewife,y/^j 

K,       '  held.        i' 


(    74    ) 

held  up  by  the  great  and  the  venerable  names  of  the  living 
and  of  the  dead.  I  contended  for  an  eqmal  reprefentation 
of  the  people,  in  what  I  fhaii  ever  call  the  Houfe  of  rhe  Peo- 
ple, becauie  I  conlidered  it  a  meafure  effentially  necelTary 
to  the  falvation  of  the  State,  and  to  the  ftability  of  your 
boafted  conditution.  Wherein  then  confifts  the  excellency 
of  that  time-tried  fabric,  cemented  by  the  blood  ofyour 
fathers,  jowiiiff  from  the  field  and~Trom  the  fca^IH!  I 
will  lell  you  :  It  coniifls  in  thejdiie^alance  of  its  jhreej^^,- 
pellin.sT  powers,  KING,  LORDS,  and  COMMONS  ;  If 
one  of  thele  powers  Joles  its  vfgour,  the  conltitution  in  pro- 
portion lofes  its  vigour ;  If  one  of  thefe  powers  becomes 
only  a  fhadow  of  what  it  ought  to  be,  if  it  Ijecomes 
nierged  and  abforbed  into  any  of  the  other  two,  your  con- 
ftitution  then  alfo  becomes  a  fhadow,  and  it  is  annihilated. 
And  do  you  .not  know,  and  does  all  the  world  not  know, 
and  if  any  wfre  the  proud  flrudure  of  the  conftitution  has 
fullered  the  ravages  of  time  or  of  corruption,  it  is  in  its 
popular  branch.  Is  it  not  a  ^(51  indifputable,  that  the  re- 
prefentation of  rhe  people  is  rot  fuch  as  it  once  was,  and  is 
not  fuch,  as  I  truft  in  God,  one  day  it  ihali  be.  The  man 
then  who  founds  the  alarm,  when  he  difcovers  the  aproach 
of  danger,  who  fummons  all  who  may  be  conccrnedMn  its 
reparation,  is  furely  no  enemy  to  the  country,  no  foe  to  the 
conftitution,  becauie  he  labours  in  its  prefervation  and  pro- 
tedtion  *. 

Such  were  the  motives  of  my  condudt.  If  I  am  guilty, 
I  have  in  my  guilt  many  alTociates,  men  who  now  enjoy 

the 

*  And,  ?3  it  is  euential  to  the  very  being  of  Parliament,  that  e» 
le'clions  iho  ild  be  abfolutely  free,  therefore  all  undue  influences  up- 
on the  elef  )rs  are  illegal,  and  flrongly  prohibited.  For  Mr.  LockE 
(on  Gov.  p.  2-  §  222«)  ranks  it  among  thofe  breaches  of  truft  ^n 
the  c3:ccutive  ma'^iftrate,  which,  according  to  bis  nations,  amoini^t 
to  a  dilTolution  of  the  government' — *'  If  he  employs  the  force, 
"  rreafure,  and  ciEces  of  the  focicty,  to  corrupt  the  reprcfcntatives, 
"  or  openly  to  pre-engaj>,e  the  ele^lors,  and  prefcribe  what  manner 
"  of  perfons  fliaii  be  chofen  :  For  thus  to  regulate  candidates  and  e- 
**  ledlors,  and  new-model  the  ways  of  ele6lion,  what  is  it,  fays  he, 
"  but  to  cut  up  the  government  by  the  roots,  and  poifon  the  very 
•'  fountain  of  public  fecurity  ?"  Blachjlouen  B'  L  ch'  2' /»•  i79«— 
E^ditionf  Lond'  1787. 


(    7S    ) 

tlie  repofe  of  eternity,  whom  your  fathers  admired  while 
living,  ;iiid  to  whom  you,  their  children,  have  eieQ:ed  fta- 
tues  I  have  no  time  to  run  over  all  the  venerable  cata- 
logue. But,  is  there  a  man  ignorant  of  the  illuflrious 
Locke,  and  was  not  this  fiige  in  philoibphy,  this  advanced 
champion  the  caufe  of  liberty,  and  of  man  ;  this  friend 
to  t.ie  Bvitiili  conftimtion,  who  wrote  his  Treatife  on  Go- 
vernment in  its  defence  ;  in  defence  of  the  laft  glorious  re- 
volaiion,  by  the  deiire  of  the  Prince  ;  who  was  the  leader  of 
the  men  v/ho  planned  it  ;— was  not  he  an  advocate  for  a  re- 
form in  Parliament,  for  a  more  equal  reprefentation  of  the 
Commons  in  the  Houfe  of  Commons?  Will  you  venture 
to  tear  the  records  of  his  fame,  to  ftigmatlze  his  memory, 
and  to  brand  him  with  the  epithet  of  feditious  ? 

Let  us  rapidly  proceed  down  to  more  modern  times.  Let 
us  pafs  over  in  filence  many  iliultrious  names,  whofe  me- 
mory with  that  of  the  Conftitution  will  periih  together. 
Let  us  come  to  your  own  days.  Are  ye  ignorant  of  J31ack-^^ 
ftone  ; — the  man  who  firi'l  collecled  the  laws  of  his  country, 
from  the  deformed  chaos  into  which  they  had  been  thrown, 
who  arranged  them  with  elegancy,  and  who  adorned  them 
with  every  flower  which  the  claffic  field  could  produce  ?  Are 
not  the  volumes  of  this  reverend  judge  in  the  hands  of  all  ? 
Should  they  not  be  faro.ihar,  at  ieaft  to  thofe  who  are  caL 
led  to  decide  concerning  the  conflitution  ?  And  has  not 
BlackPeone,  not  with  the  levity  of  ili-pondered  words,  not 
in  the  private  hour  of  relaxation,  not  in  the  heat  of  popu^ 
iar  debate,  but  m  the  calmnefs  and  folitude  of  fiudy,  main- 
tained the  fame  propoiitions  which  I  maintain,  been  guilty 
of  the  fam.e  fedition  of  which  I  am  guilty,  when  he  pro- 
nounced that  the  Confdtudon  was  imperfed,  in  its  popu- 
lar branch,  aiid  if  any  v;here  alteration  was  neceffary,  it 
ivas  there  lo  be  deiired.  I  entreac  you  to  liilen.  1  will 
read  you,  what  this  belt  expounder  of  the  conftitution  has 
faid.  htl  the  words  be  engraved  on  the  tablet  of  your 
hearts. 

*'  And  this  conflitution  of  fuffrages  is  framed  upon  a 
"  v/ifcr  principle,  with  us,  than  either  of  the  methods  of 
"  voting,  by  centuries  or  by  tribes,  among  the  Romans. 
"  In  the  method  by  centuries,  infliuted  by  Servious  TuU 

"  .lius. 


c  75  J 

"  lius,  it  was  principally  property,  and  not  numbers,  that 
*'  turned  the  Icaie  :  in  the  method  by  tribes,  graduully  in- 
"  trodaced  by  the  tribunes  of  the  people,  numbers  only 
*•'  were  regarded,  and  property  was  entirely  overlooked. 
*'  Hence  the  laws  palled  by  the  former  rat  thod  had  u:ua!ly 
*'  too  great  a  tenJeMcy  to  aggrandize  tlie  pairicians  or  rich 
''  ncbics  ;  and  thofe  bv  the  latter  had  too  much  of  a  level- 
"  ling  principle.  ,Our  conliitiicion  (leers  between  the  two 
'■  extremes.  Only  fuch  are  entirely  excluded,  as  can  have 
*'  no  will  of  their  own  :  there  is  hardly  a  free  a^ent  to  be 
*'  found,  who  is  not  entitled  to  a  vote  in  ibme  place  or  o- 
<*-  ther  in  the  kingdom.  Nor  is  comparative  wealth  or  pio- 
*'  perty  entirely  difregarded  in  eleciions,  for  rhough  the 
*^  richefl:  man  has  only  one  vote  at  one  place,  yet,  if  his  pio.* 
*'  perty  be  at  all  ditiufed,  he  has  probably  a  right  to  vote  at 
*'  more  places  char^one,  and  therefore  has  many  reprefen- 
^'  tarives,  This  is  the  SPIRIT  OF  OUR  CONSlIIU- 
«'  TIUN  :  not  that  I  i\lft:rt  it  is  in  facl  quite  fo  perfeSl  as  I 
'*  have  here  endeavoured  to  dcfcribe  it ;  for^  ^f  ^^^iy  AUIER- 
^'  ATION  nvgbt  be  uuijhcd  or  fuggejied,  in  the  preferJ  frame 
^^  cj  pj-rh anient^  it  fnould  be  in  favour  of  a  MORE  COM- 
''  PLE-fE  REPRESENTATION  OF  THE  PEOPLE'* 

If  Blackilone  then  wiilrcd  fer  a  more  equal  reprefcntarion 
of  the  people,  if  he  dared  to  publilh  and  to  enforce  his  v.'ifh  j' 
and  if  I  have  merely  done  the  fame,  where  is  the  d;fF;rience 
in  our  guilt?  But  there  is  a  diffsrer.ce,  and  that  di&ience 
is  great.  A  learned  profeffor  of  the  laws  of  England,  in  the 
Univerfity  of  Cambridge,  a  grave  writer,  in  the  foliiuue  of 
tiis  retirement,  a  foiemn  judge,  upon  the  tribunal  of  Eng- 
land, proclidming  that  a  reform  in  die  reprefentation  of  the 
people  wris  juft,  and  eiTcntiid  to  the  true  fpirit  of  the  con- 
llitucion  ;  how  fuperiatively  criminui  muft  his  conducl  be 
when  compared  with  mine  ? 

But  vengeance  ceafes  at  the  verge  of  the  grave.  There 
faclif^ns  and  parties  rage  in  vain.  If  I  have  been  guilty  of 
an  atrocious  ciime,  I  fhr/il  not  demand  the  proicftion  of  the 
dead,  I  fhall  not  wander  among  the  tombs,  and  cry  for  the 
lupport  and  the  affiPcance  of  thofe  whu  cannot  hear  me,  but, 
I  fhall  loudly  demand  the  p'.oteclicn  of  the  living,  of  men 
jiigh  ill  rank,  exalted  in  pov/er,  and  vyho  enjoy  the  ccnfi- 

dencQ 


(    77    ) 

dence  of  their  kin?.     Can  it  ever  be  forgotten,  that  in  tne  ^i 
year  1782,  Mr.  Fitt  was  ftained  v.'irh  the  lame  guilt?     Didc/^ 
not  he  preach  up  the  neceility  of  a  reform  in  the  reprcltnt- 
ation  of  the  people  ?    Did  not  be  advif.-  the  people  l"  form 
fi'Li  '1^:8  ;  and  did  not  he  countenance  thefe  ItK'ieties,  by  his 
prefence  ?    1  appeal  to  the  refolutions  which  he  fubicnbed,^.  j 
in  .'he  Tharched  Houfe  Tavern.     I  atteft  the  moiivjns  whichv^**^ 
hr  made  for  Reform,   in  the  Houfe  of  Commons.     Bewire/f; 
ho vv  vua  condemn  me.     Beuarc  how  you   brand   me   with         \ 
the  opprobrium  of  being  feditious.      At  the  fame   time  you         ' 
conden.'n  the  confidential  Miniiter  of  the  King,     Nay  more 
Sir,   in  b.inging  this   charge  againft   me   you   accufe  your 
Sovereign  ;  for  can  it   be  fuppofed   that   he   would  permit 
a  inan  to  eiijoy  his  confidence,  who  in  the   year    1782   by 
be:ng  a  reformer,   us  I  am  in  the  year  1793,  wifhed  to  jvre- 
cipitate  this  county  inro  anarchy,   defolation,   and,  into  ail 
the  horiors  which  you  have  defcribed. 

-Bitr  it  the  attempt  to  procure  a  Preform  in- Parliament  be 
cr.mina.,   your  accufation  miiil  ejztend  far  y.nd  wide.      Ic 
murt  imphcare  the  Jvliniilers  of  the  Crown  and    the   loweil 
fubjects.       Have  you  forgotten  that  in  the  year  1782,  the 
Duke  of  Richmond,  the  prefent  Commander  of  the  forees,:^;!^ 
v/as   a  fiamin.g  advocate  for  the  univerfal  right  of  fuftrage  ?m-^^ 
D.'  y   u  not  kn':;v/     that  he   preiided  in  focieties,   and  like 
Mr.    Pitt,    acviled  an    univerfal  iormaiicn  of  fuch  focieties 
Hxl  over  the  kingdom?   jiave  you    never   read   his  famous _^/ 
j£H££_j£__ColondS  iiar  i  w  i  n ,  ~m~"whTchr~hi"s~p  Ft  ncipIe?r~lTjT«^^ 
_^teftTmeny7To~~i~lmT~ai^  **^^ 

JpgQpie,  areHureTibly  reo'r'j^dl  Is  guilt~the^iffiDg  uhlub^ 
iiantiai  ialnioji  01  the  day  ?~T)ces  it  vary  according  to  times 
and  to  feafons,  and  to  circumflaijces  ?  Siiall  what  was  p  ■- 
triotifm  in  1782,  be  criminal  in  J793  .?  You  have  honour- 
ed mie  this  night,  by  ihe  title  cf  the  peft  oi  Scotland.  And 
if  the  fame  offences  merit  the  fame  appellaiioi^s,  v.  u  mu:t 
hkewife  liberally  beftow  this  t-pithet  upon  the  firit  Lord 
of  the  trealury,  and  upcn  the  Commander  of  the  f;;)rces. 
But  what  Term  cf  luper-eniinent  diPiincfion  will  not  yen, 
the  Pud1:c  P  ofecuto.-  ;  you  the  Lord  Advocate  for  Scotland . 
appropriate  to  yourfelF  ?  Vv'ere  nor  you,  not  many  months 
ago,  like  wife  a  reformer?    Bid  you  not  contend  and  acr 


(     7S    ) 

for  a  more  equal  reprefentation  of  the  people  in  the  Houfe 

oi"  Commons  ?     Were  not  you  one  cf  thoie  ''en,   vVho,  ior 

that   purpofe,   aflembled  lately  in  this   ciiy.   in   what  rhey 

^.^,  called  a  Convention,   and  affuroed  to  themfelves  the  title  of 

■         Delegates  from  the  Counties  ?  V/ere  n'>t  you,  yourfel; ,  em- 

, '       ployed  in  frammji:  a  bill  for_the__exteniiGn  cf  the  elective 

franchife  ?    Every  charge  in  your  iadidmenragainfFlme  re- 

coils  upon  yourielf ;  in  accuilng  me,  you  charge  yourfelf 

with  fedition.     If  it  was  lawfai  for  you   and  your  friends 

to  meet  in  focieties,  and  in  conventions,  for  the  purpofe  of 

a  Reform  in  Parliament,  unlefs  ibe  ftandaid  of  guilt  fhrinks 

and  extends  as  caprice  or  power  may  order,   it  furely  mud 

have  been  permitted  to  me  and  my  friends  alfo   to   meet, 

and  to  acl  on  the  fame  principle. 

But  I  advance  in  this  tra6:  no  farther,  although  my  af- 
fertions  and  my  arguments  are  jafl,  yet  the  fubjed  of  them 
is  fo  connecled  with  ridicule,  as  to  render  them  not  fo  feem- 
ing  in  this  folemn  trial. 

Gentlemen  of  the  Jury,  If  the  real  caufe  of  my  ftanding 
as  a  Pannel  at  your  bar,  is  for  having  adivciy  engaged  in 
the  caufe  of  a  Parliamentary  Reform,  I  plead  guilty.  My 
L- .  confcience,  however,  will  whifper  confolation  to  me  under 
my  condemnationr  I  engaged  in  that  caufe,  for  1  thought 
the  meafure  was  to  favc  the  country  ;  that  a  more  equal  re- 
presentation would  dry  up  the  fources  of  corruption,  would 
diminifh  our  taxes,  and  rtop  the  eu\iiion  of  our  bb^od. 
t  That  fuch  were  my  motives,  appears  from  '.very  part  of 
the  evidence  ag;ain{t  me.  The  Public  Profecutor  Ihrunk 
from  the  exammation,  even  ot  the  teftimony  of  his  own 
wirnelTes.  He  averted  his  eyes  from  the  proof,  in  order  to 
indulge  himfelf  in  vain  dechimation  and  unbecoming  invec- 
tive. I  Vvdll  not,  hov^^ever,  imitate  his  concudt.  1  will  exa- 
mine minutely  every  branch  of  the  proof  which  he  has  ad- 
duced againti  me  ;  and  you  will  be  convinced  that  after  eve- 
ry word  and  a6li'>n  of  mine  lias  been  fcruiinized  ;  after  ev.en 
the  levity  of  the  mod  unguarded  hour  has  been  explored, 
and  while  intruded  fpies  have  watched  every  book,  h?.d 
marked  every  word,  not  the  vcilige  of  fcdition  can  be  Uif- 
covered. 
The  firll  charge  againft  me  is.  That  at  meetings  of^tjje^ 

'  ''  people 


(    79    ) 

P£flBkjdlkLJ_n^jJeIf  had  convocated.  I  madejeditious  h^-^^ 
ranuues  ;  v.i;')fie(j  r}s?XinT^laid  cendkution  :  repi'elenteHjhe 

ex£2ii^-  ;  iij^^ired  gjcomparifoa  betwixt  oi^Jx5£™ -lild^ 
1^:U  of  France^^^anTTO^eyeiTjhinp:  to  inHanietlrejpJnd  s,of_ 
thepeogbjtnnfiir  rec^^  lion.       rTiTparticuiiu-ly 

allcdgedmat  1  was  guilty  ot  thei>  crimes  at  two  meetings, 
the  OLiQ  aC^Campfie,  and  the  other  ^^'^  Kirkinn}i(2Cl:i.  ^ 
^  To  prove  this  charge,  Alexander"  Johnft one  is  adduced. 
You  will  remember,  that  I  offered  to  prove  that  this  wit- 
nefs  had  cxprelTed  himfelf  in  the  molt  rancorous  terms  a- 
gainft  me ;  that  he  would  do  all  in  his  power  to  get  me 
hanged.  Bv  refpedable  witneircs,  I  could  eafily  h^ve  fup- 
ported  this  aver  lent ;  but  I  was  not  allowed  by"' the  Court, 
as  I  could  not  fpecify  the  particular  caufe  which  had  excit- 
ed the  malice  of  a  man  I  did  not  know,  and  whom  I  do 
not  remember  to  have  ever  ken.  But  what  does  even 
Johnitone  fay  ?  i  v/ill  read  you  from  my  notes  the  whole 
of  his  evidence.  Corred  me  if  I  have  erred  in  taking 
down  any  thing  differently  from  what  has  been  ftated.  I 
believe  that  my  notes  are  accurate,  but  miilakes  are  not  im- 
poiiible. 

l^^re  Mr.  Muir  read  over  the  whole  of  the  evidence?^ 
Vv  hat  does  this  witnefs  then  fay  ?  He  fays,  that  I  ftated, 
in  the  meeting  at  Campfie,  the  difadvantages  in  the  repre- 
fentation,  from  boroughs  being  rotten,  and  fror..  others  ha- 
ying no  vote,  the  population  of  England  and  Scotland, 
the  fmail  number  of  electors  in  both  ;  and  that  the  people 
were  not  tvWj  reprefented.  And  is  this  fedition  ?  Is  not 
the  faa  notorioufly  tiue  ?  Has  it  not  been  refounded  innu- 
merable times  wnhin  the  walls  of  the  Houfe  of  Commons 
irfelf  ?  Has  not  the  table  of  that  Houfe  been  covered  with 
petiur.ns,  expreifnig  it  in  language  infinitely  fironger  than 
mine?  If  t..  fUte  truth  be  fedition,  why  did  our  legiflature 
fl.mber .?  Why  flumbered  the  law  ;  and  why  was  not  pub- 
he  vengeance  aimed  with  the  fword  of  juftice,  when  this 
crime  dared  to  pollute  the  fanduary  of  the  legiflature,  by 
its  aopearance  within  it  ? 

^johnftoned- pones,  that  I  faid,  If  a  m.an  gave  2o,©ool.  for 
a  feat  in  pdriiament,  he  behoved  to  derive  fome  interelt  from 

it 


(     Bo     ) 

it.  Is  not  the  facl  true  ?  Do  not  we  daily  knorv  of  fums  of 
money  beins^  given  for  feais  in  that  hoiUe,  and  can  thi  re  '03 
a  conciufion  in  Euclid,  more  csr!:ain  than  the  inference  v/hich 
I  draw  from  the  fact?  It  may  be  faid,  that  the  Houfft  may 
be  pure  and  uncorrupted,  even  although  fuchfumsof  m  aiey 
are  given  for  adniiiTion  into  it ;  that  men  may  do  fo  in  or- 
der to  ferve  their  country,  or  to  difplay  their  abilii  es. — ■ 
Grant  ail  this  ;  but  have  we  not  feen  much  greater  fums 
thrown  away  at  contefted  e]e£li;ms,  by  men  who  never  o- 
pened  their  mouths  within  the  vv^alis  of  St  Stephen's  Cha- 
pel ;  whofe  patriotifm  never  fhone  forth  ;  and  whofe  abili- 
ties were  never  difcovered  ?  The  witnefs  depones,  that  I 
faid  the  Duke  of  Richmond  had  been  bribed  into  filence  by 
20  or  30,000!.  And  fuppofing  1  had  faid  fo,  »ljat  this  was  the 
falutary  opiate,  which  calmed  and  cooled  the  fever  ci  his 
brain,  and  probably  faved  him  the  mortification  of  ilanciing 
his  trial,  alfo,  for  the  crime  of  fedition  ;  what  has  this  to 
do  with  the  prefent  matter  ?  It  is  not  the  Duke  of  Rich- 
mond, but  it  is  the  king  hi mfeif  that  I  am  accufed  of  vili- 
fying. This  aiTertion  of  Johnflone's  is  indeed  too  ludicrous 
fo^:  furious  argument. 

Gentlemen,  before  I  proceed  farther,  let  me  make  one 
remark.  I  am  to  be  tried  by  the  law  of  Scotland  ;  and,  by 
that  law,  two  witneiTes  are  neceffary  to  prove  a  crim.e.— «' 
This  is  a  rule  full  of  humanity ;  but,  at  the  fam.e  time, by  cut- 
ting oft  proof,  it  may,  and  has  upon  fome  oc^jaJions  defeated 
the  ends  of  public  juftice.  If,  however,  the  concurrence 
of  two  witneffes  were  to  be  rigoroufiy  infilled  upon,  it  mull 
be  in  a  cafe  iimilar  to  mane,  v/here  their  teilimony  is  to  go 
to  words,  volantia  'verba,  neither  engraved  in  marble,  norr 
recorded  in  brafs.  You  know  the  infinite  variety  of  cir— 
cumPcances  depending  upon  the  fpeaker,  the  occalion,  the: 
manner,  the  perfon  to  whom  they  were  uttertd,  and  his 
fituation  ;  by  which,  the  meaning  of  the  fame  words,  caa 
be  dlverfified  and  niodilied,  tortured  into  guilt,  and  ex--- 
plained  into  innocence.  By  the  law  of  England,  which  is' 
likewife  the  lame  vv-iih  ours  in  the  cafe  of  treafon,  the  bare. 
uttering  of  words,  without  any  oveit  act,  cannot  be  admit* 
ted  as  evidence  to  prove  the  crime. 

Johnftone  depones,  that  1  compared  our  conftitution  witH' 


f    8.     ) 

i|  the  French,  and  faki  that  then*  arms  would  be  fuccefsful  i 
]  that   their   reprefentation  was   more  equal;  two  thirds  of 
■  their  debt  paid,  and  that  their  nianui'aclure.rs,  in  the  com- 
'  petion  with  ours,    would   have  the  advantage.      "Whoever 
'i  heard  before,   tiiat  it  v/as  unlawful  to  compare  the  Britifii 
;  conftitution  with  that  o.t  another  country  ?     If  the   Britifh 
I  Conftitution  is   the  boaft  of  ages,    tht*  pride  and  glory  of 
the  world.  Can  it  faffer  by  any  comparifoti  ?     On  the  con- 
trary, will  not   lb   fplendour  brighten  by  the  foil  ?     But 
does  Johiiflone  fay,  that  I  gave  the  fuperiority  to  the  French 
conflitution  over  the  Britiili  ?     No.— -Does  he  affevt,   i.hat  I 
Exhorted  the  meetiiig  to  rejeft  the  Bfitilh  conftirurioii,  tc^ 
adopt  the  French,  and  to  adopt  the  French  Ss  the  better 
tnotiel  ?     No  •  not  a   word.     What  then  fays  he  ?     That 
I  merely   compared  the  twe  together.     Is  this  fedition  ?-^ 
Alas  !  we  are  all  feditious.     Is  there  a  man  here,  or  in  this 
country,   who  has  not,  in  his  own  mind,  and  who  has  noE 
in  words,  made  a  iimilar  comparifon  ? 

Johnftone  next  obferves.  That  I  mentioned,  th^tt  two 
thirds  of  the  French  national  debt  was  already  paid  ;  that 
their  taxes  were  lefs,  and  that  I  afcribed  this  to  the  people 
being  more  equally  reprefented  in  their  iegiHator.  I  may 
have  faid  fo,  or  1  may  have  not  laid  fo.  My  remembrance 
does  not  carry  me.  Whether  die  fact  was  true*  at  that  time 
that  I  fpoke  in  the  meeting,  of  two  thirds  of  their  national 
debt  being  paid,  and  of  their  taxes  being  lefs,  I  know  not. 
Certain  it  is,  before  and  lince,  I  have  often  heard  it  to  be 
fo,  in  word  and  in  writing  ;  but  I  will  fay  this  to  j'ou,  and 
I  will  fay  it  to  all  Scothmd,  that  an  equal  reprefentation 
of  the  people  is  the  raofl:  dired^  and  falutary  method  to 
diminiih  and  pay  off  the  national  debt  5  to  alleviate  the 
Weight  of  taxes,  and  to  remove  the  clogs  of  induilry.  No- 
thing can  be  truer  than  the  inference  which  Johnftone  fays 
I  drew,  that  a  people  equally  induttrious,  muO;  have  the 
advantage  over  anotherj  v/iio  pay  greater  taxes,-  and  who> 
groan  under  the  burden  of  a  greater  debt,  if  i  were  con- 
nefted  with  this  laft  nation,  I  certainly  would  advife  them 
to  take  every  conilitutional  ftep  to  procure  a  diminution  of 
their  debt  and  of  their  taxes.  And  what  does  Mr.  John^ 
ilone  fay  ?     That  I  advifed  the  focietj  to  petition  Parlia- 

I^  iiientj, 


(     82     )i 

iiient,  and  that  the  fole  intention  of  thefe  focieties  was  to  pro 
cure  a  more  equal  reprefentation  and  a  fhorter  duration  o: 
Parliaments  Do  you  fay  then  that  the  object  of  thefe  fo- 
cieties is  unconilitutional  ?  Or  do  you  fay,  that  thefe  focie 
ties,  in  the  means  which  I  advifed  them  to  make  ufe  of  ir 
order  to  accompliih  that  objecl,  were  to  aft  unconftitution- 
ally  ?  You  can  do  neither.  Under  the  free  government  ol 
Britain,  every  man  has  a  right  to  look  after  thof«  whom  he 
is  fuppofed  to  delegate  to  the  Houfe  of  Commons,  to  ht 
the  arbiters  of  his  liberty,  his  fortune,  his  life.  He  has  i 
right  to  come  and  (late  to  them  his  wrongs  and  his  appre- 
henlions ;  and  the  mode  which  the  conftitution  has  pointed 
out  is  by  petition. 

Johnilione  depones,  that  I  advifed  the  people  to  confuli 
together  to  communicate  and  diffufe  their  knowledge  :  The, 
advice  was  a  good  advice  5  and  fuch  aii  advice  as  I  would 
give  were  I  ftill  in  the  fame  fituadon.  What  1  Is  the  tinic 
now  come  when  the  mind  muft  be  locked  up ;  when  fetters 
muft  be  impofed  upon  the  underftanding,  and  when  the 
people^  the  great  mafs  of  human  being,  muft  be  prohibited 
to  receive  information,  and  to  communicate  among  thera^ 
felves  the  information  which  they  may  have  received.  M 
ferabie  people — Country  to  be  deplored  ! — Ignorance  is  t^; 
fource  from  which  defpotifm  flows.  The  remembrance  oi 
former  liberties  will  make  you  only  more  wretched.  E:i- 
tinguilh  then  (if  poffibie)  the  light  of  heaveii,  and  let  U: 
grope,  and  let  us  fearch  for  confolacion,  if  it  can  be  found, 
under  the  darknefs  which  fliall  foon  cover  us.  But  tl 
profped  before  us  is  not  fo  difmal. — We  live,  and  we  a.. 
under  the  Britilli  conftitution.  A  conftitution  which,  in 
its  genuine  principles,  has  for  ages  confeCrated  freedom. 
We  live,  and  we  remember  the  glorious  revolution  of  1680, 
which  baniflied  defpotifm,  and  placed  the  family  of  Hanj- 
ver  upon  the  throne.  We  remember  the  Bill  of  Rights ;  n^r 
Ihall  we  forgtt  one  of  its  moft  faci  ed  claufes,  which  declar- 
ed, eftablillied,  and  fandioned  the  unalienable  claim  of  the 
citizen  to  petition  Pailianienr.  Now,  as  members  of  the 
Bricifti  conftituiion,  aftl-ig  under  the  Bill  of  Rights,  how 
fhould  our  conduct  be  (liaped  ?  Bo  we  complain  of  general 
gneyanccs,  fuch  as,  aij,  unec^ual  leprefentation  of  the  peo- 

plG  ? 


(  ^  ) 

pie  ?  It  Avould  be  arrogance  in  a  part  to  fpeak  the  Iangua,f^e 
of  the  whole.  Let  thofe,  then,  who  feel  mofl  lenlibly  the 
preffure  of  this  general  grievance,  not  prefume  to  complain 
for  the  nation,  but  confuit  the  nation.  And  how  are  they 
then  to  confuit  the  nation,  but  by  bringing  the  people  to- 
gether in  focietieSj  to  deliberate  and  to  refolve  ?  Would 
lyou  wifli  the  people  to  aft  unadvifcdiy.  Would  you  pro-= 
pofe  they  fliouid  carry  petitions  to  the  doors  of  the  Houfe 
^6f  Commons,  without  knowing  the  real  lignification  of  the 
iimport  of  thefe  petitions  ?  Let  us  apply  to  our  political  con- 
Iducl  a  rule  fare  and  unerring  in  private  hfe. — Think  ;  deli- 
berate before  you  a6t.  .An  unequal  reprefentation  is  a  ge- 
neral grievance. — Before  we  feek  to  obtain  ics  redrefs,  let  us 
^enquire,  in  the  firfi  place,  if  it  is  generally,  felt ;  and  in  the 
fecond,  if  redrefs  is  generally  wifhed  for.  In  applying  for 
Fi -general  remedy,  let  us  firfi;  be  convinced  of  the  general 
fiifeafe.  V/ithout  this,  a  few  faclious  may  prefume  to  fpeak 
':or  the  nation  ;  may  impoie  upon  the  weak,  and  may  plunge 
he  ma?iy  into  inextricable  confulion  and  mifery.  The 
^reat  propofition,  then,  which  I  maintained  is,  that  the  peo- 
ple fnould  confuit  together ;  that  they  fhould  form  themfelves 
nto  focieties  •  for  it  is  only  by  fo  doing  that  they  can  con- 
kid  themfelves  with  wifdom.  and  hope  for  fuccefs. 

The  Bill  of  Rights  declared  the  unalienable,  imprefcrlp- 
ible  right  of  the  people  to  petition  Parliament,  and  if  you 
jondem.n  me  for  adviling  the  people  to  petition  with'  reflec- 
ion,  with  united  and  general  deliberation,  for  redrefs  of 
general  grievances,  ye  tear  the  record  of  our  liberties,  and 
catrer  the  fragments  where  they  never  can  be  coUefted. 

In  adviling  the'n,  even  according  to  Johnftone's  evidence, 
he  people'to  inform  themfelves,  reciprocally  to  communi- 
cate their  information,  and  then  wifely  and  deliberately  to 
'etition  Parliament,  you  do  not  condemn  me,  but  you  tram- 
ple upon  their  liberties,  and  you  profcribe  the  conjflitu- 
■ion.  If  I  declared,  at  the  meeting  of  Campiie,  that  the  peo- 
ple iliould  adopt  every  mean  to  inftrud  themfelves  with  re- 
gard to  their  political  rights,  I  declare  and  I  inculcate  the 
ame  now  before  you,  and  before  this  great  audience, 
I  Hear  farther  what  Mr.  Johnftone  fays.  I  have  his  words 
iCGUrately  in  my  notes,     i  advifed  the  fociety  to  get  ALL 

L  2  th© 


C     B4     ) 

the  political  pamphlets  from  a  neighbouring  bookfeller.— 
The  advice  was  a  right  advice.     I  did  not  iill  myielf  under 
the   banners   of  fadion.     1  combated   neither  for  nnnirLry 
por  for  oppofition,    for  the  ins  nor  for  the  outs  ;  I  fought 
|n  the  caiife  of  truth,  and  how  is  that  caufe  to  be  fucccts- 
ful,  but   by  general,  complete,   and  impartial  info- snation 
of  the  different  arguments,  advanced  upon  either  iide  cf  il.e 
gr^at  qucilion  qf  Parhamentavy  Reform  ?    Gentlemen,  re- 
siiember  who  the  witnefs  is,  who  brings  forward  this  im- 
portant truth  in  my  favour.      It  is  Alexander  Johnftones 
the  firft  witnefs   adduced  by  the  Profecutor,   againft  whom 
I  objei^ed  on  account  of  the  expreuions  which  he  had  ufed 
Indicraing  his  intention  to  ruin  m.e,   which  by  refpe£table 
witnefies  I  oilered,  inftantly,  to  prove,  bur  which  p.ioof  was 
iiot  allowed  by  the  Court.      When  this  man  fpeaks  what  h 
itrongiy  in  my  favour,  you  cannot  fufpecl  him  ;  nay  more, 
what  he  has  faid,  affords  a  clue  to  my  condu<!t.     Fond  oi 
s-eading  myfelf,    purchafing,  for  information,  alm.oft  evei^ 
iiew  publication,   was  it  not  natural  and  jufl  for  me  to  re- 
commiend  a  iimilar  line  of  condud  to  m.en,  Vvho,  from  theij 
union,  were  enabled  to  defray  the  expence  ?    If  I  had  beer 
the  tool  of  party  and  of  fadions  ;  if  truth  had  not  been  m> 
objedj   I  would   have  faid  to  this  fociety,    *  purchafe  noi 
the  books  which  arc  written  againil  Parliamentary  Reform  ; 
they  are  merely  the  productions   of  penfioned  hirelings ; 
but  read  every  treatife  written  in  its   defence. — Thefe  arc 
the  prodiidfions  of  enlightened,   and  of  philanthropic  men| 
and  they  are  ftamped  by  the  iignaturc  of  genius.'     You  wil 
remember  what  the  witnefs  has  faid  upon  the  interros-.ator) 
of  the  Solicitor  General,  relative  to  wh.U  I  mentioned  con- 
cerning the  King,  Lords,  and  Commons ;  What  was  the  re- 
ply  of  the  witnefs  ?    It  was  this,  that  I  faid,  the  conftitutior 
ought  to  coufiH:  of  King,  Lords,  and  Commons.     Is  this  vi 
lifying  the  Monarchy?   Is  this  rcprefcnting  that  part  of  thf 
povernment  as  expenlive  and   cumberfome,   as   the  indift- 
ment  fets  forth  ?  Is  this  inflaming  the  minds  of  the  people 
and  c;?ciring  them  to  infurreaion  and  rebellion  ?  ^  ) 

This  witnefs  has  likevvife  deponed  to  a  remarKable  fact 
I  will  flate  you  his  words  accurately,  if  I  am  in  error,  yoi 
v'iU  cor'Cd  me  from  vour  notes,     "  In  that  meeting  ther« 


(    §5    ) 

'^  was  mention  made  of  Paine's  Rights  of  Man,  but  not  hy 
"  Mr,  Muir.  One  man  in  the  fociety,  not  in  a  public  man- 
•'  ner,  but  to  his  neighbour  privately,  laid  ;  that  he  had  read 
"  Paine's  Works,"  What  was  that  to  me?  And  fuppofing 
I  had  overheard  this  iiian  ufe  thefe  words  ;  could  1  be 
blamed  for  merely  poiTeffing  the  faculty  v)f  hearing  ?  Di^es  , 
Johnftone  fay,  thac  I  participated  in  this  private  converfa- 
tion  ?  He  fays  no  fu(.h  thm^.  Does  he  fwear  that  I  recom- 
mended Paine's  Works,  or  introduced  the  mention  of  them 
in  the  meeting  ?  No.  How  then  is  the  other  charge  in  the 
indidment  fupported  by  the  teilimony  of  this  witnefs  ?—- ,  , 
of  my  adviling  the  people  to  read  feditioui  books,  and  cir- 
culating fuch  among  them, 

Johnftone  has  told  you,  that  moft  of  thofe  who  compofed 
this  meeting  were  vv^eavers,  mcftly  young  m.en  from  eighteen 
to  twenty  years  of  age.  What  is  the  inference  v/hich  the  Lord 
Advocate  has  deduced  from  this  ?    I  blulh  to  mention  it.— 
That  people,  in  that  iituation,  and  at  that  time  of  life,  have 
no  right  to  interfere  in  public  affairs !  people  in  that  fituation ! 
"What  fituation  ?     Who  compofe  the  great  mafs  of  fociery  ? 
Who   fupport  the   Staie  ?    Who  contribute  to  its  wealth  ?    ^ 
Who  mult  fight  in  its  defence  ?     People  at  that  period  of  j 
life  I— What  period  ?  When  the  heart  is  uncorrupted  ;  when 
the  foil  is  beft  prepared  to  receive  good  feed,  and  when  the    ^ 
feelings  of  the  mind  can  be  moft  calily  led  over  to  the  lide  j 
of  virtue  and  humanity.    Becaiife  the  majority  of  the  mem-  j 
bcrs   of  that  fopety  might  be  vvTavers,   they  muft  be  held  J 
up  in  derifion  !     Becaufe   the  majority  of  them  might  be  1 
young  men,    they  mufi  be  cenfured  for  prefuming  to  inte-  ''. 
reft  themfelves  in  the   happinefs  of  that  country  in  v;hich 
they  were  to  fpend  their  future  days,   and   v;hole  conftitu 
tion  was  to  operate  upon  thtir  future  lives  I     But  you  hav 
feen  feveral  of  the  members  of  that  fociety,    and  I'nofc  u 
adduced  by  the  Profecutor,  (Mr.  Johnftone  in  the  numbt 
and  did  you  think  them  fo  young,   fo  frivolous,   and  fo  ill-   . 
taught  as  he  reprefented  ?     "i  his  is  a  matter  v»'hich  regards  ] 
you,  as  you  v/ere  the  vvitneiics,   and  you  muft  judge  for 
yourfelves.      Finally,   hear   the  conclulion  ot  the  depofirion 
of  this  witnefs,  which  ftate*,  "  That  I  recommended  peace 
^'  and  regularity  to  the  m^eeting,  and  obferved  that  any  tu- 

*'  mult 


(    86    ) 

''  mult  or  diforder  would  ruin  their  common  caufe  ;'*  and 
tha!:  I  lold  them,  ''  there  was  no  oLher  mode  of  procuring 
"  redreis,  but  by  applying  to  parliament ;"  and  that  I   re- 

._  commended  to  them  "  to  beware  of  admitting  any  immoral 
'■''  characters  as  ^members. '^ 

The  riext  witnefs  adduced  for  the  Profecutcr,  is  Robert 
Waddcll,  vice    pief]dcnr   of  the   fociety  at  KirkintUiochs 

,\vho  fwears  to  the  particulars  which  occurred  at  the  fame 
meeting,  in  which  the  preceding  witnefs  was  prefent. 

[Adr.  Muir  then  read  over  his  notts  of  this  luUnefs's  depO" 

In  what  refpecl  does  this  wknefs  criniinate  rne  :  Does 
he  nor  agree  precifely  with  Johnftonc,  concerning  my  gene- 
ral conduft.  I  ajr  accufed  of  vilifying  the  king  and  confti- 
tution  ;  and  what  does  this  witnefs  fay  ?  That  I  made  a 
fpeech,  in  which  I  advifed  regularuy  in  their  proceedings; 
and  tha^  they  ought  to  proceed  in  a  conftituiional  manner, 

"  as  tltjNi^  now  is,  by  King,  Lords,  and  Gomrnons.  The 
indiftment  alledges,  that  I  fp^Vke  and  reprobated  the  mo- 
narchical branch    of    the   conflitunon.       But  the  witnefs. 

'  fwears,  that  I  faidnoihing  about  the  expence  of  the  King, 
no'r  the  comparitive  expence  of  the  French  conftitution, 
noi  the  fuccefs  of  their  arms.  Gentlemen,  I  fpeak  with 
candour  ;  it  is  not  in  my  remembrrance,  that  I  fpoke  con- 
cerning the  comparative  excellency  of  the  French  or  Britifh 
coTsilitutions.    You  hear  one  witnefs  declaring,  that  1  mere- 

'  ]y  compared  them  together  ;  you  hear  this  witnefs  declare, 

that!  made  no  mention  of  either  conftitution;  both  of  them 

ir^y   have  fpoken   truth  according  to  the  impreffion  which 

was  on  their  minds,  but  they  ilrew  you  the  danger  of  trufl- 

g  to  the  memory  of  witneifes,   when  it  relates  to    words 

)ken  in  the  warmth  of  a  public  difcufiion,  and  attempted 

bs.  recollected  after  the  lapfe  of  many  nionths.     But  give 

'  ^.atfoever  degree  of  ftrength  you  chufe  to  Johnilone*s  eyi- 

CijUce,  draw  from  the.  cornparifon,   which  1    inftituted    be- 

\  tvveen  the  French  and  Britifh  confatutiims,  an  inference  as 
lii^i-ly  ciiminal  as  you  poffibly  can  ;  the  teitnnony  of  that 
man  is  completely  overthrown  by  this  wicnefs.  Mr.  Wad- 
ilcM  has  ftated  to  you  what  paiTcu  after  the  meeting  was  o- 
Ycr,    in  private  company,  in   the   unguarded  hour,  when 

the 


(     ?7     ) 

the  mind  dreads  do  danger,  and  when  vigilance  is  aileep; 
Cun  anj  thing  piovc  more  flronrriv  than   the   depofiti' n    of 
this  man,  the  innocency  of  mj  condua  ?  The  converfetion 
related    to   poliiics.  and  to  new  publications  ;   and    furely 
materials  of  thyt  kind  are  iniinitely  more  noble  in  their  na'-> 
ture,   than  thofe  which  deform   convivial   focierv,  and   dif- 
grace   the    man.       He    remembers    me    fpeaking   of    Mr, 
Flower's   boook   upon   the    French   conftitution;    a  book 
wiiich   the    Lord   Advocate,  although   not  fpecined  in  the 
libel,  wifhedto  infmuate  as  being  feditious^  ano  confequent^ 
Ij  an  aggravation  of  my  crime.     Of  the   truly  reipeaabic 
author  of  this  book,  I  know  nothing ;  but  if,  £om  writ- 
ing, a   true  idea  may  be  formed  of  the  heart  which  guides 
the  pen,  there  is   no  man  that  I  would  more  fondly  call 
my  friend.     It  is  true,  I  recon^nnended  Mr.  Flower  there, 
becaufe^I  recommended  his  principles  every  where.     I  will 
do  fo  ftillj  I  will  do  fo  in  your  prefence,  in  the  prefence 
of  the  Court,  and  to  this  great  audience.     You,  who  wiih 
for  a   Reform  in  Parliament,  read  and  weigh  well  the  lef^ 
fons,  which  this  good  man  has  given  and  inculcated.     Let 
perfonai  reformation  precede  public;  kt  the  torch  of  know- 
ledge lighten  the  path  of  libertv  ;  but  above  all,  let  found 
morality,  and  genuine  Chriftianity  be  the  goals  from  which 
you  commence  your  political  career.     A  p'eople  ignorant— 
never  can  enjoy  freedom  ;  a  people  immoral— are  unworthy 
of  the  blciTiiig.    .  "^ 

The  witnefs  next  mentions,  that  the  only  book  which  I 
recommended  to  be  purchafed,  was  Dr.  Henry's  Hiilory 
of  England.  I  am  an  enemy  to  the  conftitution,— and  yec 
1  recommended  to  the  people  the  book  beff  calculated  to  ' 
mftrua  them  in  its  principles,  and  in  its  progrefs ;  a  book, 
applauded  in  private  and  in  public  by  the  Earl  of  Manf- 
field,  and  upon  whofe  application,  the  author  received  an 
honourable  penfion  from  the  King  ;  honourable  to  the  gran- 
ter,_to  the  receiver,  and  to  him  who  iirfc  noticed  the  modeft 
merit  of  the  writer. 

^  The  witnefs  next  proceeds  to  mention,  that  at  the  meet- 
ing, a  perfon  of  the  name  of  Boyd  propofed,  that  Paine's 
Works  rhould  be  purchafed  and  recommended.  What  was 
my  condud  upon  the  occafion  ?     I  Md,  it  ^vas  foreign  to 

their 


(     83     ) 

their  pnrpofe ;  and  foreign,  furely,  indeed  it  was.     With- 
out approving  of  Mr.  Fame's  principles,  without  condemn- 
ing them,   I  ihall  afterwards  more  fully  fhcw  you,    that  the 
advice  was  fuch  as  became  them  and  me,  in  our  lituatron  at  '^ 
the  time.  '  ^J^i 

The  witnefs  mentions,  that  he  purchafed  for  the  Societ;i^f' 
three  or  four  copies  of  the  Pohrical  Progrefs.     Does  he  fay|  ^'■ 
that  it  was  ac  my  defire,  or  on  my  recommendation  ?   Noi  ' 
— That  he  purchafed  for  his  own  ufe,  and  that  of  his  neigh- 
bours, three  or  four  copies  of  the  Paifley  Declaration  of 
Rights ;  that  he  got  a  copy  of  Paine's  pamphlet,  but  knows 
not  fiom  whom  ;  that  he  never  faw  the  Dialogue  betwixt 
the  Governors   and  the  Governed,  one  of  the  charges  a-  ^ 
gainft  me  in  the  libel  5  and  that  a  Mr.  William  Muir  fhew-:  •' 
ed  him  a  number  of  the  Patriot.     In  the  name  of  common 
fenfe,  what  connection  hare  I  Vvdth  this  extraneous  matter  ! 
How  does  it  tend  towards   my  crimination  ?     The  witnefs 
:       fwears  poiirivsly,  that  the  only  book  which  I  recommende<l 
to  be  purchafed  by  the  Society,    was  Henry's  Hiflory  of 
Britain. 

The  witnefs  declared,  that  a  more  equal  reprefentatiion  of 

the  people  was  the  object  of  the  Society.     Being  a&ed  h^  - 

the  Sciicitor  General,   what  he  meant  by  a  more  equal  r<i- 

prefentation.    He  flopt  for  a  moment  to  conlider.     O  !  what  ' 

matter  of  trium.ph  was  this !     Then  burft  the  contemptuous 

fneer  ;   and  then  with  afFeded  ridicule  was  pointed  out,  the 

abfurdity   of  m.en  fo  ignorant,  embarking  in  the  caufe  of 

reformation,  w^hen  even  their  Vice  Prelident,  the  witnefs 

who  from  his  ftation,  if  any  had  known,  he  fhould  have  been 

the  man.     But  by  ail,  excepting  by  Mr.  Pitt  and  the  Duke 

]k  ^  of  Richmond,  v/ho  contended  for  reformation,  no  fpecitic 

'  I  plan  has  yet  been  propofed.     In  all  that  was  faid  in  the  late 

j  debate  in  the  Houfe  of   Commons,    no  fpecific  plan   was 

.  hr  ught  forvv'ard.     Is  it  then  a  matter  of  furprife  that  the 

*  witnefs  ftopt  for  a  moment  to  confider   his  anfwer  to  the 

queftion  ?     His  anfwer  was  fuch  as  did  honour  to  the  cool- 

nefs  of  his  mind,  and  to  the  foundncfs  of  his  underflanding, 

Tvvx)  opinions,  replied  he,  divided  the  Society.     One  was, 

for  confining  the  light  of  eleftion  to  landed  property  ;   the 

other,  for  extending  it  to  the  body  of  the  people  j  that  he, 

fot 


(  h  ) 

for  his  own  part,  bad  not  yet  made  up  bis  mind  upon  eitfiefs 
Being  afked  my  opinion,  he  fwears,  I  gave  none. 

Tl.te  witn^fs  depones  to  my  expiefs  language,  that  I  faid 
to  the  mectmg,  that  they  would  be  the  more  iuccefs^'^ul,  the 
tnore  they  were  conititationai.  Ls  this  preaching  up  ledi- 
lion?  Is  this  inflaming  the  minds  of  the  multitude  to  rebel* 
li  m  ?  With  every  witnefs  adduced  againft  me  this  day* 
this  witneis  likewife  corroborates  my  earned  advices  to  the 
|)eorIe  to  be  regular,   to  be  moderate,  and  to  be  moral 

The  nest  wirnefs  propofed  to  be  adduced  againft  me  vvas^ 
the  Reverend  James  Lapilie.  My  objeclions  to  his  admif-^- 
■fibility  were  fu'lained,  l^etbre  I  advanced  upon  the  tbiel- 
hold  of  my  proof,  by  the  Lord  Advocate's  giving  him  up. 
Sorry  am  I  indeed  for  the  Profecutor's  timely  precaution  | 
.proof  v/as  thickening  fall  againlt  this  gentleman  ;  proof  of 
I  brattices,  proof  of  crimes,  v/hich — ~^— but  I  go  uq  far- 
ther ;  the  day  will  come,  when  this  gentlemen  and  myfelf 
fhail  exchange  iituations  at  this  bar.  I  truft  that  by  your 
verdid  I  lllali  be  acquitted,  and  the  moment  after,  I  fo- 
lemnly  pledge  myfeif  to  this  nation,  to  exhibit  againft  him 
a  criminal  uccuiation  of  the  moft  ferious  kind.  To  fay 
more  would  not  be  right,  as  tending  to  excite  a  prejudice 
againft  him  in  the  day  of  his  own  trial.  It  is  fufHcient  for 
me,  that,  even  in  this  ftage  of  the  bufmefs,  after  the  proof 
I  was  leading,  my  nmft  rancorous  enemy,  would  have 
'bluilied  to  have  broup-ht  forward  this  man's  teftimonv. 

The  next  witnefs  was,  Henry  Freeiand,  prefident  of  the: 
fociety,  at  Kirkintilloch  The  indid:ment  charges  me  with 
having  convocated  the  focieties  at  Campfie  and  at  Kirk- 
intilloch. The  witnefs  depones,  that  there  was  an  inten- 
tion of  having  a  fociety  at  Kirkintilloch,  long  before  ever 
he  faw  me.  Does  this  wicnefs,  the  firft  prefident  of  that 
fociety  who,  if  any  man  could,  muft  have  been  well  in- 
formed of  the  circumftances  leading  to  its  formation,  fup- 
port  the  charge  of  the  libel  ?  (>aite  the  reverfe.  I  fliall 
J)oft~pone  the  nloft  material  part  of  his  depontion  to  the  laft. 
Ju  my  fpeech,  he  menrions,  that  I  fpoke  about  Ihortening 
the  duration  of  Parhaments  and  a  moie  equal  reprefenta- 
tion  ;  that  I  faid,  that  I  thought  taxes  might  be  lefTened  by 
thefe  means,  and  that  the  reform  was  liot  to  take  place  as 
'  M  ,  lo 


(     90     > 

to  the  King  and  Houf^  of  Lords,  but  only  of  the  Commons,  j 
Call  you  this  fedition  I  Does  not  every  thing  brought  for- 
ward by  thefe  witnefles  of  the  Crown,  confute  the  falfe, 
the  injurious,  and  the  icandalous  charge  in  the  libel,  of  vi- 
lifying the  Conftitution,  and  of  exciting  the  people  to  rebel- 
lion againft  the  King  ? 

Mr.  Freeland  faid,  that  I  mentioned  the  fuccefs  of  the 
French  arms,  and  that  liberty  would  be  eftabliflied  in  France. 
Call  you  this  likewife  a  crime  ?  At  the  time  when  I  fpolce 
was  it  not  true  ?  Were  not  the  armies  of  France  in  every  part 
victorious  ?  and  could  I,  not  polTeired  of  the  power  of  pene- 
tration into  the  future,  be  fure  that  they  were  not  to  ac- 
complish their  objeft  ?  Are  not  opinions,  after  all  that  has 
happened  during  the  lafl;  months,  as  much  divided  as  they 
were  then  ?  Can  you  go  into  private  or  into  public  com- 
pany, wheie  this  topic  forms  not  the  moil  material  part  of 
ihdf  converfation  ?  If  merely  to  fpeak  upon  this  fubject  be 
fedition,  you  are  all  contaminated. 

Mr,  Freeland  concurs  with  the  other  witneifes  in  re- 
membering, that  I  recommended  no  other  book  to  the  meet- 
ing,-than  Henry's  Hillory.  That  I  told  them  all  riot  would 
be  ruin  to  the  caufe  ;  exhorted  them  to  be  conftitutionai  and 
regular,  and  told  them,  that  they  were  to  petition  Parlia- 
ment, and  that  there  was  no  other  way  of  getting  a  reform. 

I  now  come  to  the  molt  material  part  of  Mr.  Freeland's; 
evidence,  which  relates  to  my  lending  him  a  copy  of  Paine'ij 
Works.  Now  let  us  take  his  evidence  in  the  connexion  of 
time.  lie  tells  you,  that,  having  heard  that  a  proclamation 
was  againft  that  book,  he  was  upon  that  account  curious  to 
fee  it,  and  that  he  ^/^rji  fpoke  of  it  to  me  ;  that  upon  Tuef- 
day,  eight  days  before  the  fociety  met,  when  I  happened 
to  be  at  Kirkintilloch,  in  the  houfe  of  Wallace,  to  which  I 
had  fent  for  hjm,  that  I  bid  him  fearch  in  .my  great  coat 
pocket,  and  h:  would  find  the  book  ;  but  that  he  had  be- 
ioie  this  time,  for  the  rcafon  which  he  had  mentioned,  afk- 
ed  the  loan  of  it  from  me.  He  further  tells  you,  that  when 
he  firft  fpoke  of  that  book  to  me,  I  faid,  I  thought  it  had  a 
tendency  to  millead  the  people ;  that  he  was  furprifed  I  did 
not  reccminend  it,  becaufc  every  body  elfe  fpoke  well  of  it, 
.^nd  that  I  did  not  approve  of  it. 

This 


(    9^     ) 

This  is  Mr.  Freeland's  depofition  as  to  what  palTed  be- 
tween him  and  me,  when  he  received  Mr.  Paine's  Works. 
But  his  teilimony  goes  farrher,  and  corroborates  that  in 
which  all  the  witnefTes  are  unanimous,  concerning  what 
pafled  in  the  fociety  when  that  book  was  mentioned  ;  of  its 
being  fuggcfled  by  one  Boyd,  ro  purchafc  it  ;  but  that  I 
.  iliook  my  head,  and  faid  it  was  foreign  to  the  purpofe. 

Gentlemen,  This  is  the  mod  material  evidence  which 
the  Profecutor  has  been  able  to  produce.  A  wide  field  is 
now  before  us,    and  that  I  may  deviate  as  little   as   poffiblc 

■  from  precifion,  I  fliail  arrange  what  I  have  to  fay,  under  di- 
;  Hind:  heads. 

In  the  Jir/l  place,  the  indidment  charges  me  of  feloni- 
;  oufly  and  wickedly  circulating  and  diibibuting  this  book, 
'  in  order  to  inflame  the  minds  of  men  againft  the  Conftitu- 
I  tion.  You  are  the  judges  of  the  law  and  of  the  fad.  Your 
Ideciiion  will  not  feparate  them  from  each  other,  but  com- 
:  ;bine  them  both  together.  It  is  neceffary  for  me  to  inform 
I  you,,  that,  without  a  criminal  intention,  there  can  be  no 
[  crime  ;  and  has  not  the  indictment  iifelf  fet  forth,  that 
!  1  did  not  circulate  thefe  books  merely,  but  that  the  circu- 
;  lation  proceeded  from  fuch  intention.  Nov/,  I  aik  you  to 
I  lay  your  hands  upon  your  brcafts,  and  to  fay,  vvhere,  in 
'  the   circumftances   of   this  cafe,   is  the  ihndov/  of  felonious 

■  .deiign.  The  Works  of  Mr.  Paine  had  been  publifned  and 
I  fold  every  where.  The  papers  of  the  day  teemed  u'ith  fuc- 
[  ceffive  advertifements,  announcing  where  they  were  to  be 
I  procured.  What  excited  this  curiofity  in  the  public  mind, 
i  without  uttering  a  fingle  fy liable  upon  the  intrinfic  merit 
1  or  demerit  of  thefe  works,  is  eafy  to  tell.  The  fituation 
I  of  France  roufed  the  attention  of  Europe.  To  that  coun- 
I  'try  every  eye  was  turned,  and  every  man  who  could  v/ield 
!  a  pen,  was  employed  in  difcuffing  the  principles  which  the 

Revolution  had  brought  forward.  Mr.  Burke  entered  the 
field  of  controverfy.  The  name  of  thii.t  gentleman  would 
:;  give  fale  and  diffufion  to  any  produ6lion.  Mr.  Burke 
f  foQ'^^ht  upon  one  fide  of  the  quedion.  He  was  encountered 
[  upon  the  oppoiite  by  Thomas  Paine.  Both  of  them  cham- 
pions of  approved  vigour,  and  of  undoubted  prowefs. 
!'  -^Couid  public  curiofity  not  be  awakened  to  the  contcn- 

M  2  tion 


(     9^     ) 

I 
tion   of  fiich  men  ?    It  Vv^as  fo  mod  completely:   and,  tht 
Works  of  Mr.  Burke  and  of  Thomas  Paine,  flev/  with  a  ra- 
pidity ro  every  corner  of  the  land,  hitherto  unexampled  in 
the  hii\ory  of  political  fcience.       Is   there  a  fin.c;le  man  a- 
niong  you,   who  has  not  read  the  Works  either  of  Paine  or 
of  Burke  ?  Is  there  a  perfon  upon  the  bench,  upon  the  Ju- 
ly,-- or   in  this  audience,    who   has  cither  not  purchafed  or 
lenc  the  Treatife  upon  the  Rights  o(  IVIan  I  Now,  if  one  of  i 
>you  lent  to  a  friend   or  relation,  who  might  participate  in 
the  common  curiv'luy,   a  lingle  pamphlet  of  Mr.  Paine's, , 
you  are  as  guilty  as  I  am  ;  but  why  fliould  I  ufe  |:he  term 
guilty  ?  NONE  of  us  are  guilty  in  lending  that  book,  be- 
'cs.uk  we  harboured  no  evil  dcfign. 

If  there  had  been  a  public  lav/  of  the  Kingdom  condemn- 
ing that  book,  the  prcfumption  of  ignorance,  could  net  be 
admitted  by  its  rigid  rule.  And  the  mere  a6l  of  giving  a- 
•way  a  iingle  copy,  would  have  been  confidered  a^  a  vioU- 
.  tion  of  its  letter.  But,  at  the  period  when  I  lent  Mr.  Free- 
land  Faine's  Works,  was  the  fentence  of  reprobation  thun- 
dered againft  them  ?  No — I  then  was  guih.y  of  offending  no 
exifting  Law,  I  was  not  certified  of  my  danger,  I  was 
not  put  upon  my  guard.  V^Tas  there  a  judgment  of  any 
court  in  England  or  in  Scotland  againft  this  book  at  that 
time  ?  No— Then  I  had  no  caufe  for  alarm  ;  but  fom<^ 
months  before,  a  proclamation  againft  feditious  writings 
had  been  iilued.  A  proclamation,  gentlemen,  is  not  law. 
It  can  declare  and  it  can  enforce  what  the  law  has  alrea- 
dy enacted,  but  it'  has  no  legiflative  authority.  But  was 
there  any  mention  of  Mr.  Paine's  Works  in  that  procla- 
ination  ?  None. — What  were  the  confcquences  of  this 
proclamation  ?  You  know  them  weli.— If  there  had  been 
a  demand  before  for  political  books,  that  de^aand  in- 
creafed  in  a  tenfold  proportion.  Concerning  the  par- 
ticular books  to  which  the  proclamation  might  be  fup-t 
pofed  to  allude,  curiohty  was  more  highly  e.xcited,  ana 
converfation  became  more  keenly  interefted.  Now,  mark 
tiie  circurnllanccs,  in  which  Mr,  Freeland  applied  to  me  fi^ 
ihe  loan  of  that  book.  Here,  take  notice  of  his  exprefs 
words,  "  that  having  heard  a  proclamation  of  the  King 
aas  uicd  againll  it,  he  was,  upon  that  account,  curiouig  tq 

f«€? 


(    9i    ) 

(ee  it,  and  firfl  fpoke  of  it  to  Mr.  Muir."  Now  I  afk  yoa  . 
if  any  thiiie  iii<e  ftlonious  iiitcniion  in  Freeland  can  be  dif- 
coverecj,  i.n  applying  for  it  to  me  ;  a  proclamation  had  been 
ifTued  againft  Icditious  books,  and  a  natural  cmioiity  was 
excited  in  him  to  fee  wliat  thefe  books  were,  wl^ich  he  had 
heard  repi-rted  to  be  feditious  ;  a  curioiity  which,  at  the  time, 
.^ivas  common  to  all.  I  afk,  if  y(m  could  fuppofe  there  was 
a  felonious  iniention  in  mv  lending  it  ?  Did  I  introduce  the 
converfatinn  by  fpeaking  of  it.  Did  I  advife  him  to  read  it, 
to  adopt  iis  principles,  and  to  contribute  his  exertions  to 
carry  them  into  pracUce  ?  No. — He  exprefsiy  tells  you,  that 
I  did  no-  approve  o'"  the  book  ;  that  I  faid  it  had  a  tendency 
to  niillead  the  people,  at  whicii  he  was  furprifed,  as  it  was 
oth- rviie  approved  by  all.  To  what  then  reduces  itfclf 
fhis  mi_<hty  cricne  of  "fedition  for  which  I  fland  here  ?  To 
gratify  the  natural  curiofiiy  for  a  perfon  who  tells  you,  he 
lives  in  my  neighbourhood,  and  is  a  diftant  relation  ;  I  lent 
a  book,  which  was  in  univerlai  circulation,  unnoticed  by 
Courts  of  Jullice,  uncondcmned  by  law. 

If  you  have  come  here  this  day  v.'ith  an  intention  to 
bring  me  in  guiky,  whether  right  or  wrong,  fa}' fo  bold- 
ly, openly,  and  let  iv^e  add,  honeftly.  Refort  not  x<j 
wretched  pretexts  and  ex^pedients  to  jiiftiTy  a  ftretch  of 
power.  Thefe  pretexts  are  foon  feen  through  by  ihe  pe- 
netrating eye  of  mankind,  and  to  the  guilt  attending  the 
determination,  will  be  added  the  contempt  which  ihe  pre- 
text will  juiiify. 

Gentlemen,  in  the  [fcond  place,  X  wouid  direct  your  at- 
tention to  what  Mr.  Paine's  v\riting8  are,  and  to  the  parti- 
cular manner  in  which  they  are  prefented  in  accufation,  in 
my  trial.  I  \viU  allow  that  any  wilting  which  q.2^\^.  upon 
the  people  to  rife  in  arms,   to  refill  the  ]av7.  ^t^nd  to  f  ibvert 


isjtreafo3}i£b]ej  but  do  the  wntingV'or~Mr.  i-'a:ne  il^irKfUT' 
tiat  predicament?  Can  you  point  me  out  a  iingk  fentcnce 
where  he  provokes  infuriedion  ?  Mr.  Paine's  writings  are 
jndifputabjy  of  a  fpecularive  nature.  He  invePcigates  tlic 
iirft  principles  of  fociety  ;  he  compares  dillerent  f  .rms  of 
government  together  ;  and  where  he  gives  the  ureferenceg 
^e  affigns  his  leafons  for  fo  doing. 


C      94      ) 

I  have  neither  time,  nor  iaclination  to  entertain  you  by 
ciiTertations  upon  the  Liberty  of  the  Prefs.  If"  that  liberty 
is  llckly,  ihe  Conflitution  is  likewife  difeafed.  If  that  li- 
berty is  extinguillied,  the  corjfticution  expires.  You  will 
nfi^  What  is  tlie  precife  notion  which  I  -ffix  to  the  term  Li- 
berty of  the  Prefs  ?  I  will  tell  you  honellly,  and  wis  hout 
difguile. — By  the  Liberty  of  the  Prefs,  I  mean  not  the  power 
j2fLg-1^^^^'""^^'"5JJ2ej:eputation,  of  torturinp;'  the  feelings  of 
jjndi_yi duals.  No  crime  in  my  eiliniaticn  can  be  more  hei- 
nous.— By  the  Liberty  of  the  Prefs,  I  mean  not  the  power 
of_dep;rading;^  and  of  contaminating:,  the  public  mindbyj:;or- 
ruption  of  public  morals.— ByHihe^  Liberty~oFThe  FreJsTl 
underiland  not  the  power  of  inflaming  the  minds  of  men  a- 
gainilthe  conftitution,  of  itimulating:  the  people^o  niTur- 
?eHion,  and  of  tearing  "down  the  barriers  of  public  property, 
andof  publicjccurity.  Where  government  is  eftablillied, 
tnat  government  mull  be  rpfpefted.  And  the  trueft  re- 
public, which  ever  yet  exifted,  never  could  tolerate,  the 
internal  foe,  who,  witliin  its  own  precinds,  founded  the 
charge  to  civil  war.- — By  the  Freedom  of  the  Press,  I 
underlrand  the  inaliena^ble  Rj^ht  of^ublishing  truthj 
of' prefenting  to  the  \vorid,  ^whatever  may  tend  to  pubHe 
frood,  and  may  not  hurt  the  feelings  of  individuaJs^jnorals, 
i.or  eftablilhed  laws. 

""Conftitutions  of  government  are  the  workmanfhip  of 
men  ;  that  conftitution  is  the  molt:  perfeft,  which  can  be 
jDofl  eafily  amended.  There  are  cor-rritutions,  which,  ftcp 
])y  ftep,  without  coavulfion,  and  without  blood,  have  ad- 
vanced to  fuperior  degrees  of  perfedion  ;  which,  by  their 
own  internal  energry,  have  eiiccled  their  own  reformation, 
and  avoided  the  calamities  of  a  revolution.  Thefe  progref- 
jive  conititutions,  if  I  may  ufe  the  expreilion,  mud  always 
cherlOi  and  fupport  the  iiberty  of  the  prefs,  as  the  chief  in- 
flrumcnt  cf  their  prefervation.  Look  back,  I  befeechyou, 
to  the  ancient  fyftem  in  France.  To  you  the  obfervation 
may  be  fiaguUir,  but  I  am  confident  in  my  own  mind  it  is 
jufi:.  If,  while  the  velliges  of  their  ancient  conftitution  ftill 
lemained,  while  the  remembrance  of  the  States  General  wiis 
not  yet  for^jotten,  the  fiecdom  of  the  prefs  had  not  been 
iinuihiiated,    their   conPtitutJon   would   have    become   pro- 

grellivc  ; 


(    95    ) 

^refiive  ;  its  reformation   would  gradually  have  been  ope-* 
rated,  and  by  the  exertions  of  good  men  and  ot'  patriotiGi 
writers,  ull  the  calamities  which  wc  now  deplore  in  the  re- 
volution pould   have  been   averted.     How  grateful  iliould 
we  be  to  eternal  providence,  that  our  Conllitucion  poffeffes 
in  itfelf  the  power  of  amendment,  "that,   v>'ithout  a  revolu- 
tion,'it  can  reclify  its  abufes  ;  and  thai,  (ilently  and  without 
dilbrder,  it  can  advance  i  owards  that  chaftened  Jiberty,  which 
conditutes  human  fehcity.    You  have  read  the  hiftory  of  the 
Britifli  Conftitution  ;  and  what   is  it    but   the   hiftory  of  a 
continual  progrefs  ?     You  will  next  aH-i  what   has  been  ths 
impelling  caufe  of  this  progrefs  ?   1  ani\ver,  the  right  of  the 
univerfal  diffufion  of  inFormaticn,  by  means  of  the  Liberty 
of  the  Prefs.     If  you  deftroy  that   liberty,   you   accomplilh 
one  of  two  things. — The  people  will  be  buried  in  ignorance  § 
the  iron  throne  of  defpotifm  v/ill  be  erecled,  and  the  filent 
1  cannot,  will  not  contemplate  the  picture.     If  you  def- 
troy the  Liberty  of  the  Prefs,   you  may  perchance  do  fome- 
thing  elfe,  which  is  horrible  to  think  upon.     This  high  fpi^ 
rited  and  gencrov.s   people   will   not   foon  forget  their  loll 
jights.     You  have  removed  v^hat  led  to  progreffive  perfec- 
tion.    Evil   will  proceed  to  evil.      What  originated  folely 
from  corrupted  men,  will  be  imputed  to  the  conftitution  it- 
felf.     By  undermining  its  beft  prop,  its  moft  folid  and  maf- 
fy  pillar,  I  repeat  it,   and  never  fnali  ceaie  to  repeat  it,   the 
liberty  of  the  Prefs,  you  expofe  this  holy  fabric  to  a  blov/^ 
which  will  ihake  it  from  its  fuundaiions.     Let  us  then  ap- 
dIv  this  ars-ument  to  the  cafe  of  xMr.  Paine.     This  work  is 
merely  of  a  fpeculative  nature,  upon  the  principles  ot  go- 
vernment.    If  Mr.   Paine's  Work  is   inconfiftent   with  the 
Britiili  Conftitution,   what  is  the  confequence  ?  It  the  book 
is  written  with  ingenuity,  it  will  acquire  readers.      No  man 
in  his  found  fenfes,  the  keeneft  advocate  for  a  Parliament- 
ary Preform,  but   will  avert  his  eyes,  bathed  in  tears,  and 
in  horror  of  foul,  from  a  revolution.     He  will  compare  the 
principles  of  Mr.    Paine  with  the    Conftitution.       If  Mr. 
Paine  has  pointed  out  any  thing  defedlive  in    the   Conftitu- 
ti-m,  he  will  contiibute  his  humble  efforts  to  have  that  de- 
fect repaired.     If,  upon,  the  other  hand,  he  fnall  imagine, 
that  Mr,  P.-iine  has  taken  an  erroneous  view  of  this  ediiite, 

has 


(    9«    ) 

fias  mifreprefented  Irs  properties,  he  will  become  rnote  and 
more   fenlible,  from  his   inquiry,  of  the  fecuritj  which  he; 
enjoys  under  ics  protecling  roof.     The  fenfe  of  danger  vvili 
be  removed,  and  his  mind,  undifturbed  bj  glodftiy   appre* 
hennons,  will  enjoy  tranquility.    O  !  how  little  do  ye  deent 
the  Britifn   Conilitution,  who  think  that  it  is'  bu  It   upon 
the  fand,  which  when  the  rain  defcendeih,  and  the  floods' 
Cometh,   and  the  winds  blovv,  and  beat  upon  k,  that  it  fliall 
falL     No — when  the  rains  deicendj  when  the  floods  comCg^ 
when  the  winds  blow,  it   fliall  not  fall,    for   it  is   founded 
upon  a  rock:     I   then    maintain,  although  not  in    accents 
fweet  to  the  ear  of  corruption,  grateful    to  conrtly    pride^ 
nor  acceptable  to  ill-got  power,  that  thofe  fpeculative  wri- 
ters, who  inveftigate  the  principles  of  our  Gowft'itution,  who 
compare  that   Confl;itution  with   thofe  of  other  countrieSjj^ 
perform  a  meritorious  fervice  to  this  nation  :  thefe  wriuers 
either  impel  us   to  reftify  that  which  is  wrong,  or   more 
ftrongly  confirm  us  in  our  love  and  in  our  attachment  to" 
that  which  is  right.     Let  Mr.   Paine  then  be  confldeied  as 
the  bitrereil  enemy  to  our  Conftifutlon,  yet  as  long  as  he' 
confines  himfelf  tofpsculation,  we  fliould  be  grateful.      Our' 
bed  inrerefls  are  involved    in  the  Gonflltution,    and   like 
thofe  fiill  of  a  higher  clafs,  fuperior  to  time,  and  which  ex- 
tend to  eternity,  are  too  apt  to  be  forgotten,  and  to  make 
little  impreliion.     If  Mr.  Paine  then  has  called  otir  atten-?' 
lion  to  the  Conilitution,  he  has  performed    to  us- an  efll^n- 
tial  fervice,  he  has  led   us  to  contemplate  all  its  perfection,; 
and   roufed   us   from    our  lethargy  to  rectify  wherever,  by 
time  and  by  corruption,  it  may  have  fuffered  decay. 

Shall  the  lending  of  a  fingle  copy  of  the  works  of  this 
writer  be  held  criminal  ?  When  was  there  ever  fuch  a  vi- 
olation of  the  rights  of  Britons  ?  Mr.  Paine  has  compofed 
no  model  of  a  perfeft  commonwealth,  as  Mr.  Hume  has 
done  ;  yet,  the  political  worlc^  of  Mr.  Hume,  you  have  all 
read,  and  you  have  all  applauded.  If  you  condemn  a 
man  for  lending  Mr.  Paine's  Works,  you  do  what  even 
was  not  attempted  to  be  done  in  the  reign  of  Plenry  the 
VLll,  when  the  Conflitation  lay  expiring  on  the  rack  of 
defjjotlfm,  making  exertions,  which  only  could  difcover  re- 
maining lifcj  but  at  the  fame  time  the  privation  of  fl:rength. 

Along 


C     97     ) 


4.Ion,c;  with  ecinality  vof   political   ^i^^hlSJ    I'it.   Mr.   Paine 

^eacbe(l  equality  ot  property  ?  r  •■--    ■    - '    '■'  ——  ^  -  --r 

into  the  brains  of  thoilr,    w:;o   ;;     .  5 

blit  who  know  not  human  naLcre.  i  et,,  uucler  \  -  -  '  .  :  i- 
ry  reign,  did  not  Sir  Thuni;i;:;  '"^'r^.  c:' ;'^"  fr  -  rbc  cu;ii:u.-.:ce 
of  the  King,  and  placed  at  r'-  .  \.  J  ^^  '  ■■  [-.  -,  publifh  his 
Utopia,  the  plan  of  ■  :  -  ■-\'..h]\c,  of  which  an  equal  divi- 
lion  of  property,  an  r\;,r:iri :Ui  law,  an  univerfal  corrunutjivv, 
farmed  the  balis.  In  uus  enlightened  age,  when,  after  i'o 
r:'i'>-  ly  fiery  tiidls,  our  conftiturion,  in  its  pure  and  yenu:-.o 
pv;u.c-pie3,^  itands  unveiled  to  our  view,  wdl  you  conceiim  ^i 
ni.  ."  for  !cii:liiK^  a  u'o:k,  equally  fpeculative,  and  if  fuch  a 
Vi  :  _  c_-'ib:  ;,  as  a  well  fjuncied.  p  mic  ag.dnll  icTellerSj  ia-^ 
iiniiciy  m-'re  danc;ernv;Q. 

I  ibould  be  the  hiii  \[  an  to  propofe  to  your  iL^itation,  th<3 
condu-ft  of'defoots  ;  but  1  call  upon,  you  to  ponder  v/ell  the 
wojdsvjf  a  mpR.  -^vho  rendered  the  [erins  republic  and  pure 
-arid  undefined  uefpotirrn  the  f.inie  ;  Cromwell.  Under  h,is  pro- 
tedorfhip,  when  Harrington  publiunjd  his  Oceana;  inionn- 
crs  denounced  the  wcric.  '^  My  caule  is  too  ftrong,''  (aid 
Cromwell,  ''tobehur  hv  piper  di't  f  and  if  you  fay  that, 
by  any-pubdcan'^n,  ti^e  Hdnlh  c:)niiitur'  ai  can  be  injured,  you 
youifeives  are  guilty  o;  the  crime  ot-"  libelling  its  iiirength. 

To  conclude  upcn  tias  head,  I  naaR^ain,  that  to  fuppreis 
works  purely  fp^-'cehitive,  provoldng  not  the  people  to  dif^ 
obedience  to  the  laws,  nor  to  rebellion,  however  muck 
thefe  works  may  differ  from  the  C(:)nf[itution,  is  to  dc- 
firoy  the  Liixn'ty  of  the  Prels.  to  trample  upon  the 
beib  and  the  ibrcri:  bulw;irk^  winch  defends  the  app:a)fich- 
es  to  that  relpccted  buikbny^.  If,  to  lend  the  Vv^orks 
of  Thomas  Paine  to-dav  be  r  iiyon,  to  lend  a  tranf- 
iation  of  the  r^^pL-biic  of  b'.,  -:  lO-tnorrow  wiil  be  tre;rfcn„ 
Gentlemen,  tiie  Works  o:  aba  Paine  are  lying j3£rp'T  rap,. 
I  could  read  to  you  niany  p^ifnia^^s  to  prove,  ti;at  t'  a  a: 
merely  of  a  fpeculative  nature.  Yon  aie  eaanakevi  ;  c- 
qu ally  lb  am  1..  And  yet,  we  have  f  )me  length  ^f 'r'S'^d, 
I  before  wc  co-niude  to  travel  over.  For  thefe  paiigre-  ^• 
fer  you  to  the  celebrated  ipeech  of  Mr.  Er&ine  ;  one  of  ih'^ 
bed  friends  the  coniiitution  ever  knew",  akhougli  .of  tlau; 
teprobated  cailj  the  Friends  of  the  ^People,     Gciitleniea    I 

N  '  tiuit 


(    98    ) 

truft  that  you  xvill  now  be  peiTuaded,  that  neither  the  ptifs* 
iilhmg  nor  the  lending  of  a  fpeculative  political  book  is  fe- 
dition.  But  I  now  call  your  attention  to  another  circuni- 
itance,  the  manner  in  which  criminality  is  attached  to.  that 
book  and  to  myfelf.  Various  detached  pafiages  are  quoted 
from  it  in  the  indictment.  They  are  called  wicked,  infiam- 
iriatory  and  feditious.  In  the  facred  name  of  juftice,  will 
you  condemn  any  book  for  detached  paffages,  feparated  from 
the  whole  connection,  cut  off  from  reciprocal  explanation, 
and  from  which  neither  its  general  tenor  nor  fcope  can  be 
difcovered.  If  you  do  this,  where  is  the  book  in  which 
you  cannot  difcoVer  fedition,  by  dilTecting  its  feparate  fen- 
tences  and  paragraphs.  For  my  partg  if  you  proceed  on  in 
this  manner,  I  do  not  know  a  more  dangerous  collection 
than  the  books  of  holy  infpiration.  Separate  verfe  from 
verfe,  and  then  combine  them,  accordiug  to  your  pleafure, 
and  you  may  malce  the  Bible  one  of  the  molt  feditious  and 
treafonable  books  which  ever  was  written.  But  you  are 
neither  to  condemn  that  book,  nor  me,  for  thofe  detached 
paiTages  exhibited  in  the  indictment.  You  mult  carry  along 
with  you  the  whole  works  of  Mr,  Paine,  you  mult  fcruti- 
iiize  line  by  line,  and  you  mufc  pronounce  upon  the  gene- 
ral context.  If  you  find  it  provoking  the  people  to  refif- 
tance,  calling  them  forth  to  arms,  to  fubvert  the  conititu- 
tion  ;  then,  no  doubt,  it  is  feditious.  But,  if  you  find  the 
author  indulging  himfelf  in  nothing  but  philofophical  and 
political  fpeculation,  however  much  your  principles  and  his 
may  ditier,  you  cannot  condemn  him  for  compofmg  it,  or 
me,  after  it  was  compofed  a^nd  publilhed,  for  lending  it  to  a 
relation. 

.  If  you  condemn  books  for  being  feditious,  upon  account 
of  pafldges  culled  from  this  page  and  from  that  page,  and 
artfully  combined  together,  you  have  it  in  your  power  to 
award  a  profcription  againft  books  and  univerfai  literature. 
As  I  have  already  mentioned,  there  is  not  a  fmglc  book,  in 
which,  by  diiiedting  it  in  this  manner,  fentence  by  fentence, 
and  paiTage  by  pafTage,  you  may  not  difcover  immorality, 
l^lafphcmy,  and  treafon.  Indeed,  if  the  fad  objects  ot^  re- 
IJedion  which  prefent  themfelves  to  my  mind,  when  1  con- 
template the  {late  of  my  country,  could  permit  me  to  in- 
dulge 


L    99    ) 

idulge  in  a  vein  of  ridicule,  I  would  advife  you  at  once  to 
hiy  the  axe  to  the  root  of  the  tree,  and  to  bring  an  indid- 
iarnc  againft  the  alphabet  itfclf,  as  it  is  the  foiirce  of  the 
evil  you  dread,  as  its  parts  form  the  component  elements 
of  fcnrences  and  of  paragraphs,  which  may  contain  the  moft    ■ 

ingemus  fedition,  and  the  moil  horrible  treafon.  Eut  this 
is  not  an  hour  to  indulge  the  fport  of  humour.  \ 

[  will  ad  .'nit,   that  the  palTages  from  M\\  Paine  2nd  the      \ 
b  n)ks  exhibited   in  the  indidment  may  be  highly  criminalj 
bur  will  any  perfon  venture  to  fay,  that  I  lent  thefc  books, 
ibr   containm;;-    fuch   pallages,   that   I    particularly  pointed 

ni  oul,  and  gave  them  my  v/armeft  approbation  ?  If  the 

■■"kcutor  has  a  right  to  prefume,  that  it  v.'as  upon  account 
i"  ti^eie  paiHiges  I  lent  thefc  writings,  I  too  have  a  right 
':  )  dra-.v  a  contrary  prefumption  in  m.y  favour.  If  there 
are  fentiments  in  the  Works  of  Mr.  Paine,  (and  many  fuch 
there  are)  fraught  -with  univerfai  benevolence,  inculcating 
univerfal  anvitv  and  brotherhood^  and  of  a  tendency  to  dif- 
pei  thofe  pafTions  and  thofe  prejudices,  which  animate  and 
impel  nation  againif  nation  into  the  field  of  blood  and  of  car- 
nage, I  am  entitled  to  plead  upon  thefe  paffages :  1  have  a 
right  to  fay,  that  it  vv-as  the  antidote  and  not  the  poifon  I 
recommended;  And  you  muft  know,  that  the  law  of  this 
country  obliges  you,  where  oppofing  prefumptions  are  of 
equal  (Irength,  to  let  the  balance  preponderate  on  the  fide 
of  mercy. 

Gentlemen,  I  Oiall  conclude  upon  the  fnbjeci  of  Mr. 
Paine's  Works  by  obferving.  That  all  the  wiineiTes  have  u- 
niformly  fworn,  that  i  refufed  to  recommend  tJiem  ;  that 
when  tile  matter  vv;!&  propofcd,  I  faid,  the  piinciples  con- 
tained in  them  might  miflead  the  people,  as  they  were  fo- 
reign to  the  cbjecl  of  the  fociety,  and  might  mifguide  weak 
ininds.  There  is  not  a  witnefs  adduced  by  the  Profecutor, 
tvho  fays  the  contrary  of  this  ;  and  Vv^ili  you  agree  in  opi- 
nion, that  the  charge  in  my  indidlrnent  of  circulating  and 
recommending  thefe  book:,  has  the  flighteft  fhadoy/  of  fup- 
port :'  I  will  tell  you  the  rea fori  why  I  did  not  recommend 
Mr.  Paine's  books  to  the  fociecics,in  Scotland,  and  why  I 
declared  them  foreign  to  their  ptn'pofe.™-Mro  Paine  is  a  re- 
publican, snd  the  fpirit  of  republicniiifm  breathes  through 

N  3  all 


(       100     -) 

alibis  wiitrngs.  This  is  his  darling.  fyfteiT!,  Tbe  obj.ect 
6f  thefe  il:c;cties  w.-s,  by  conilitutionai  means,  to  procure 
a  .refoTiTiarion  ia  the  conilitution,  and  noc  a  revolution, 
ivhich  implied  its  dedriiclion  :  to  have  their  long  loft  ngbts 
reitored,  biu  not  tl^e  afruLnption  of  new  rights  derived  from 
a  difFercnt  fyitepj.  The  people  of  Scotland  were  rapidly 
ridvancing'  to  a  true  fenfe  of  rheir  conilitutionai  liberties : 
They  demanded  an  application  to  thern.  of  the  conftitution., 
"]n  its  s.enuine  principles,  in  v/hich  they  beheld  their  fecu- 
rity  coniirmed,  and  their  happincfs  efbibliOied,  That  th^:y 
ini:<ht  advance  with  nioi-e  ardour  in  this  caufe,  it  v/as  ne- 
cefiary  thpit  they  ihould  know  the  conilitution ;  what  it  had 
been  in  its  vigour,  and  what  it  now  is  in  its  decay,  in  con- 
fequence  of  the  corruption  of  men  and  of  ages.  What  did 
i  do  to  cfFecluate  this  legal  and  peaceable  object  ?  I  did  not 
prefent  to  them  the  fplendid  fabrics  of  ancient  or  of  modern 
republics  5  I  v.'ifned  tliem  to  keep  their  eyes  ccnnned  at 
Lome,  to  repair  t'neir  own  maiihcn  rather  than  pull  it 
clovvn,  and  expofe  tbemfelves  to  the  inconveniencies  and  to 
the  dangers  of  building  upon  new  plans,  the  advantages  oc 
difadvantages  of  whicii  could  be  only  known  i^y  the  uncer- 
tain experience  of  future  ages.  All  the  wifneffes  who  fpeak 
Ci  rav  condu'ft  iii  the  iccie'cies  tell  you,  that  I  recommend- 
ed none  but  conftitutional  meahires  ;  and  that  the  only 
book  which  1  recommended  to  them  was  Henry's  Hiftory 
of  England,  as  i'  =  ^:^  beil:  calculated,  by  its  accuracy  an4 
plainnefs,  to  give  them  inlii^iit  into  the  nature  ^>Lnd  progre:,! 
of  fheir  conltitution. 

If,  in  my  library,  in  converf^iion  upon  the  fubj-^-ct  of  g.- 
"verunient,  the  plans  adopted  by  difierent  political  vvriieis  . 
Iiad  been  dilcuiibd,  coubikfs,  I  might  have  given  opinioriS 
diiierentfrbm  thofe  which  1  con.fidered  it  my  duty  to  advance 
•when  acting  under  an  eftabliflTed  conltitution,  and  employn.  = 
ed  in  thofe  nleafurcs,  v.hlch  it  pointed  out,  to  efitdtuute  a 
yedrcfs  of  grievances.  When  Mr.  Hume  pubbfhed  his  kf- 
fay  upon  a  Perfed  Commonweahh,  did  not  lie,  ns  (Irongly 
as  he  poffibly  could,  declare  tliat  bethought  this  model 
preferable  to  the  B'ritifK  conilitution,  even  in  its  pureft  and 
belt  principles?  But  fuppofmg  Mr.  Hume  to  have  been  ^ 
member  of  the   Society  of  the  Friends  of  the  Peuple,  what 

woulci" 


(   201   ) 

^ould  have  been  his  conduft  in  it  ?  "Would  he  have  faid  t© 
men   who  were   afiembled  to  renovate  conilitutionHl  rights    - 
only.  You  mull  give  up  the   conllitution  entirely  ;  it  is  de-      1 
fective  and  imperfeft  when  compared  to  the  oli'^^pring  of  my 
fancy  ;  it  is  this  lall  which  yoa  mini  adopt,  and  rejed  the 
former.       But   Mr.  Hume  would    have  held   forth  no  fuclv      j 
language  ;  he  would  have  faid  to  them, '  I'he  grievances  of 
which  you  complain  can  be  redreiled  by  the  energy  of  our 
ovv'n  conftitutioii  ;   the  redrefs  of  thefe  grievances  is  the  on- 
ly object  of  your  aiTociation.      If  then  reformation  is  your 
.objecfj    and   not    revolution,  however   much   you  may  ap- 
prove of  ray  fpecuUtive  fydem,  it   niuil  not   operate  upon 
you  for  a  moment  in  practice.' 

It  was  upon  this  p- inciple  that  I  refufed  to  recommend 
rhe  Works  of  Mr.  Paine  ;  that  I  faid,  that  they  were  foreign 
to  the  purpofe,  and  mi^^ht  miilead  weak  minds.  But  was 
it  ever'  before  held  crinimal  in  an  auth  t,  to  publiih  what 
fpeculative  fyftems  of  government  he  pleafed,  provided  he 
confined  himfelf  in  the  retirement  of  fpeculation,  and  did. 
nor  advance  forth  to  the  iield  of  action  ?  Was  it  a  crimiC  of  / 
Plr>!-o,  rnder  the  Athenian  repubiic,  to  compofe  his  beau- A* 
liul  (vitem,  of  one  more  oerkci  ?  Was  it  high  treafonia -xv^J 
_Cic^!:io,  under  the  Roman  Commonwealth,  to  write  thoie 
applauded  works,  which  have  been  loil  in  the  darknels 
of  the  Gothic  night,  and  of  which,  a  few  fragments  could 
be  founa  only,  when  the  morriing  of  letters  began  to  dawn 
upon  Europv  ?  V/as  Sir  Thomas  More  led  forth  to  tlie  fcaf- 
fo''d  for  compoiing  his  Utopia,  Harrington  profcnbed  for 
bis  Oceana,  or  Hume  exiJedfor  his  Commonwealth  ?  Thefe 
authors  indulged  themfelves  in  a  liberty,  which,  if  we  now 
are  to  be  deprived  of,  v/e  muft  be  left  hopekf;,  and  in  dif- 
pair,  as  the  attempt  at  amendment  and  refotmation  will  be 
for  ever  precluded. 

Upon  the  principle  which  I  have  explained,  I  ihould 
have  thought  it  equally^  if  not  more  dangerous  and  inex- 
pedient, to  have  recommended  in  a  Society  of  ihe  Friends 
of  the  People,  Plato's  Republic,  or  Hume's  Commonweakh. 
Inexpedient  !  becaufe  thefe  writings  might  have  had  a  ten- 
HeDcy  to  lead  thefe  focieties  from  their  conftitutional  object; 
dangerous '  becaufe,  if  prefented  to  v/eak  underftandings, 

and 


C       103       ) 

?:nd  to  fervid  iroaguiations,  they  might  have  inSaenced  theni 
to  depart  from  thofe  ends,  u'hich,  by  cairn nefsj  perfeverance, 
and  legal  nieafures,  they  were  fure  at  lall  to  accomplifli,  iii 
parfuit  of  chimeras,  brilliant  but  deluiive,  alvvays  feeming- 
iy  approaching,  but  always  In  reality  flying  farther  away. 

Gentlemen,  1  conciude  my  obfervations  upon  the  fub^ 
jeci  of  JXir.  Paine's  Works.  You  will  remember  it  was  on- 
ly a  fingle  copy  which  I  lent ;  the  circumftances  attending 
it,  which,  admitting  the  book  to  be  as  feditious  and  as  trea- 
fon:ib!e  as  can  be  iniaginedj  precluded  the  idea  of  a  felo- 
nious circulation.  You  are  the  firfl  Jury  in  Scotland, 
before  whom  Mr.  Paine  was  either  diieftly  or  indiredlly 
brought  ;  I  truft,  that  you  will  ad  in  fuch  a  manner  as  to 
do  honour  to  yoarfelvesj  in  doing  jaftice  to  him  and  to 
me  ;  that  you  will  not  attempt  to  annihilate  political  I'cience, 
by  condemning  a  woric  in  its  nature  purely  fpeculative  ; 
that,  in  (his  country  where  our  chief  gJcry  has  arifen  rrom 
literature,  you  will  not  limit  her  refearchess  but  indulge 
her  in  her  unbounded  flight,  into  every  region  where 
the  materials  of  human  happinefs  and  human  improvement 
can  bus  colletfled.  Above  all  I  entreat  you,  that  you  would 
not  fet  the  dangerous  precedent  of  condemning  a  book, 
ior  fentences  detached  f^rom  the  whole,  when  you  do  not 
coniider  the  general  tenor  and  fcope.  I  tell  you  that  if 
3/0U  do  not  carry  away  this  book  from  your  table  to  your 
chanVoer,  read  every  line,  and  compare  the  whole  in  con- 
nection, you  do  me  moil:  flagrant  ir.juflice.  finally,  I  mult 
tell  you,  that  you  are  not  bound  by  what  any  Jury  has 
done  in  England— you  are  bound  by  the  Law  of  Scotland  \ 
and  this  is  the  firfl:  trial  of  the  kind  v/hich  ever  occurred 
here  :-— Even  the  decinons  ill  England  have  loft  the  ref- 
v.zQi  due  to  them,  although  they  were  to  be  held  out  as 
precedents.  "We  have  feen  Juries  one  day  condemning  the 
author  and  the  publifhers,  and  upon  the  fucceeding  day  we 
have  heard  other  Juries  pronounce  a  verdidt  of  acquittal. 

The  next  v/itnefs  is  Anne  Fifher,  a  late  fervant  in  my 
father's  houfe.  Ker  evidence  come.-s  forward  to  you  with 
peculiar  dillin£tion  ;  careiTed  by  the  Profecutor,  and  , com- 
plimented by  the  Court  ; — her  wonderful  accuracy  extol- 
led, and  her  abilities  admired.  I  will  foon  iTievv  you,  Gen- 
tlemen, 


(    ic^: 


tkriien,  ihat  fne  has  but  few  pretenfions  to  that  accm'aqyj 
cf  which  the  Lord  Advocate  ipoke  m  fuch  terras  ; — that  her 
memory  poffefles  a  fingular  quality,  retentive  to  whatever 
may  miiitrite  lu^ainft  me,  but  hefkating  and  confufed  to 
whatever  may  feem^  in  my  favour  V/hac  this  domeftic 
and  wci!  inftruded  fpy  has  given  in  evidence  againft  me, 
fills  my  mind  with  little  concern  ;  on  ihe  contrary  it  af- 
fords me  much  fatisfaclion  to  find  that  when  I  was  fur- 
rounded  in  the  place  where  I  expected  moil  fecurity,— - 
where  all  fufpicion  was  lulled  ailcep,  my  condu£t  was  fo 

guarded. What  do  I  fay  ?— Guarded  I  Innocence  has  no 

need  to  be  on  the  watch. 

My  condudl  has  been  fuch,  as  even  malice  itfelf  cannot 
condemn.  But  before  I  proceed  to  read  her  evidence  from 
miy  notes,  let  me  folemnly  caution  you  againil  the  danger- 
ous  precedent  of  giving  credibility  to  witnelTes  of  this 
kind,  under  accufations  of  this  nature.  The  crime  of  fe- 
dition,  if  you  attend  to  its  eiTence,  never  can  be  committed 
within  the  walls  of  a  private  houfe.  It  fuppofcs  the  high- 
eft  publicity,  the  convocation  of  many.  Bat  if  power  ihail 
fay,  that  words  fpoken  in  an  unguarded  moment  withia 
the  facred  walls  of  a  family,  amount  to  this  crime.  What 
will  follow  ?  Not  thofe  with  whom  you  may  have  aded  iu 
your  political  life,  and  who,  with  the  impreffion  of  the 
oath  of  God  upon  them,  can  belt  tell  the  truth  ;  not  tbofe 
whom  you  may  have  admitted  to  your  friend  (hip,  and  to 
your  confidence,  and  who  befi:  know  the  fecrets  of  your 
foul  ;  but  the  meanefl  of  your  domePcics,  who  could  hardly 
approach  your  prefence  even  in  their  menial  duties,  who, 
(if  the  exprelTion  may  be  ufed)  to  the  members  of  a  fami- 
ly are  almoft  unknown  ;— Thefe  !  Thefe  !  The  meanefl:  and 
the  lowefl — will  be  brought  forward  to  fwear  away  your 
property,  your  reputation,  and  your  life  :  And  fuch  is  this 
witnefs,  who  is  adduced  againft  me  with  fuch  parade.-  O  ! 
Beware  how  ye  fanQ:ify  the  fliameful  proceeding.  It  is  not 
me  you  wound  alone,  but  you  deftroy  the  confidence  which 
fuMifts  between  man  and  man  ;  you  lead,  by  your  own 
:.ands,  to  the  fire-lides  cf  your  children  and  your  dearefl  rcla- 
uons,  the  fiends  of  fufpicion  and  of  danger  ;  and  ye  forever^ 

put 


C    104   ) 

J5ut  att  end  to  that  reciprocity  of  communication,  whicli  enli= 
tens  and  endears  domeflic  focietv. 

Now  let  us  hear  what  this  vvi.;nefs  has  to  fay?  I  will 
read  you  from  my  notes,  her  evidence.  If  I  iiare  erred 
in  taking  it  down,  you  will  pleafe  correct  me. 

rHere  Mr,  Muir  read  from  his  notes  ^^  the  evidence  of  Anne 
Fijher-l 

The  tellimony  of  tins'  witnels  feems  to  relate  to  two  of  the 
principal  charges  in  the  iDdi£i:meiit  5  the  firft,  to  my  ha- 
ving made  fpeeches  in  public  focieties,  vilifying  the  King 
snd  conftiturion.  The  fecond,  to  my  having  diilri^buted  and 
recommended  feditious  books,  'vh:.  Mr.  Faine,  the  Patriot, 
the  Paiiley  Decl'jration,  and  the  Dialogue  between  the  Go- 
vernors and  the  Governed,  Under  thefe  two  diiTerent  arti- 
cles, let  us  examine  the  teftimonj  of  this  wifnefs.  FirJ}, 
To  my  making  feditious  fpeeches  ;  Secondly,  To  my  Gircu= 
latlng  feditious  books. 

Everv  thing  which  the  Profecutor  could  adduce  againft 
me,  he  has  told  you  that  he  would  adduce  under  the  gene- 
rality of  'the  term  Sedition,  even  although  it  fhould  nnt  be 
fpecined  in  the  libel.  The  Court  likewife  has  permitted  hini 
fo  to  do  ;  and  in  the  cafe  of  this  witnefs,  you  can  fee  an  ex- 
emplary iiludration  of  this  right,  if  it  can  be  fo  called.  Ac- 
cufed  of  making  feditious  harangues  in  public,  this  wretch- 
ed girl  is  adduced  to  fwear  to  what  fhe  fays,  llie  may  have 
heard  in  private,  when  inftrufted  to  take  her  watch,  lire 
flood  and  marked  to  deltrudion  thofe  who  fed  her. 

And  what  is  the  dreadful  language  Are  has  heard  me  ufe 
in  my  ungu-arded  moments.  I  will  repeat  all  that  flie  fays^ 
I  will  recall  to  your  remembrance  her  exprefs  words,  and 
upon  them  I  will  make  no  comment.  "  That  if  every  body 
"  had  a  vote,  I  would  be  made  m.ember  for  Calder  ; — that 
*'  members  of  Parliament  would  have  thirty  or  forty  fliillings 
'*=  a-day,  and  that,  in  that  cafe,  there  would  be  none  but  ho- 
"  nefl;  men  to  keep  the  conlUtution  clear."  You  remem- 
ber how  the  Public  Profecutor  enhn-ged  antl  expatiated  up- 
on thefe  words  of  this  witnefs.  Now,  after  labouring  (o 
long  in  vain,  he  fancied,  he  had  got  fomethlng  againil  me. 
I  fmiled  at  the  indecency  of  his  exultation  ;  but  next 
uioment   I   blulhcd   when  I  refiedcd   he   was   a  lawyer, 

and 


r   105   ) 

and  chief  Council  In  Scotbnd  for  the  CroMin.  Here  faid 
the  Profecutor,  "  you  fee  the  cloven  foot. — You  fee  French, 
principles  manifefted.  Here  you  difcover  the  whole  tindure 
of  his  foul.  Members  of  Parliament  to  have  thirty  or  for- 
ty (hillings  a-day  for  their  attendance— to  be  honeft  men  and, 
to  keep  the  conftitution  clear  !  Is  not  this  evidence,  that  he 
means  to  introduce  in  phce  of  our  Houfe  of  Commons  a  Na<«. 
tional  Convention,  on  French  principles,  and  according  to 
French  forms  " 

Sorry  am  I  ro  record  the  ignorance  of  this  Lord  Advo^ 
cate  of  Scotland.     Is  there  a  man  v/ho  has   hardly  opened 
the  volume  of  the  hiflory  of  our  conftitution,  who  does  not 
know,  that  until  a  very  late  period   indeed,  when  corrup.^ 
tion  glided  in,  and  tainted  and  poifoned  the  whole,  niem-. 
bers  of  Parliament  received  their  wages  from  the  hands 
of  the  people  alone :  O  !  how  I  fpeak  it  with  joy  when  I 
view  the  pail: ;  with  forrow,  when  I  contemplate  the  prefent^ 
they  would  have  fcorned  to  have  received  the   price   of 
their  attendance  from  any  other  hands,  than  from  the  hands 
of  the  people.     Tbeo  the  conftitution  pciTeffcd   ail  its  e- 
nergies.     Then  toward  the  conftitution  in  the  Itrength  o'c 
age,  but  with  the  bloom  of  youth.     The  people  delegated 
none,  but  men   whofe    virtues   the)'^  knew,  and  none  but 
men  who  poifefled  public  virtues  could  be  found  to  under* 
take  the  important  million.     Look  back  I  entreat  you  to  all 
the  great  and  good  men  whom  Englifli  Hiftory  records. 
Turn  your  eyes  to  the  Flampdens,  to  the  Sidney s^  to  the 
Marviiie's  of  former  times  ;  to  thofe  men  vi?hom—- — — but 
I  ftop;  they  received  their  wages  diredlly  from  the  people. 
Let  the  Lord  Advocate  pronounce  their  eulogium  by   his 
invedive.     If  what  I  have  find  be  fedition,  when  over- 
heard  by  that  fpy  Fifher,  I  fhall  next  moment  render  ray- 
feif  infinitely  more  criminal ;  for  I  declare  to  youj  that  we 
never  can  exped:  a  virtuous  Houfe  of  Commons  a  Ccnfiitu-^ 
tional  Houfe  of  Commons,  a  Houfe  of  Commons,  fuch  as  it 
once  was,  connected  with  no  other  intercft  than  the  intereil 
of  the  people  ;  until  fuch  time  as  its  members  iliali  receive 
a  compenfation  for  their  attendance  from  the  people  and  from 
no  other  quarter,  be  entitled  to  no  other  reward  than  the 
approbation  of  their  own   minds^j  and   the  applauits  o£ 

Q  their 


C   «c6   > 

their  fellow-citizens,  of  whofe  rights,  and  of  wbofe  liberties^ 
they  have  been  the  undaunted,  uncorrupted  defenders. 

Fiflier  proceeds  to  ftace,  that  fhe  has  heard  me  faj,  That 
France  was  the  mod  flourifning  nation  in  the  world,  as  they 
had  abolifhed  tyranny,  and  got  a  free  p^overnment  ;  And  that, 
further,  fhe  has  heard  me  fay,  that  the  Gonftirution  of  this 
country  was  very  good  ;  but  that  many  abufes  had  crept  in^ 
which  required  a  thorough  Reform. 

Gentlemen,  even  in  my  mod  unguarded  hours,  this  do- 
meftic  fpy  cannot,  by  her  evidence,  fupport  a  tittle  of  the 
indidment,  where  it  charges  me  with  vilifying  the  King  and 
Conftitution, 

Of  her  idle  flory  of  what  I  faid  concerning  Courts  of 
Jufticcj  that  they  need  a  reform,  and  that  this  Court  in 
particular  got  their  money  for  nothing,  but  pronouncing 
fentence  of  death  upon  poor  creatures ;  and  that  their  parade 
in  coming  into  Glafgovv  was  ufelefs,  I  dildain  to  take  no- 
tice. Only,  you  will  difcover  her  exquiiite  art.  This  day, 
i  am  tried  before  this  very  Court,  and  fhe  fuppofes,  that, 
by  inventing  and  throwing  in  a  circuraflance  of  this  kind, 
in  order  to  irritate  the  judges  againll  me,  fhe  will  more 
completely  execute  the  wretched  job  fhe  has  undertaken  to 
perform.  Were  there  not  more  fervants  ia  the  houfe,  Vi'ho 
had  infinitely  better  opportunities  to  hear  my  converfation  ; 
and  muft  fhe,  the  lov/eft  of  them  all,  with  whom  fhe  can- 
not pretend  I  had  ever  two  minutes  converfation,  be  fingled 
out,  raid  pitched  upon  for  this  drudgery  ? 

This  Vv'itneis  depones,  that  fhe  heard  me  faj,  a  republi- 
can form,  of  government  v.^as  the  beft,  but  a  monarchical 
form  of  government,  under  proper  reflri6lions,  would  be 
the  befl:  in  this  country.  With  ail  her  art,  and  with  all  her 
memory,  fhe  cannot  depone  to  a  fmgle  circumflance  which 
can  ftiike  againft  me.  Even  from  her  own  account  of  mj 
private  converfation,  it  appears,  that  when  I  fpoke  of  re- 
publican forms  of  government,  it  was  purely  in  the  abftradf, 
without  any  alluiion  to  this  country,  without  exprelTmg 
uny  willr  to  fee  any  particular  mode  of  them  introduced  ; 
and  that  when  1  fpoke  of  this  country,  Tnever  deviated  from 
the  conffitution,  but  faid  that  a  limited  monarchy,  under 
Xeftridioasj  v;as  the  befl  adapted  to  its  intereft. 

Th0. 


(     lo;     ) 

The  next  article  of  fedltion  to  which  (he  depones,  is  o£- 
the  molt  extraordinary  kind,  that  I  had  fent  her  to  employ 
an  organift  on  the  llreets  of  Glafgow,  to  play  the  French 
tuuQ  ot  Ca  Ira.  What!  was  a  tune,  unintelhgible  to  the 
multitude,  to  light  up  the  flames  of  civil  difcord,  and  to  be 
the  forerunner  of  the  revolution  ?  Have  you  read  the  words 
of  that  popular  fong  ?  Gould  you  difcover  a  iingle  allufion 
in  them  to  the  ftate  of  England  ?  But  fuppofing  you  did, 
there  is  a  prcfuraption  from  your  ftation  in  life,  that  you 
are  acquainted  with  the  French  language  ;  but  is  it  fo  with 
the  mulrirude  of  our  weavers  in  that  quarter  of  the  coun- 
try ?  Britain  has  always  cheriilied  freedom,  and  fliall  it  be 
deemed  criminal  in  me  to  lilien  to  the  efFufions  of  joy, 
poured  out  by  a  neighbouring  people,  on  obtaining  that  iirft 
of  human  bleiiings,  "which  always  conftituted  our  peculiar 
diitindion  ?  But  I  know  it  well.  The  word  Freedotn  is  foon 
to  be  profcribed  from  our  language  ;  it  carries  alarm  and 
fedition  in  the  found.  If  I  had  caufed  to  be  recited  one  of 
thofe  noble  chorufes  of  the  Grecian  drama,  in  which,  with 
the  enthuiiafm  of  liberty,  the  glories  of  the  Republics  of 
Athens  or  of  Sparta  were  difplayed,  in  language  more  than 
mortal,  my  offence  would  have  been  deemed  the  fame  with 
that  of  amufmg  myfilf,  by  hearing  the  national  fong  of 
France:  If  it  had  been  pofiible  for  me  to  have  caufed  tD 
be  fung,  upon  the  Streets  of  Glafgow,  one  of  the  Pfalms  of 
the  Hebrews,  in  the  original  language,  in  \^hich  the  tri- 
umphs of  the  people  and  the  deilruftion  of  tyrants  are  re- 
corded in  a  drain  of  the  higheft  poetical  inipiration,  the 
criminality  Vv^ouid  have  been  the  fame  with  that  of  liitenin^ 
to  ca  ira, 
I  Let  me  abandon  the  fabjed.  My  political  career  has 
I  neither  been  obfcure  nor  inglorious.  It  has  undergone  the 
feverell  fcrutiny  which  ever  fell  to  the  lot  of  man  ;  and  af- 
ter every  engine  has  been  employed,  aicer  heaven  and  earth 
have  been  moved,  the  tremendous  charge"©?  fedition  is  to 
be  fupported  by  the  teif  imonies  of  doinefliQ  fpies,  {wearing, 
not  to  my  ferious  occupation,  but  to  tat  amufement  of  an 
idle  hour,  in  liftening  to  a  foreign  tune. 

Let  us  nexc^attend  to  the  evidence  of  Fiilier,  as  far  as  it 
relates  to  feditious  publications.      She  fwears  that  I  uitd 

'    0    2  t© 


(     loS     )  • 

to  recommend  to  a  great  many  country  people  who  came  tm 
ray  father's  ihop  to  purchafe  and  to  read  the  works  of  Mr. 
Paine,  as  they  corapofed  a  very  good  bookr  How  can  you 
believe  the  general  averment  ?  In  the  number  of  country 
people,  fhe  can  only  fpecify  one  ;  John  Barclay,  and  when 
you  come  to  his  evidence,  you  will  fee  that  he  gives  her  the 
patted  contradiclion.  She  depones,  that  llie  has  bought,  at 
two  different  times,  for  my  uncle  Alexander  Muir,  at  my 
defire,  a  copy  of  the  lirft  part,  and  a  copy  of  the  fccond  part 
of  the  Rights  of  Man.  Can  you  fuppofe,  that  if  my  in- 
tentions had  been  felonious,  I  would  have  introduced  fuch 
writings  into  my  own  family  ?  Can  you  imagine  that  I  could 
have  wiihed  to  involve,  in  the  conflagration  of  my  country, 
mj  neareil  relations  to  whofe  property  I  may  eventually  fuc» 
ceed  ?  Why  is  not  Ale:!:ander  Muir  brought  forward  as  a  wit- 
sefs  ?  Certain  it  is,  that  he  was  clofely  interrogated,  before 
the  inquifition  held  by  Mr,  Sheriff  Honeyman.  But  the 
Lord  Advocate  fays,  that  his  feelings  would  not  permit  him 
to  examine  the  uncle  againft  the  nephew.  Wonderful  huma- 
siiry  !  Goodnefs  ever  to  be  remembered  and  extolled  !  But 
did  not  you,  Sir^  a.dvife  and  dired  the  whole  proceedings  a- 
gainft  me  ^  &Rd  will  you  have  the  effiontery  to  maintain  tha£ 
Alexander  Muir  was  not  dragged  like  a  felon  from  his  own 
home,  by  the  myrmidons  of  power,  carried  before  your 
friend  Honeyman,  and  that  every  art  was  employed  to  wring 
from  him  every  domePiic  fecret  ? 

.  Speak  then  ro  us  of  your  humanity-— continue  to  fpeak  to 
iis  of  your  feelings  I 

Fifner  next  depones,  that  I  much  preiTed  John  Muir  to 
purchafe  Paine's  works,  that  he  was  prevailed  upon,  and 
that  fne  was  fcnt  accordingly  to  rurchafe  them.  Now  you 
■will  hear  the  evidence  of  this  man,  immediately  in  exprefs 
contradiction  to  this  witnefs.  She  next  tells  you,  that  1  ad- 
vifed  another  dcmeftic,  Wiifcn  my  hair  drefler,  to  purchafe 
Pains's  works- and  keep  them  in  his  (hop,  in  order  to  en- 
lighten the  people,  and  you  will  hear  Wilfon  immediately 
cxprefs  himieif  far  othervvife.  She  fpeaks  of  carrying  fome 
paper,  which  (lie  thinks  was  a  Declaration  of  Rights,  to  a 
i'rinting  Office  to  be  corrected.  Every  thing  in  her  evi- 
dence is  made  to  tally  with  the  indidment  j  '1  am  accufed 

c; 


<    129    ) 

©f  circulating  a  paper,  entitled  a  Declaration  of  Rights  by 
the  Friends  of  Reform  in  Paifler.  And  this  refpedable  per- 
fonage  !  fo  highly  complimented  by  the  Court,  niufl  like- 
wife  fwear  fomething  concerning  this.  Yet  her  tenacious 
memory  utterly  Tails  her.  She  thinks  ilie  can  only  remem- 
ber what  the  title  was,  but  nothing  more.  She  knows  no? 
thing  of  the  fubilance  of  the  writing,  but  her  evidence  is  to 
give  a  colour  to  the  ailegation  of  my  having  circulated  that 
paper  from  Paiiley  ;  and  to  furnilh  ground  for  inlinuating, 
that — I  myfelf  was  the  author  of  it. 

Gentlemen,  the  witnefs  next  fwears  to  a  fafb  which  muH: 
roufe,  as  having  domeftics  yourfeives,  your  keeneft  indig- 
nation. Vigilant  has  this  family  fpy  been  in  the  courfe  of 
her  duty.  She  tells  you  what  books  fhe  has  feen  lying  up- 
on my  table.  Not  contented  with  defcribing  the  title  of 
the  books,  fhe  mufi:  go  more  deeply ;  and  fhe  informs  you 
that  file  favv,  in  my  houfe,  a  copy  of  Paine's  writings  upon 
Jlne  paper  J  and  one  or  two  copies  upon  coarfe  !  Gentlemen, 
from  this  moment,  lock  up  your  libraries.  If  they  are  ex- 
teniive,  as  you  have  heard  mine  is,  there  is  no  crim.e  in  the 
whole  catalogue,  of  \7hich,  by  the  teflimony  of  your  own 
fervants,  you  may  not  be  found  guilty.  The  polfeffion  of 
Plato,  of  Harrington,  or  of  Hume,  will  mark  you  down  for 
republicans.  The  misfortune  of  having  the  Alcoran  of  Ma- 
homet, will  carde  the  fnipwreck  of  yxiur  faith,  and  iligma- 
tize  you  as  the  difciples  of  the  conqueror  of  Mecca.  Well 
do  I  congratulate  the  Lord  Advocate  of  Scotland. — He  has 
difcovered  a  new  region  in  the  fphere  of  criminality.— He 
will  not  merely  confine  himfelf  to  a  voya:Te  of  difcovery  ; 
But,  along  with  his  aiTociates,  he  will  make  many  voyages 
to  this  fertile  land,  and  return  home,  loaded  with  many  va- 
luable cargoes.  But  ferioufnefs  becomes  this  place.  Can 
it  be  believed,  that  in  the  ciofe  of  the  eighteenth  century^ 
that  this  night  the  fervants  of  a  man  iliould  be  examined 
concerning  what  particular  books  he  may  have  had  in  his 
houfe ;  and  that  the  proof  of  the  poiTeilion  of  particular 
books  may  ruin  his  reputation  ;  fweep  away  his  property  ; 
and  deprive  him  of  his  life  I 

Let  us  proceed  with  this  witnefs.      If  you   poiTefs  the 
•fommon  feelings  of  nienj  every  fentiment  of  indignation 

mult 


(T    "o    ) 

mufl  be  excited,  not  againfl  her— -ihe  is  to  be  pitied— -her 
tafK  has  been  a  dreadful  one  ;— -but  againil  the  manner 
in  which  the  crime  of  fedition  has  been  attempted  to  be 
proved. 

The  libel  charges  me  with  felonioully  circulating  a  Dia- 
logue betwixt  the  Governors  and  the  Governed,  extraded 
from  the  ruins  of  Volney.  This  dialogue  is  narrated  in  the 
indidment,  and  it  is  charged  to  be  felonious  and  feditious. 
There  is  not  a  word  in  this  dialogue  which  is  not  true.  A- 
las!  in  colours  but  too  faithful,  it  delineates  the  mournful 
hiftory  of  fix  thouAmd  years  ;— -the  crimes  of  defpots,  and 
the  artifices  of  impoftors,  to  fubjugate,  and  to  blind  the  peo- 
ple. It  is  purely  abftraded.  It  is  entirely  fpccularive.  Tq 
no  particular  nation,  much  lefs  to  England,  does  it  allude  ; 
if  to  any,  it  mull  be  to  France,  under  the  ancient  fyftem. 
Yer,  this  dialogue  is  libelled  as  feditious  and  inflammatory. 
The  truth  is,  the  crime  of  fedition  mufi  be  brought  home 
againfl  me  ;  and  the  poiTeilion  of  any  book,  as  well  as  that 
of  Volney,  mutt  be  employed  to  fubdantiate  it  Let  us 
liear  what  the  witnefs  fays  concerning  the  felonious  circula- 
tion. She  heard  mc  read  it  in  the.  prefence  of  my  mother, 
lifter,  and  fome  other  people  ;  that  I  faid  it  was  very  clever, 
and  done  by  Vehiewt  one  of  the  firft  wits  in  France.  Who 
were  thofe  other  people  who  were  in  company  with  my 
mother  and  fifier  when  I  read  it  .^  Her  accuracy,  fo  much 
extolled  by  the  Court,  totally  fails  her.  But  the  propaga- 
tion of  fedition  mud  noi:  be  tonfined  to  si  mother  and  a  lif- 
ter ;  it  muit  have  a  v/ider  range  ; — other  people  prefent !  and 
founding  upon  his  htlovcd  g-enerality,  the  piofecutor  has  rea- 
fon  to  argue,  there  might  ha\^e  been  a  full  company,  a  nu- 
merous meeting — nay, — m  immcnfe  congregation. 

You  have  heard  the  tefamony  of  Filher,  and  thefe  are 
the  arts  ;  and  of  this  clafs  are  the  witnelles  by  which  I  am 
to  fall.  By  receiving  fuch  leliimony,  you  forever  dellroy 
domciiic  fociety  ;  you  bialt  the  bloiroma  of  family  confidence; 
you  tender  ALL  fufpicious  of  ALL  ;  each  relation,  to  bc'iold 
in  each,  a  deadly  foe. — And  is  it  not  fudicient  to  weep  over 
public  calamities,  that  wide  fpreading  defolation  which,  at 
prefeni^  pafles  over  the  nations  ;  but  when  v/e  retire  to  our 
own  homes,  we  mull  be  c bilged  to  confine  ourlelvcs  in  a  dif~ 

mui 


C   m    ) 

mal  fulitude,  guarded  by  fufpicion  anti  by  danger,  where  no 
kindred  affeciions  can  enter,  and  where  no  reciprocal  confo- 
lation  can  be  admitted. 

I  haften  over  the  evidence  of  tlie  remaining  witnefTes  a- 
gainft  me.  I  am  overcome  by  the  exertions  of  this  day  ;  and 
you  mull  be  greatly  eAhauftcd, 

The  next  is  the  evidence  of  Thomas  Wilfon,  my  hair- 
dr'fiTer,  and  he  is  brought  to  bring  up  the  rear  of  Fiflier's 
teflimony.  He  depones,  That  I  aiked  him  if  he  had  bought 
-Paine's  Works,  and  that  I  advifed  him  to  get  a  copy  of 
them,  as  a  barber's  fnop  v/as  a  good  place  to  read  in.  Does 
.this  confirm  the  teiliniony  of  Fiflier,  who  fays,  I  defired 
him  to  buy  that  Work,  and  to  keep  it  in  his  Ihop,  in  order 
to  enlighten  the  people,  Mark*  the  art  of  Fifher,  Ho\¥ 
ilrongiy  ilie  paints  what  might  feem  to  ilrike  againft  me.— 
To  enlighten  the  people  I  But  does  Wilfon  concur  in  this  ? 
Ko.— Wilfon!— -the  perfon  who  fhouid  have  beft  remem- 
bered— the  perfon  to  whom  the  words  were  addreifed. 

Wihon  tells  you,  that  he  bought  a  copy  of  the  Addrefs 
to  the  AddrelTers ;  but  that  v/as  not  by  my  advice.  He 
even  recollects  the  kulty  of  converfation.  An  oM  man,  frora 
-  the  country,  came  in  while  he  was  dreffing  me ;  he  remem- 
bers me  faying,  that  this  old  man  was  a  great  reformer.  If 
I  ever  faid  fo,  I  wiih  it  may  not  have  been  in  jeft,  but  in 
earneii: ;  and  that  the  fad,  with  regard  to  the  man,  was  true. 
For  I  know  of  none  who  iliould  be  greater  reformers,  of 
themfelves  and  of  others,  than  thofe  who  are  (landing  on  the 
brink  of  the  grave,  and  panting  upon  eternity.  But  I  am  afraid 
that  this  witnefs  remembers  only  a  piece  of  unmeaning  gai- 
ety.    For  he  adds,  the  old  man  faid  I  was  only  taunting  him. 

The  conclufion  of  the  evidence  of  Wilfon,  affords  mc 
high  confolation.  It  is  a  proof  of  the  innocency  of  my  pri- 
vate life,  in  moments  v»/hen  I  could  not  poffibly  think  of 
the  affeclation  of  integrity.  Fie  fwears,  that  he  has  always 
heard  me  fay,  that  1  vvould  maintain  the  Conftitution  ;  and 
that  I  v>'iihed  for  peace,  and  good  order,  and  good  morals  a- 
moDg  the  people ;  and  that  he  never  heard  me  fpeak  againft 
the  King,  .  • 

The  next  teilimony  is  that  of  John  Muir.  He  tells  yoii. 
that  he  had  a  converfation  with  me  ia  September  laft,  abcRit 
J  Maine's 


C   1^2   )     -  ,^ 

P-Aiiie's  bdok,  frt 'my  father's  houfe  5  that  he  aiked  the 
loan    of  it   from    ma  ;    that   I    told   him    1   had   it   not* 

Does  this  refembie  the  con  dud  of  a  man  accufed  of  di- 
ftributing  thefe  books  to  all  and  fiindry,  and  fcattering' 
tbena  over  every  portion  of  the  land?  He  fays,  I  mention- 
ed that  I  would  fend  a  fervant  who  would  get  it  for  him  5 
that  a  fervant  girl  accordingly  went  and  got  it.  Does  not 
this  completely  confute  the  teflimony  of  Fiflier,  who  affirms, 
that  I  much  preffed  this  man  to  buy  the  book  ?  and,  he  tells 
you,  that  he  hioifelf  aiked  the  loan  of  it. 

Is  no:  this  a  complete  contradidioii  of  her  teftimotiy  ? 

The  next  witnefs  is  John  Barclay.  That  old  and  ven€= 
yable  perfon,  whom  you  faw  adduced  as  a  witnefs  by  the 
Profecutor ;  arid  what  does  he  fay  in  his  teftimony  ?  That 
we  were  elders  in  the  fame  pariih  ;  the  pariih  of  Calder,  in 
which  the  lands  of  my  father  are  lituated.  He  informs  yois 
that  at  the  kfi  eleclion  of  a  minifter  for  that  pariih,  a  dif- 
pute  had  arifen,  concerning  the  right  of  ekaion,  and  that 
he  voted  upon  the  fame  fide  of  the  queftion  with  myfelf. 
This  introduced  acquaintance,  and  acquaintance  produced 
friendiliip.  The  Lord  Advocate,  in  fpeaking  of  this  vir- 
tUQQS  and  venerable  old  man,  exclaimed  with  infolent  con- 
tempt, Such  men  as  thefe  are  the  compamons,  and  fuch 
men  as  thefe  are  the  friends  of  Mr.  Muir !  Yes,  I  tell  the- 
Lord  Advocate,  i  tell  the  ariflocracy  of  Scotland,  I  glory 
more  in  the  friendtliip  of  fuch  an  old,  poor,  and  virtuous 
man,  than  in  the  friendibip  of  the  higbetl  titled  peer,  who 
derives  the  fources  of  his  guilty  grandeur  from  the  cala- 
mities of  the  people  ;  who  wrings  out  a  fplendid,  but  a 
miferable  revenue  from  their  forrow  and  diftrefs,  from 
their  tears,  and  from  their  blood,  which  he  fquanders  m 
diffipation,  to  the  ruin  of  private  virtue,  and  to  the  conta- 
mination of  public  morals. 

Let  us  fee  then  what  Mr,  Barclay  fays  againft  me.  That 
he  afked  my  opinion  concerning  Paine's  books ;  and  that  I 
told  him  he  might  purchafe  them  if  he  chofe,  as  they  were 
printed;  but  that  1  afterwards  faid,  it  was  not  a  book  for 
us.  Does  Mr.  Barclay's  evidence  fupport  the  crimmal 
charge  in  the  libel,  of  my  advifing  people  to  read  iediti-j 
©us  books,  and  of  my  circulating  chem  over  the  country  r 

"^  Does 


(  in   ) 

Does  not  Mr.  Barclav's  evidence  corroborate  the  tcflimony 
of  every  other  ^yit^.cis  ?  That  for  the  reafons  which  I  ful- 
ly explained,  I  never  recommended,  Mr.  Paine's  v/orks  ; 
but  that  even  when  that  work  excited  the  greatefi:  attention 
of  the  country  ;  when  mention  of  it  v/as  introduced  into 
every  company,  and  into  every  converfation,  I  uniformly 
expreffed  myleif,  that  it  was  not  a  book  for  our  purpofe.-— 
i^'or  our  purpofe,  who  were  engaged  in  the  caufe  of  a  Par- 
liamentary arjd  conftitutional  Reform  !  Is  there  a  iinglc 
witnefs  brought  forward  by  the  Profecutorj  who  has,  in 
the  fmalleft  degree,  dated  any  converiVition  of  mine  which, 
was  unconilitutional  ?  Hear  what  Mr.  Barclay  fays,  that  he 
was  frequently  with  Mr,  iVluir,  and  in  his  library,  from 
which  ht  borrowed  fome  books  ;  that  he  liaJ  many  conver- 
facions  with  him,  and  heard  him  fay,  that  the  confdtutioa 
of  this  country  was  an  excellent  one;  that  he  praifed  the 
King;  and  that  he  always  fpoke  of  order,  regularity,  and 
obedience  to  the  ruling  poueis.  In  fnort,  Gentlemen,  all 
and  each  of  the  witnefies  for  the  Frofecutor,  ufe  the  fame  u« 
niform  language,  atteft  that  neither  in  public  nor  in  pri- 
vate, ever  a  fingle  expreffion  dropped  from  me,  w^hich  the 
moil:  violent  ajfociator  could  conftrue  into  guilt. 

The  laft  witnefs  of  whom.  I  fhall  take  notice,  is  'William 
Muir  ;  the  perfon  whofe  religious  principles  at  firll:  indu- 
ced him  rather  to  fufFer,  according  to  the  elegant  expreffion 
of  the  Lord  Advocate,  ^/^;-;7,;?/imprifGnment  than  to  take  the 
oath,  until  his  fcruples  were  removed  by  the  Rev.  Mr.  Dunri, 
He  fwears,  that  in  ray  father's  houfe,  at  HuRterfliill,  I  gave 
him  eleven  numbers  of  the  Patriot,  and  a  copy  of  the  Poli- 
tical Progrefs.  From  thefe  numbers  of  the  Patriot  feveral 
palTagcs  are  quoted  in  the  indiftment.  Of  the  Political  Pro- 
grefs  there  is  no  mention  made  ;  and,  I  maintain,  that  eve- 
ry paffage  in  the  Patriot,  quoted  in  the  libel,  is  highly  con- 
ilitutional.  The  fentiments  advanced  in  them  may  not 
found  muiically  fweet  to  the  ears  of  cr.rruption.  They  call 
upon  you  to  arife  and  vindicate  the  purity  of  your  conifi- 
tution.  To  vindicate  your  long  loft  rights  ;  and,  if  my  fee- 
ble voice  could  extend  to  the  remoteit  corners  of  Scotland, 
I  fhouid  refound  the  fame  fentim^ent,  in  the  ilim.e  language. 
Thef(^  numbers  of  the  Patriot  freak  to  you  concerning  fep- 

P      '  tcnniai 


(     114     ) 

tennial  Pailiameiitj,  And,  I  fay  to  you,  that  the  a£l  which 
converted  triennial  Parliaments  into  feptennial,  violated 
our  holy  conftitution  ;  tore  the  chartar  of  our  national  li- 
berties, and  paved  the  way  for  the  inroads  of  a  frightful  de^- 
potifm. 

But  this  witnefs  concurs  with  all  the  preceding  wltnefles, 
with  regard  to  ray  conduct,  and  to  my  principles.  He 
fwears.  That  he  does  not  remember  to  haye  heard  me  fpeak 
againft  government ;  that  I  did  not  advife  unconilitutional 
meafures  ;  and  that  he  heard  me  tell,  how  Old  Sarum  w-as 
reprefented.  Old  Sarum  rcprefented  !  And,  do  not  the 
friends  of  the  Conilitution  weep  1  and  do  not  the  enemies 
of  the  Conftitution  fmile,  when  they  hear  of  fuch  reprefen*- 
tation. 

Before  I  fpeak  to  the  third  article  of  accufation,  the  read- - 
ing,  in  the  Convention,  the  Addrefs  of  the  Society  of  Unit- 
ed Irifhmen  of  Dublin,  permit  me  to  make  one  obfervation 
on  the  manner  in  which  the  Profecutor  fpoke  of  the  papers 
found  in  my  cuftody.  Do  they  correfpond  with  the  view 
which  he  reprcfented  of  them  ?  Are  they  the  documents  ofl 
corrcfpondence  with  foreign  or  internal  foes?  And,  fup-- 
poling  I  had  involved  myfelfin  a  corrcfpondence  of  that 
nature,  do  you  believe  1  could  be  fo  infatuated  as  to  retain, . 
in  my  poflelEon,  that  which  mult  have  been  attended  with-,. 
to  me,  certain  deftrudion.  Among  my  papers,  there  is 
not  one  which  can  be  conftrued  into  guilt.  They  confift 
of  pamphlets  unconnected  with  the  politics  of  the  day  ; 
and  of  the  various  publications  of  a  fociety,  pure  and  un- 
tainted in  its  principles,  of  v^hich  I  have  the  honour  to  be 
a  member.  But  every  thing  mufl  be  ranfacked  to  heap  cr  - 
mination  upon  my  head.  One  of  the  letters  which  I  hd 
undertaken  to  deliver  in  Scotland,  is  addrelfed  to  the  Re- 
verend Fifche  Palmer.  Mark  I  cries  the  Lord  Advocate,  the 
company  which  this  man  keeps. — Who  is  Mr  Palmer? — A 
perfon  whom  i  have  indicled  for  fedition,  and  who  is  to  be 
tried  in  a  few  days  at  Perth  1 — Unheard  of  cruelty  1 — Un- 
exampled infoiencc  I — What  I  Before  this  court,  this  jury, 
this  audience,  do  you  attempt  to  prejudicate  and  condemn 
Mr.  Palmer,  in  his  abfence,  undefended,  and  without  any 
poffibility  of  defending  hirafeif?    But,  exclaims  the  Lord 

Advocate, — 


(     1^5     ) 

Advocate,— The  feal  upon  the  letter  is  a  proof  of  the  mofi: 

atrocious  guilt.     What  is  it? — ^liorrible  to  tell  !     It  is   the 

Cap  of  Liberty,   fupported  upon  a  fpear,   with  the   words 

La  Ira  above.     All  is  conriftent.      Vvhen   you   attempt   to 

banilh    the  fubftance    of  freedom — the  fliadow   muft  fol- 

':  low  !     When  a  new  coinage  takes  place,  you  have  given  a 

j  moft  excellent  hint.      The  officers  of  the  mint,   will   profit 

1  by  the  ieffon,  and  they  will  no  more  fcacter  fedition  through 

\  the   land,   by  imprefling   upon  our  halfpennies  the  figure  of 

[  Brtiannia  with    a  fpear  in  her  handj    mounted    v^'-.th   the 

i  Cap  of  Liberty.     But  I  am  afhamed  to  enter  into  fuch  trifles. 

[  li:  that  letter  had  contained  proofs  of  fedition,  or  of  treafon 

1  againft  me,  Mr.  Palmer,  or  the  v/riier  of  it—the  feal — and 

!  the  fpear— and  the  Cap  of  Liberty,    would   have   been  Jts 

\  teeblefl  protection. 

Gentlemen,  I  now  come  to  the  laft  charge.     That  of  hav- 
!  ing  read,  in  the  Convention  of  Delegates,  the  Addrefs  from 
the  Society  of  United  Iriihmen  in  Dublin. 

I  admit  the  faft,  and  I  glory  in  the  admiiiion.     The  Pro- 
,  fecutor  has  reprefented  that  fociety,  as  a  gang  of  mean  and 
<  nefarious  confpirators  ;  and  their  diplom.a  of  my  admiffion 
;  into  their  number,  as  ai7  aggravation  of  my  crim.e.     Let  me 
,  tell  tb^  Lord  Advocate  of  Scotland,   thai  fociety  ftands  too 
h^gh   to   be   affected    by   his   inveclive,    or  to   require    the 
aid  of  mj  defence.     I  am  a  member  of  that  fociety  ;  and,  in 
the  lall  moments  of  my  life,   to  have  been  fo,   Ihall   be  my 
honour  and  my  pride.     The  Lord  Advocate  has  reprefent- 
ed to  you,  in  general   terms,   that  this  addrefs  amounts  al- 
rnoH:  to  treafon  ;   but  he  durfl  not  attempt  to  point   out,   in 
his  fpeech,  a  fingle  palTage  which  could  fupport  the  afper- 
lion.      I   maintain  that  every  line  of  that  addrefs  is  (Iricily 
conftitutional.     You  mult  carry  the  whole  of  it  along  with 
you/into  your  chamber,   and  not  judge  of  pailages  fcanda- 
iouHy  mutilated  in  the  indidment.     The  mutilation  of  the 
very  firll  paragraph   of  the  addrefs,  is  a  proof  of  the  fair- 
ncfs,  and  of  the  ingenuity  of  the  Profecutor.     I  beg  leave 
to  read  how  it  Hands  in  the  indictment,   and   then   to  read 
what  follows  in  the  addrefs  itfelf : 

"  We  take  the  liberty  of  addreffing  you   in  the  fpirit  of 
"  civic  union,  in  the  fellowiliip  of  a  juft  and  common  caufe. 

''  Ws 


(     "S    ) 

**  We  greatly  rejoice  that  the  Ipirit  of  freedom  moves  over 
''  the  furface  of  Scotland  ;  that  light  feems  to  break  from 
^'  the  chaos  of  her  internal  government ;  and  that  a  country 
*'  fo  refpedtabie  for  her  attainmetits  in  fcience,  in  arts,  and 
*'  in  arms  ;  for  men  of  literary  eminence  ;  for  the  intelli^ 
*'  gence  and  morality  of  her  people,  now  ads  from  a  con- 
viction of  the  union  between  virtue,  letters,  and  liberty; 
and,  now  rifes  to  difiindtion,  not  by  a  calm,  contented, 
'^^  fecret  wifJi  for  a  Reform  in  Parliament,  but  by  open!-, 
^'  adively,  and  urgently  'willing  it,  with  the  unity  and  e- 
*'  nergy  of  an  embodied  nation.  We  rejoice  that  you  do 
*'  not  coniider  yourfelves  as  merged  and  melted  down  into 
*'  another  country,  but  that  in  this  gieat  national  queilion, 
^'  you  are  fliil— -Scotland.     \_§ee  Appeiidix.'] 

This  is  the   firft  paragraph  libelled  on.       But,   even   as 
it  is  ill  fhe  indiclmenr.      It  is  not  permitted  to  the  United 
Iriilim.cn   in   Dublin,    to  congratulate  this  unfortunate  peo- 
ple   upon   account    of  former    eminence    in    literature,    in 
arts,    ^nd  in  virtue  ;— and  to   exprefs   the  willi,   that   they 
■would  liili  retain  that  enviable   diflinftion  ?     And,   is   that 
lad  and  forlorn  period   now  arrived,    when   thofe   who   ex- 
preis  fuch  a  wilh^  mud:  be  called  nefarious  confpirators,  and 
he  who  has  been  the  organ  of  its  communication,  muft  be. 
branded  with  the  epichers  of,  a  "  wretch,*'  of  an  "oracle  of 
difcord,'^  of  "  a  fiend  of  feditioii  !"     The  children  of  your 
children,  in  after  ages,  will  not  forget  this  ever-to-be-remem-. 
bered   night.     But  here  let  us  flop.       I  have  faid  that  this 
indictment   mutilated   this   pailage,   as   it   does  every  other 
paiTage  in  this  Addrefs  ;    It  breaks  oft  the  paragraph  at  the 
words,  "  You  are  ftili  Scotland."     It  breaks  off  in  the  mid- 
dle of  afentence;  and  for  what  purpoie  ? — \.o   countenance 
an  iniinuation,  that  the  United  Irifnmen  in  Dublin  wifhed 
a  difTolution  of  the  Union    betwixt  Scotland  and  Enghmd. 
The  Profecutor  cuts  oil  rhe  remainder  of  the  fentence  which 
demonftrated  the  fcnfe,   in   which  the   United  Irifhmen  un- 
derllood  the  words   "  ftill  Scotland,*'  expreffing  folely  their 
idea   of  her  ftill   being   diftinguiflied    by   her   former   liif- 
trc.     The  words  which  are  feparated  from  the  fentence   are 
jn  the  addrefs  as  follows  :   "  That  you   are    ftill  Scotland — 
'*  the  land  wheie  iiuchanan  vvrote,   and   Fletcher  fpoke, 

'  '*  and 


(      517      ) 

"  and  Wallace  fought."  Yes,  I  give  my  foleinn  aflent  to 
this  wifii,  and  to  this  hope  of  the  United  Irifhmen,  My 
voice  diail  refourid,  Scotland  Hiall  ftill  be  the  land,  where 
Biicha  iuo  has  ^vritten,  where  Fletcher  fpoke,  and  where 
Wallace  fought. 

Leu  us  attend  to  the  miit'-Iation  of  another  paiTage,  in  this 
extraordinaiy  indidment.     I  fliall  read  it  as  it  itands  : — 

"  We  will  lay  open  to  you  our  hearts;  0\ir  caufe  is  your 
"  caufe — If  there  is  to  be  a  ilruc-oJe  between  us,  let  it  be 
*'  which  Nation  fnali  be  fjremofi  in  the  race  of  mind  ;  let 
*'  this  be  th-  noble  animolity  kindled  between  us,  who  fhali 
"  firif  attain  that  free  conftitution  from  which  both  are  equi- 
"  diftant,  who  fliall  firft  be  the  faviour  of  the  empire." 

"  The  fenfe  of  both  countries  with  refpsct  to  intole- 
*'  rable  abufes  of  the  conftitution  has  been  clearly  manifeft- 
"  ed  ;  and  proves  that  our  political  fituations  are  not  diffi- 
*'  railar ;  that  our  rights  and  wrongs  are  the  fame." 

The  pallage  libelled  upon  flops  at  the  words  "  rights  and 
wrongs  are  the  fame."  But  it  forbears  to  take  in  the  remain- 
der, in  which  the  fimilanty  of  our  rights  and  wrongs  is  fpe- 
ciSed.  The  felf-eleded  m.agiftrates  cf  Burghs — the  unequal 
rep'cfentation  of  the  People  in  Parliament — and  the  total 
privation,  in  Scotland,  of  the  fhadow  of  popular  Eleclion. 

Gentlemen,  I  will  read  over  many  paiTages  of  this  Ad- 
drefs,  not  merely  becauie  they  are  the  piodudion  of  an  im- 
mortal pen,  but  becaufe  every  word  is  regulated  by  the  fpi- 
rit  of  the  conftitution. 

[^Here  Mr.  Muir  read  mofi  of  the  Addrefs  ;  hut  uve  fithear 
to  infert  the  particiuar  paffages^  as  the  ijohole  is  in  the  Ap- 
pendix,^ 

Can  you  call  this  addrefs  feditious  or  inflammatory, 
which  contains  the  following  fenrimiCnt  ?  "  If  Government 
^'  has  a  fmccre  regard  for  the  fafety  of  the  conftitution,  let 
"  them  coincide  with  the  people  in  the  fpeedy  reform  of  its 
"  abufes,  and  not  by  an  obftinate  adherence  to  them,  drive 
*'  that  people  into  Republicanifm." 

Gentlemen,  the  Lord  Advocate  has  reprefented  the  au- 
thors of  this  addrefs,  as  the  meaneft  of  mankind,  and  has  ex- 
prefsly  called  them  infamous  wretches,  who  had  Hed  from 
the  punilfiment  due  to  their  crimes.     What  fianderl— -what 

fidie. 


(     ii8     ) 

falfe,  «nfcunded  llander  !— Has  Doaor  Drennan  ?  Hag 
Mr.  Hamilton  Rowan  ;  whofe  names  are  at  the  herd  of  this 
addrefs,  fled  from  crimes  and  from  punifhment  ?  "  And  they 
are  infamous  wretches  i^^  If  ever  after  ages  fhall  hear  of  my 
name,  I  wilTi  it  may  be  recorded,  that  to  thefe  men  I  had 
the  happiaefs  of  being  known.  To  be  honoured  by  the  no- 
tice of  Doaor  Drennan  is  an  ambition  to  which,  in  the  moft 
exalted  ftation  of  life,  I  would  fondly  afpiie.  To  have  it 
iaid,  that  I  was  the  friend  of  Mr.  Hamilton  Rowan,  I 
would  confider  as  the  paiTport  to  the  only  acquaintances 
whom  I  value ;  thofe  who  found  their  claim  to  diftindion 
upon  the  only  true  bafis,  their  own  virtues.  Mr.  Rowan 
is  indeed  indicted  to  fcand  trial  in  Ireland,  upon  a  charge 
fimilartomyown.  Mr.  Rowan  has  not  fled.  He  will  boldly 
meet  his  accufation  ;  and,  let  me  fay,  along  with  thofe  who 
know  him,  that,  although  it  is  impoffible  to  add  any  new 
luftre  to  his  character,  yet,  as  he  has  often  come  forward 
in  the  caufe  of  individual  humanity,  he  will  difplay  him- 
felf  upon  that  occafion,  the  firm,  the  intrepid,  and,  I  hope 
the  luccefsful  champion  of  the  liberties  of  his  native  coun- 
try. 

I  haflen  to  a  conclufion.  Much  yet  remains  to  fay.  But 
sfier,  upon  ray  part,  the  unremitted  exertions  of  fixteen 
hours,  I  feel  myfelf  nearly  exhauded. 

Look  once  more,  I  entreat  you,  to  the  indictment,  and 
compare  it  with  evidence. 

_  The  iirfl  charge  againft  me  is,  that  in  public  fpeeches,  I 
vilified  the  King  and  Conftitution.  All  the  witnclTes  addu- 
ced atteft,  that,  both  in  public  and  in  private,  even  in  my 
moft  unguarded  moments,  n:y  language  was  always  re- 
fpedfui  to  the  King,  and  that  I  always  recommended  the 
Conititution. 

The  fecond  charge  againft  me,  is,  that  of  advlfing  the 
])eople  to  read  fcditious  books,  and  of  dilbibuting  inflam- 
matory publications  among  them  :  And  you  hear  it  proved 
by  the  unanimous  voice  of  all  the  witnefl:es  for  the  Crown, 
that  I  rcluled  to  recommend  any  books,  and  that  the  only 
one  which  I  recommended,  was  Dr.  Henry's  Hiflory  of 
England.  You  v/ill  not  forget  the  circumflance  in  which 
I  lent  Freeland  a  copy  of  Mr.  Paine's  Works  j  nor  will  you 

forget 


(     1^9    ) 

forget  the  manner  ipx  which  the  wrJtinfTs  of  that  man  WeJ'g 
introduced  in  converfatioa  with  Wilion,  Muir,  and  with 
B:  relay.  With  regard  to  other  books  and  pamphlets 
mentioned  in  the  libel,  there  is  not  any  proof.  William 
Muir  has  deponed,  that  i  gave  him  one  or  two  numbers  of 
the  Patriot,  and  fome  other  pamphlets,  whole  titles  1  can- 
not remember.  William  Muir  is  but  a  fingle  witnefs  to 
this  fad:  ;  and  you  know  that,  by  the  laws  of  Scot- 
land, the  teftimony  of  a  iingle  witnefs  cannot  claim  any 
weight  ;  but  I  frankly  admit  and  acknowledge  that  I  gave 
him  thole  numibers  of  the  Patriot  and,  if  I  were  not  now 
entirely  overcome  by  fatigue,  I  could  demonftrate  to  you, 
that,  in  thofe  numbers,  there  is  not  a  fmgle  fentimcnt  un- 
conftitutional  or  feditious. 

I  am  accafed  of  reading  the  Irifh  Addrefs  in  the  Conven- 
tion, and  of  moving  a  folemn  anfwer  in  return.  That  ad- 
f  drefs  is  neither  feditious,  wicked,  nor  inflammatory.  There 
is  not  a  fentence  in  it,  which  I  have  not  defended  in  your 
prefence. 

You  neither  can  do  juilice  to  me,  nor  to  the  country, 
if  you  condemn  thefe  different  publications,  upon  account 
of  the  fcandaloufly  mutilated  extrafts  from  them  in  the  libel. 
You  mull  carry  the  whole  of  them  along  with  you  from  this 
place.  It  is  not  upon  detached  paffages  you  are  to  jadge  ; 
but  jou  mud  decide  upon  the  whole. 

Gentlemen  of  the  jury, 

This  is  now  perhaps  the  lad  time,  that  I  fhall  addrefs 
my  country,  I  have  explored  the  tenor  of  my  pad  life. 
Nothing  fliail  tear  from  me  the  record  of  my  departed  days. 
The  enemies  of  Reform  have  fcrutinized,  in  a  manner  hi- 
therto unexampled  in  Scotland,  every  action  1  may  have 
performed,  every  v/ord  {  may  have  uttered, — Of  crimes, 
moil  foul  and  horrible,  have  I  been  accufed. — -Of  attempt- 
ing to  rear  the  ftandard  of  civil  war,  and  to  plunge 
this  land  in  blood,  and  to  cover  this  land  with  dcfolation. 
At  every  ftcp,  as  ihz  evidence  of  the  Crown  advanced, 
my  innocency  has  brightened.  So  far  from  inflaming 
the  minds  of  men  to  feditioa  and  to  outrage — all  the 
witneiTes  have  concurred,  that  my  only  anxiety  was,  to 

im- 


C       520       ) 

imprefs  upon  tliem  the  neceflity  of  peace,  of  good  orde?^ 
and  of  good  morais.     What  then  has  been  my  crime  ?  Not 
the  lendincj  to  a  relation  a  copy  of  Mr.  Paint's  Works ;   nof 
the  giving  away  to  another  a  few  numbers  of  an  innocent 
and   coiiflitutional  publication  ;  bu%  for   havi  ig   dared   to 
be,  according  to  the  meafure  of  my  feeble  abihries,  a  llre- 
nuous  and  active  advocate   for   an   equal  reprcfentation  of 
the  People — in  the  Houfe   of  the  People  ; — For  having  da- 
red to  attempt   to   accomplifh   a  meafure,  by  legal  meanSj 
which   was  to   diminiih  the  weight  of  their  taxes,  and   to 
put  an  end  to  the  profufion  of  their  blood.     From  my  in- 
fancy to  this   moment,  I  have  devoted   myfelf  to  the   caufe 
of  the  People.     It  is  a  good  caufe. — It  fhall  ultimately  pre- 
vail.— It  fhall   finally  triumph.     Say  then  openly,  in   your 
verdict,  if  you  do  condemn  me,  which  I  prefume  you   will 
not, — That  it  is  for  my  attachment  to  this  caufe  alone,    and 
not   for  thofe  vain  and    VvTCtched  pretexts  ftated  in  the    in- 
didtment,    intended    only  to   colour   and   difguife  the  real 
motives   of  ray   accisfation.     The   time   will   come,  when 
men    mufh  ftand   or  fall   by  their    aftions  ,    when    all    hu- 
man peageantry  fnail  ceafe  ;  when  the  hearts  of  all  fhall  be 
laid  open.     If  you  regard  your  raolf  important  interefts,--« 
if  you  wifh   that  your   confcience   iliould  whifper  to   you 
words  of  confolation  ;   or  fpeak  to  you  in   the  terrible  lan- 
guage of  rcmorfe, — Weigh  well  the  verdift  you  are  to  pro- 
nounce.    As  for  rne,   I  am   carelefs  and   indifierent  to  my 
fate.     I  can  look  danger — and  I  can  look  death  in  the  face, 
for  I  am  lliielded  by  the  confcioufnefs  of  my  own  reditude. 
I  may  be  condenmned  to  languifli  in  the  recelTes  of  a  dun- 
geon— I  may  be   doomed  to  afcend  the   fcaffold— Nothing 
can   deprive   me  of  the  recolledion  of  the  pafl — Nothing 
can   deflroy  my  inward  peace  of  mind,  ariiing  from  the  re- 
membrance ot  having  dilcharged  my  duty. 

When  Mr.  Muir  fat  down,  an  unanimous  bucil  of  ap- 
pkufe  was  cxprefTed  by  the  audience. 

When  the  exclamations  had  ccaicd,  he  arofe  and  faid, 

I  have  omitted  to  take  notice  of  the  evidence  adduced 
upon  my  part,  I  am  not  going  to  detain  you  a  moment 
longer. — To  you  I  leave  the  import  of  the  whole  ,of  that 
evidence. 

The  Lord  Justice  Clerk,  in  fumming  up  the  evidence, 

faid. 


(       121       ) 

faid,  that  the  indidment  v/as  the  lon^cft  he  had  ever  feen  5 
but  it  was  not  necefTary  to  prove  the  whoJe,  in  order  to 
find  the  Pannel  guilty,  for  the  Jury  had  only  to  look  ac  the 
concluding  ientence  of  the  indidment,  fioni  which  it  was 
plain,  that  if  any  one  part  of  the  libel  was  proven,  it  eftab-  | 

lilhed  the  guilt  of  che  Pannel  the  fame  as  if  the  v;hole  was 
fubllantiated. 

Nqw,  this   is  the  queflion  for  confideration.— Is  the  Pan« 
J]q\  guilty   of  SediiioDj  or,  is  he  -not  ?    Nov/,   before  this 
cjueftcti    can  be  anfwered;^    two  things  miift  be  attended  td 
th  It  require  no  proof :  Firji^    that  the  B.itiili  Conflimtion         . 
is  the  be/l  that  ever  was  fince  the  creation  of  the  world,  and  ^^^ 
lt_  is   not  poffible  to   make  it  better  ;"  for,   is  not  every   man.  -^ 
iecure  ?  lioes  not  every  majTfeap'  the  fruits  of  his  own   in- 
duftry,  and  lit  fafely  under  his  own  fig-tree  ?  The  next  cir-^ 
cumliance  is,  that  there  was  ajpirit  of  fedition  in  this  coun-- 
try  lafi  winter,  which   m'adeevery~good  nian  very  unedy^/*^^ 
And  his   LiOrdlhip  coincided  in  opinion   with  the  iiialler  o£  ^^  ^ 
the  grammar  fchool  of  Glafgow,   who  told  Mr.   Muir,  that 
bethought   propofing  a  reform   was  very  ill   timed.      YeC 
Mr.    Muir  had,  at  that  time,  gone  about   among  ignorant 
country    people,  making   them  forget  their  work,   and  told 
them  that  a  reform  was  abfolutely  neceifary  for  preferving 
their  liberty,    which,  if  it  had  not  been  for  him,  they  would 
never  have  thought  was  in  danger.      His  Lordfhip  did  not 
doubt  that  this  would  appear  to  them  as  it  did  to  him,  to  be- 
fedition. 

The  iiext  thing  to  be  attended  to,  was  the  otidawrr.— ' 
Running  away  from  juftice,  that  was  a  mark  of  guilt-  And 
what  could  he  do  in  Fcance  at  that  Deriod  ?  pretending  to» 
be  an  ambalTador  to  a  foreign  country  without  lawiul  au- 
thority^ that  was  rebellion  ;  and  he  pretends  to  have  had 
influence  with  thofe  wretches,  the  leading  men  there.  And 
what  kind  of  folks  were  they  ?  His  Lore  (hip  never  /iked  ths  pycA 
French  all  his  days,  but  no'w  he  hated  them. 

The  Pannei's  harvanguing  fuch  multitudes  of  ignorant- 
weavers  about  their  grievances,  might  have  been  attended 
with  the  worit  confequences  to  the  peace  of  the  nation,  and 
the  fafety  of  our  glorious  conllitution. 

Mr,   Muir  might  havs  known,  that  no-  attention  could  be 

Q  paid 


C       122       'j 

paid  to  fuch  a  rabble.  What  right  had  they  to  reprefenta^ 
tion  ?  He  could  have  told  them  that  the  Parliament  would 
never  lillen  to  their  petition  :  How  could  they  think  of  it  ? 
A  government  in  every  country  fnould  bejulllikea  cor-*- 
poracion  ;  and,  in  this  country,  it  is  made  up  of  the  land- 
ed interert,  which  alone  has  a  right  to  be  reprefented  ;  as 
for  the  rabhle,  who  have  nothing  but  perfonal  property 
what  hold  has  the  nation  of  them  ?  What  fecurity  for  the 
p.iyment  of  their  taxes  ;  they  may  pack  up  all  their  pro- 
perty on  their  backs,  and  leave  the  country  in  the  tuiinklin^ 
of  an  eye,  but  landed  property  cannot  be  removed. 

The  tendency  of  the  Pannel's  condud  was  plainly  to  pro- 
mote a  fpirit  of  revolt,  and,  if  what  was  demanded,  was 
not  given,  to  take  it  by  force.  His  Lordfliip  had  not  the 
fmalleft  doubt  that  the  Jury  were,  like  himfelf,  convinced 
of  the  Pannei's  guilt,  and  defired  them  to  return  fuch  a  vcr- 
dicl  as  would  do  them  honour. 

The  Court  retired  at  two  o'clock  on  Saturday  morning-, 
and  met  again  at  twelve  o'clock  of  the  fiime  day,  when  th^ 
Jury  returned  the  following 

r  E  R  D  I  C  T. 

Edinburgh,  ^^^^  31.   1793. 
The  above  afiize  having  enclofed,  made  choice  of  the  faid- 
Gilbert  Innes  to  be  the  Chancellor,  and  the  faid   John  Bal- 
four to   l>e  their  Clerk  ;  and  having    confidered  the  crimi- 
nal libel,  raifed  and  purfued,  at  the  inftance  of  his  Majefty's 
Advocate,    for  his  Majcfty's  intereft,  agamfl  Thomas  Muir 
Pannei,    the  intei  locutor  of  relevancy,   pronounced  thereon 
by  the  Court,  the  evidence  adduced,   in  proof  of  the  libel 
and  the  evidence  in  exculpation  ;  they  are  all,  in  one  voice' 
finding  the  Pannei  Thomas  Muir  Gul/ty  of  the  crimes  libel- 
kd  ;   In  vvitnefs  thereof  their  faid  Chancellor  and  Clerk,  have 
fubfcribed  thcfe  prefents,  cnnfilling  of  this  and  the  preced- 
ing  page,  in  their  names  and  by  their  appointment,  place, 
and  date  atorefaid. 

(Signed)         Gilbert  Innes,  r/jj;?. 
John  BALrouR,  6767-X-. 

The 


(     123     ) 

The  verdi£l  being  recorded,  the  Lord  Justice  Clerk 
-iddr'.iTcd  rhe  Jury,  and  i^iid,  That  this  trial  had  been  of  the 
greatcfl  impotance.  He  was  happy  that  they  had  beflowed 
fo  much  attention  upon  it,  and  informed  them,  that  the 
Court  highly  approved  of  the  verdict  they  had  civen.  He 
tlien  defiled  their  Lordfhip?  to  give  their  opinion  upon  this 
veidiQ,  and  what  punifnment  fiiould  be  indicted. 

"Which  they  did  to  the  following  purport  : — 

Lord  Kenderland  obferved,  that  the  alarming  fituation 
in  which  t^i'^  country  Vv^as  during  the  courfe  of  ]-a.il  winter, 
gave  uneafinefs  to  all  thinking  men  :  His  Lordiliip  fiid,  that 
he  nnv  arrived  at  the  mod  difiigreeable  part  of  the  duty 
incumbf^nt  upon  him,  which  v/as  to  fix  the  puniilimeiit 
due '^o  the  crime,  of  wiiich  the  Pannel  was  f  mnd  guilty. 
The  indicimcnt  contained  a  charge  of  fedition,  exciting 
a  fpirit  of  difcontent  among  the  inferior  claffcs  of  people, 
and  an  attack  againft  the  Glorious  Con/lituiion  of  this  coun- 
try the  Jury,  by  the  verdicl  which  t-hey  had  returned,  and 
to  ivhich  the  Court  had  alnne  recourfe,  had  found  the  Pan- 
nel guilty  ;  and  it  was  their  Lordfiiips  duty  only,  now  to 
fix  the  punifhmenr  due  to  the  offence.  His  Lordflup  faid, 
that  he  would  not  dwell  upon  the  evil  confequences  of  the 
crimes  committed  by  the  prifoner.  The  melancholy  exam- 
ple of  a  neishbourinc^  country,  which  would  forever  flain 
the  page  of  hiftory,  rendered  it  unneceffary  fjr  him  to  re- 
capitulate the  circumftances  of  the  cafe.  In  rhar  country, 
fhe  confeqnenees  of  fuch  meafures  have  produced  every 
kind  of  violence,  rauine,  and  murder.  There  appeared, 
he  faid,  to  have  been  in  this  country  a  rgular  plan  of  fedi- 
tious  meafures.  The  indecent  applaufe  which  Vvas  given 
to  Mr.  Muir  laft  night,  at  the  conclufion  of  his  deffnce, 
within  thefe  walk,  unknown  to  that  High  Court,  and  in- 
Goniiflent  v/ith  the  f  ilemnity  which  oi^dit  to  pervade  the 
ndmlniftration  of  juflicc.  and  which  was  infulting  to  the 
laws  and  dignity  of  that  court,  proved  to  him  that  the 
fpirit  of  fedit'--n  had  not  ns  yet  fubfided,  Ke  would  not, 
he  faid,  feek  to  aggravate  the  offence  committed  by  tlie 
Pannel,  by  the  mifconduft  of  others,  in  order  to  increafe 
the  punifiiment,     Tlie  punifhrnent  to  be  infiidcd  is  arbitro- 


0     2 


n 


(      124     ) 

jy,  of  which  there  is  a  variety.  BanjUiment,  he  obferyed' 
would  be  improper,  as  it  would  only  be  finding  to  anc^ther  ■ 
fiountry,  a  man,  where  he  might  have  the  opportuiiity  of 
exciting  the  fame  fpirit  of  difcontent,  and  fowing  with  a 
plentiful  hand  fedition  j  whipping,  was  too  fevere,  and 
difgraceful,  the  more  efpecially  to  a  man  who  hr.d  bore  his 
.character  and  rank  in  life.  And  imprifonment,  heconfider-r 
ed,  would  be  but  a  temporary  punifhment,  when  the  crimi- 
lial  w^'uld  be  again  let  loofe  ;  and  fo  again  didurb  the  hap- 
pinefsof/,^^  People.  There  remains  but  one  puuilhment  in 
Dur  law,  and  it  wrung  his  very  heart  to  mention  it,  viz. 
^ranfportatioiu  it  was  a  duty  he  confidered  he  owed  to  his 
countrymen,  ro  pronounce  it,  in  the  fituation  in  which  he 
fat,  as  the  puniibment  due  to  his  crimes.  Flis  Lordlhip 
obfervedj  it  was  extraordinary  that  a  gentleman  of  his  def- 
criptiou,  of  his  profellion,  and  of  the  talents  he  poffeffed, 
ihould  be  guihy  of  a  crime  deferving  fifch  a  punifhment, 
but  he  faw  no. alterative.  For  what  fecurity  could  we  have 
againft  his  future  operations,  but  a  removal  from  his  country, 
to  a  place  where  he  could  do  no  further  harm.  His  Lord- 
ihip  was  therefore  of  opinion,  that  the  Pannel  fliould  be  rei- 
committed  to  prifon,. there  to  remain,  till  a  proper  oppor- 
?:unity  ihould  ofirr  for  traufporting  hiiri,  no  fuch  place  as  his.i 
Majefty,  with  the  advice  of  his  Privy  Council,  m.ight  ap-.  * 
point  for  the  fpace  o{  Fourteen  ycai  s  from  the  date  of  the 
lentence  ;  and  that  he  fliould  not  return  v/ithm  that  period  ■ 
under  the  pain  of  death. 

Lord  Swinton  — The  crime  with  which  the  Pannel  is,  ■ 
\ty  th'C  Jury  of  his  country,  found  guilty,  is  fedition.  It 
is.  a  generic  crime,  and  which  is  defined  by  our  lawyers,  to 
be  a  commotion  of  the  people  without  autJLority,  and  of 
exciting  others  to  fuch  commotion  agajnil  the  public  weU 
fare.  This' crime ,  he  obferved,*. conlilted  of  m.any  grada- 
tions, and  might  have  run  from  a  petty  mob,  about  wages,  ; 
even  to  high  treafori.  He  thought  the  puniiliment  fiiould 
be  adapted  to  the  crime.  The  queftion,  he  faid,  was  then, 
What  was  the  dei;rcc  of  the  ciime  the  Pannel  has  been  guil- 
ty of.  That  was  to  be  difcoyered  from  the  libel,  of  which 
he  has  been  found  guilry  by  the  unanimous  vcrdift  of  a  re- 
fpeclable  Jury  of  hib  country.  It  appeared  to  him,  to  be  a 
'■  crime 


C   225   3 

crime  of  the  moft  hcnious  kind,  and  there  was  fcarccly  a 
diftinftion  betwen  it  and  high  treafon.  As  by  the  diffolii- 
tiun  of  tne  focial  compacl  it  made  way  for,  and  fo  it  might 
be  faid,  to  include  every  fort  oi  crime ^  murder^  robbery,  ra- 
pine, fire-raifings,  in  fhort  every  fpecies  of  wrong,  public 
and  privatf.  This,  he  obferved,  was  no  theoretical  rea- 
foning,  for  we  had  it  exemplified  before  our  eyes,  in  the 
prefcn.t  ftate  of  France,  where,  under  the  pretence  of  alTert- 
ing  libercy,  the  worft  fort  of  tyranny  was  efiabliihed,  and 
nli  the  loyal  and  moral  ties  which  bind  mankind  were  bro- 
ken. Nay,  ihamcfui  to,  tell,  even  religion  itfelf  was  laid  a- 
fide,  and  publicly  diilivowcd  by  the  National  Convention. 

Certain  wretched  perfons,  aiTuming  to  themfeives,  mofl 
fall-ly  and  infidiouily,  the  refpeftable  name  of  Friends  of  the 
Piiople,  and  oFReform^  although  they  deferved  the  very  op- 
pojite  denomination,  by  which  means  they  have  milled,  and 
drawn  after  them,  a  great  number  of  well-meaning,  though 
iiaiple  and  unwary  people. 

if  punillimentj  adequate  to  the  crime,  were  to  be  fought 
for,  there  could  be  found  no  punifliment  in  our  law  fuffici- 
,ent  for  the  crime  in  the  prefent  cafe,  now  that  torture  is 
happily  ab^lifhed. 

By  the  Roman  law,  which  is  held  to  be  our  common  law 
where  there  is  no  ftatate,  the  punithment  was  various,  and 
tranfportation  was  among  the  rnildeit  mentioned.  Paulus, 
L-  38.  Dig,  de  P<jenis^  writes,  Adores  feditionis  et  tumidtus^ 
populo  conciiat^'^pra  qualitate  dignitatis,  ant  in  fur  cam  tol- 
lunter,  aut  bejliis  Gbjiciuntur,  aut.in  infidam  df^portanter. — 
We  have  chofen  the  mildeft  of  thefe  punilhments.  By  the 
Ccdex,  lib.  9.  t.  30.  de  SedJtiaJis  ethis  qui  pkbera  contra  rem- 
publicam  (indent  eollegere^  I.  1.  &  2.  fuch  perfons  are  i^h- 
jecbed,  ad  mulclam  gravinimam,- — Baldus  writes,  Frovocans 
tumidtum  et  clamor  evi  in  populo^  debet  mori  pejenaftdiiionis. — 
And  by  a  confiitution  of  the  emperor  Leo:  Subdandos  an- 
iem  p(snis  eis  qitas  de  feditionis  et  turaulius  auctoribuf  vsluflij- 
fima  decreta  Janxerient. 

The  fole  objed;  of  punifhment  among  us,  is  only  to  deter 
others  from  committing  the  like  crimes  in  time  coming.—- 
Therefore  the  punifhment  fhould  be  made  equal  to  the  crime. 
.All  that  is  neceffary  is,  that  it  ferve  as  an  eKampie  and  ter- 
ror 


C   126   ) 

rc-r  to  others,  in  time  coming,  ngainH:  a  repetition  of  the 
*ike  offence.  In  the  prcfent  cafe,  he  thought  that  Tranf- 
porfation  v/as  the  lis^heit  punijhment  that  could  be  affigned, 
and  that  for  tlie  ftjace  rjrf  fourteen  years,  under  the  certifi- 
cation of  death,  in  cafe  of  returning  before  the  expiration 
of  that  term. 

Lord  Dunsinnan. — His  Lordfliip  fpoke  in  fo  low  a  tone 
of  voice,  that  we  had  not  an  opportunity  of  following  him, 
throughout  the  whole  of  his  opinion.  He  ho v^rc■ver  agreed, 
with  the  reft  of  their  Lorofnips,  in  the  punifliment  which 
they  faid  Mr.  Muir  deferved,  viz.  Tranfportation  for  four- 
teen years,  with  the  ufual  certification,  &c. 

Lord  Abercromby.— His  Lordlhip  did  not  think  it  ne- 
cefTary  to  lay  much  as  to  the  enormity  of  the  crime,  after 
what  had  been  already  faid.  By  our  law,  it  niight  have  a- 
mounted  to  treafon,  and  even  as  the  law  now  (lands,  it  cam.q 
very  near  it. 

He  obfervcd,  that  Mr.  Muir  lafl:  night,  when  conducing 
his  defence,  had  flared,  and  which  was  marked,  and  it  had 
great  weight  with  him,  "  That  the  people  fhould  be  cau- 
*'  tious,  and  by  all  manner  of  means  avoid  tumults  and 
*^  diforders,  for  through  time  the  mafs  of  tt^e  people  would 
•^^  bring  about  a  Revolution  "  (Here  Mr.  Muir  rofe,  and 
faid,  "  I  deny  it,  my  Lord,  it  is  totally  falfe.")  If  any 
thing  could  add  to  the  improper  nature  of  the  Pannel's  de- 
fence, it  was  his  pretended  million  to  France,  and  the  hap- 
pinefs,  he  exprelied,  in  the  circle  of  acquaintance  he  had. 
there.  It  was  evident,  faid  his  Lordfhip,  that  his  feelings 
did  too  much  accord  with  the  feelings  of  thofe  raonflers, — 
His  Lordfhip  coincided  with  the  reffc  of  their  Liardfhips,  in 
regard  to  the  punifnment,  which,  they  had  given  as  their 
opinion,  Mr.  Muir  deferved. 

Lord  Justice  Clerk  —His  Lordfnip  fiid,  he  was  con- 
fiderably  afiecled  to  fee  the  pannel  ftand  trial  for  feditioti,  a 
man  v/ho  had  got  a  liberal  education,  v/as  member  of  a  re- 
fpedlable  focicty,  poffeiTed  confiderable  talents,  and  had  fuf-. 
tained  a  refpcclable  chara»5ler.  His  Lordfhip  confidered  the 
very  lowefl  fpecics  of  this  crime  as  heinous,  and  that  it  was 
agL{ravated  according  to  the  objecT:  in  view.  Here  the  ob- 
jed  was  important  j  for  it  was  creating  in  the  lower  claffes 

of 


(     127    ) 

of  people,  difloyalty,  and  diffiuisfadion  to  government,  and 
this  aaiounting  to  the  highelt  fort  of  kdicion,  is  bordering  on 
treafon,  and  a  little  more  would  have  made  the  Pannei  ftand 
trial  for  his  life. 

Kis  Lordfliip  agreed  in  the  propriety  of  thepropofed  pu- 
nifliment,  and  he  obferved  that  the  indecent  applaufe  which 
was  given  the  Pannei  lall  night,  convinced  hi  s;,  that  a  fpi- 
rit  of  difcontent  (till  lurked  in  the  minds  of  the  people,  and 
that  it  would  be  dangerous  to  allow  him  to  remain  in  this 
country.  His  Lordfhip  faid,  this  circumftance  h.id  no  little 
weight  with  him,  when  coniidermg  of  the  punifhment  IMr. 
Muir  deferved.  He  never  had  a  doubt  but  tranfportation; 
\\As  the  proper  punilTiment  for  fuch  a  crime,  but  he  only 
h^firated  whether  it  lliould  be  for  life,  or  for  the  term  of 
fourteen  years  I — The  latter  he  preferred,  and  he  hoped  the 
Pannei  would  refleft  on  his  pad  conducft,  and  fee  the  impro- 
priety which  he  had  committed,  and  that  if  be  fhould  he  a- 
gain  reftored  to  his  country,  he  might  ftiU  have  an  oppor- 
tunity of  (liowing  himfelf  to  be  a  good  member  of  that  con- 
ftitution  which  he  feemed  to  defpife  fo  much. 

After  his  Lordfliip  had  delivered  his  opinion,  and  during 
the  time  the  fentence  was  recording,  Mr.  Muir  rofe  and 
faid. 

My  Lord  Jiifiice  Ckrk^  I  have  only  a  Jew  words  to  fay ^ 
I /hall  not  animadvert  upon  the  feverity  or  the  leniency  of  my 
jentence.  Were  I  to  he  led  this  moment  from  the  har  to  the 
fcaffold,  I  Jhould  feel  the  fame  calmnejs  and  ferenity  which  I 
now  do.  My  mind  tells  me,  that  I  have  acted  agreeable  to  my 
confcience,  and  that  I  have  engaged  in  a  good-,  a  jiifU  and  a 
glorious  caufe^ — a  caufe  which  fooner  or  later  mujl,  and  will, 
prevail;  and^  by  a  timely  reform,  fave  this  country  jrom  ds^ 
Jirtiction. 


THE      S  ii  N  T  £  N  C  E. 


The  Lord  Juilice  Clerk,  and  Lords  Commiffioned  of  ^^© 
Judiciary,  having  ccnlidered  the  foregoing  verdi(3:,  where- 
by the  affize,  all  in  one  voices  Find  the  Pannei  GUiLTT 


f   128   ) 

of  the  crimes'  libeikd  :  The  faid  Lords,  in  feipe6l  of  the 
faid  verdid,  in  terras  of  an  adl  palTed  in  the  25rh  year  of 
his  prefent  Majeflj,  entitled,  "  An  Ad  for  the  more  efFec- 
"  tual  tranfportation  of  felons  and  other  offenders  in  that 
'*  part  of  Great  Britain  called  Scotland."  Ordain  and  adjudge 
that  the  faid  Thomas  Muir  be  Tranfported  beyond  Seas,  to 
fuch  place  zis  his  Majcfty,  with  the  advice  of  his  Privy 
Council^  fiiali  declare  and  appoint,  arid  that  for  the  fpace  of 
Fourteen  Tears  from  this  date,  with  certification  to  him,  if 
after  being  fo  tranfported,  he  iTiall  return  to^  and  be  found 
at  large,  v/ithin  any  part  of  Great  Britain",  duririg  the  faid 
Fburteen  Years,  v/irhout  fome  lawful  caufe,  and  be  thereby 
lawfully  convided,  hefhall  fufFer  Death  as  in  cafes  of  felony, 
without  benefit  of  Clergy  by  the  Law  of  England  ,  And  or- 
dains the  faid  Thomas  Muir  to  be  carried  back  to  the  Tol- 
booth  of  Edinburghj  therein  to  be  detained  till  he  is  deli- 
vered over  for  being  fo  tranfported,  for  which  this  flaall  be  tof 
9f\\  eoncerned,  s  fuiticient  warrant. 


(Signed)     .  Robert  M'Queen. 


A  P  P  E  N, 


P    P    E    N    D    I    X. 

N  U  M  B  E  R     I. 

<boPY    SENTENCE    OF    FUGlfATION. 

February  25,   1793. 

I'^HE  which  day  the  diet  6f  the  criminal  letters,  raifed 
■  and  carried  on  at  the  inftance  of  Pvobert  Dundas,  Efq., 
of  Arnifton,  his  Majeily's  AdvocJite,  for  his  Tvlajefty's  inte- 
reft,  againft  Mr,  Thomas  Muif,  younger  of  Hunterfliill,  Ad-=- 
^ocate,  being  called,  and  the  faid  Mr.  Thomas  Muir,  having 
been  ofctimes  called  in  CoUrt,  ^nd  three  times  at  the  door  of 
the  Couft-hoiife,  he  failed  to  appear. 

Whereupon  his  Majefly's  Advocate  liioved,  that  fentence 
of  outlawry  and  fugitation  might  be  awarded  againfi:  him  % 
and  as  he  iiriderftood  that  bail  had  been  given  for  his  appear- 
ance, when  apprehended  by  the  Sheriff  of  the  county  of  E- 
dinburgh,  he  craved  that  the  penalty  in  the  bond  might  be 
forfeited  and  recovered.  . 

"  The  Lord  JufticS  Clerk  ?Lnd  Lol^ds  CotrrmilTiohers  of  Ju-' 
iliciary  decern  and  adjudge  the  faid  Thomas  Muir,  to  be  aii 
outlaw  and  fugitive  from  his"  Majefty's  lav/c,  and  ordain  him, 
to  be  put  to  his  Highnefs's  hofn,  afid  all  his  moveable  goods 
and  gear  to  be  efcheat  and  inbro'ught  to  his  Majefty's  ufe, 
for  his  contempt  and  ciifobedience  in  not  appearing  this  daj^ 
and  place,  in  the  hour  of  caufe,  to  have  underlyen  the  law 
for  the  crimes  of  fedition,  and  others  fpecified  in  the  faid  cri- 
ihihal  letters  raifed  againft  him  thereanent,  as  he  who  Vv^as 
lawfully  cited  to  that  eiTecl,  and  oftentimes  called  in  court, 
and  three  times  at  the  door  of  the  court-houfe,  and  failing  to 
appear  as  faid  is.  And  ordain  the  bond  of  caution,  granted 
for  the  appearance  of  the  faid  Thomas  Muir  in  the  Sheriff- 
court  books  of  Edinburgh,  to  be  forfeited,  and  the  penalty 
therein  contained  to  be  recovered  by  the  Clerk  of  this  Court, 
Id  be  difpofed  of  as  the  Court  (hall  dire^f. 

(Signed)         ROBERT  M'QUEEN,  J.  P.  D/' 

R  NUM- 


(     13^    ) 


NUMBER      II. 


At  Edinhurghj  the  id  of  January  1793. 
The  which  day  compeared,  in  prefence  of  John  Pringle, 
Efq.  advocate,  his  Majefty's  Sheriff  Depute  of  the  fhire  of  E- 
dinburgh,  Tbomcu  Muir,  Efq,  advocate  ;  who,  being  exa- 
mined by  the  Sheriff,  and  being  interrogated,  Whether  or 
not  the  declarant,  in  the  month  of  November  laft,  was  in  the 
tov;ns  of  Kiikintilloch,  Lennoxtown  of  Campfie,  or  Militown 
of  Campfie  ?  declares,  That  he  declines  anfwering  any  qiief- 
tions  in  this  place,  as  he  conliders  a  declaration  of  this  kind, 
obtained  in  thefe  circumftances,  to  be  utterly  inconfiflent 
with  the  conflitutional  ri,2;hts  of  a  Bririfh  fubjed  :  That  he 
has  folemnly  maintained  this  principle  in  pleading  for  others 
in  a  criminal  court,  and  that,  when  it  comes  to  be  applied 
to  his  own  particular  cafe,  as  at  prefent,  he  Vv'ill  not  deviate 
from  it :  Declares,  That  he  neither  compofed,  publifhed, 
ror  circulated  books  or  pamphlets,  inflammatory  or  feditious :: 
'ihat,  in  public  and  private,  he  always  advifcd,  and  earneft- 
ly  entreated  thofe  who  might  be  engaged  in  the  profecutioo 
of  a  conflitutional  reform,  in  the  reprefentation  of  the 
jieople  in  the  Houfe  of  Commons,  to  adopt  meafures  milu 
but  firm,  moderate  but  conflitutional ;  and  that  he  has  al- 
ways inculcated  upon  all  whom  he  may  have  addreffed  up- 
on any  occafion,  that  there  was  no  other  mode  of  acconi- 
pliihing  a  conitirutional  reform,  in  the  reprefentation  ol  the 
people  in  the  Houfe  of  Commons,  but  by  the  mode  of  re- 
fpedfal  and  conftitutionai  petitions  to  that  Houfe,  for  that 
purpofs  :  And  that  he  did  not  doubt  but  the  wifdom  of  that 
Houfe  would  iiften  to  the  voice  of  the  people,  when  thus 
conilitutionally  prdented  :  And  being  fnown  three  numbers 
ot  a  paper,  entitled.  The  Patri<->r,  the  firft  dated,  "  Tuefday, 
April  T7th,  1792;"  the fecond dated,  "  Tuefday,  June  12th;" 
and  the  third,  "  Tuefday,  July  10th,"  without  mention  of 
the  year  ,  and  being  interrogated,  if  he  gave  theJe  pam- 
plilets  to  William  Mu:^,  weaver  in  Kirkintilloch,  and  eight 
ihfr  numbers  of  the  fame  publication  ?  declares.  That 
..e  adheres  to  the  principles  which  jhe  has  mentioned 
.:i   tlic  preceding   part  of  this   declaration,   and  declines 

anfvi/er- 


C     '3'     ) 

anfwering  the  qiiefiion.  And  being  {hown  a  book,  entitled, 
"  The  Works  of  Thomas  Paine,  Efq."  and  interrogated,  If 
he  did  not  give  fiid  book  to  Henry  Freeland,  weaver  in  liir- 
kintiiloch,  and  fnft  Prefes  of  the  Reform  Society  there  ?  de- 
clares, Thac  he  adheres  to  his  principle,  and  declines  an- 
fwering the  queftion.  And  being  Ihown  a  paraphlet,  en- 
titled, "  A  Declaration  of  Rights,"  and  an  "  Addreis  to  the 
People  ;"  and  interrogated,  Whether  or  not  he  gave  the  a- 
forefaid  pamphlet  to  the  faid  Henry  Freeland  ?  declareSj 
That  he  declines  anfwering  upon  the  aforefaid  principle. 
And  being  interrogated.  Whether  or  not  he  gave  to  the  a- 
forefaid  Hc-nry  Freeland,  a  book,  entitled,  "  Flower  on  the 
French  Conilitution  ?""  declares,  That  he  declines  anfwering 
the  queftion,  upon  the  aforefaid  principle  ;  and  al^  tlie  le" 
fore-mentioned  books  are  marked  as  relative  hereto,  cf  this 
date.  And  being  interrogated,  Whether  or  not  the  decla-- 
rant  was  a  member  of  Convention  which  met  in  Edinburgh, 
in  the  month  of  December  laft,  ftiling  themfeives  the  Con- 
vention of  the  Affociated  Friends  of  the  People,  and  produ- 
ced to  that  meeting,  %  paperg  entitled  "  Addrefs  from  the 
^Society  of  United  FriHinien  in  Dublin,  to  the  Delegates  for 
Pvcform  in  Scotland,  23d  November  1792,"  and  moved, 
thac  the  thanks  of  the  meeting  fliould  be  returned  to  that 
Society,  for  faid  Addrefs?  Declares  and  declines  anfwering; 
the  queftion,  upon  the  aforefaid  principle.  Ail  this  he  de~ 
dares  to  he  truth, 

(Signed)  THOMAS  MUIR« 

JOHN  PRINGLE, 

NUtMBER     in, 
COPI  DECLARATION 

OF 

GEORGE     WILLIAMSON 

At  Edinburgh,  August  10,  179^3  = 
George  Willia?4son,  meiTengcr  in  Edinburgh,  declares, 
That  on  Friday  the  2d  of  Auguft  inilant,  he^received  a  war- 
rant 
"     R  3 


t   1^32   ) 

f  ant  of  the  Court  of  Jufliciary,  for  bringing  the  perfon  of 
Mr.  Thomas  Muir,  younger  of  Hunterlhill  from  the  prifoii 
of  Stranraer,  to  the  prifon  of  Edinburgh,  in  confequence 
of  which,  ht;  went  to  Stranraer,  and  arrived  there  in  the 
morning  of  Sunday  the  4rh  infiant,  when  he  received  the 
perfon  of  the  faid  Thomas  Muir  ;  and  he  alfo  received  from 
Mr.  Kerr,  one  of  the  raagiftrares  of  Sranraer,  a  parcel,  feal- 
<ed  and  entituled  '^  Papers  belonging  and  found  on  Mr.  The- 
f'  mas  Muir,  W.  R.  J  P/*  And  which  packet  was  feal- 
ed  wiih  a  feal  of  the  burgh  of  Srranraer,  and  alfo  wirh  two 
leals,  which  h€  now  hears  Mr.  Muir  declare  to  be  his,  and 
which  parcel  he  now  exhibits,  with  the  feals  entire. 

And  the  aforefaid  parcel  having  been  opened,  in  prefence 
of  thefaid  fherirTfubftitute,  Hugh  Wa; render  Efq.  Mr.  Wil- 
liam Scott,  Procurator  Fifcal  of  the  ihare  of  Edinburghg 
George  Wlliiamron,  meficngcr  in  Edinburi^h,  and  Jofeph 
Mack,  writer,  Shenif's  Clerk's  Office  5  and  alfo^  in  prefence 
of  Ml-.  Thomas  Mmr,  who  admitted,  that  this  was  the  par- 
cel containin.^  the  articles  belonging  to  him,  which  were 
feaied  up  by  the  magiftrates  of  Stranraer,  and  to  which  he 
then  ahised  his  feals,  and  vi'hich  he  obferved  to  be  entire^ 
previous  to  its  being  opened  in  his  prefence  :  The  fame  was 
ioiind  to  contain  :  • 
2.  Ten  copies  of  a  pamphlet,  entitled,  '^^  Proceedings  of  the 

Society  tif  United  Irilhmen  of  Dublin.     Dublin  printed 

by  order  of  ihe  Society,   1793-" 

2.  A  printed  copy  of  the  trial,  at  large,  of  Samuel  Bufhby, 
and  Judich  his  wife- 

3.  Twenty-nine  copies  of  a  printed  paper,  entitled  ''  Uni- 
ted Iriihmen  of  Dublin,  7th  June  1793,"  'being  an  Ad- 
drefs  from  the  Catholic  Cornniiicee,  to  their  Catholic 
Countrymen. 

4.  Five  copies  of  another  printed  paper,  being  '•'  Refolutions 
of  tiie  Society  of  United  Lifhmen,  held  o«  the  hfteenth  of 

July."  ^       .  ,  ■         ' 

':.  Twenty-tv^-o  copies  of  a  paper,  purporting  to  be  an  ab- 

itracf  of  the  trial  of  Francis  Graham,  Efq.  one  of  his  Ma- 

,  jejly's  Juliices  of  Peace  for  the  county  of  Dublin,  on  the 

i/ih  Tulyj'^o;>„  before  the  Kon.  Buron  Power. 

f  ■     ■■'    '      '    ■  6.  A 


(    133    ) 

6.  A  printed  copy  of  an  ad  to  prevent  tumultuous  rilings, 
i^c.  of  the  27th  Geo.  III.  printed  Dublin,  1787. 

7.  Eighty-four  copies  of  a  printed  paper,  dated,  '^  Rath 
Coffey,  ift  July,  1793  ;"  containing  a  quotation  from 
Miiton,  on  the  liberty  of  unlicenfed  printing. 

8.  Letter,  figned  J,  Muir,  dated  Glafgow,  2\fl  July  1793? 
beginning  with,  Dear  Sir,  but  haying  no  addrefs. 

9.  Letter,  Signed  Thomas  Muir,  and  addrcifed  to  Captain 
George  Towers,  of  the  American  fhip,  the  Hope,  from 
Baltimore,  care  of  Meffrs.  Cunningham,  and  Co.  mer- 
chants, Belfaft,  §nd  dated  Dublin  27th  July 3  iy93. 

10.  A  Red  Turkey  pocket-book,  containing: 

I,  A  palTport  from  the  Departnient  pf  Paris,  in  favour  ofci^ 
tizen  Thomas  Muir,  dated  23d  April  1793,  having  up- 
on the  back  an  indorfement,  dated  5th  May  1793. 

3.  Receipt  by  A.  M'Dougal  to  Mr.  Muir,  for  qoo  livres,  for 
his  palTage  in  the  cabin  of  the  Ihip  from  Havre-de-Grace, 
to  the  Port  of  t^Qw  York,  dated  Havr^-de- Grace,  16th 
May,   1793. 

3.  Certificate  that  Thomas  Muir  has  been  duly  eleded  one 
of  the  members  of  the  Society  of  United  irifhmen  of  Dub- 
lin, dated  II th  January  1793,  figned  Archibald  Hamil- 
ton Rowan,  Secretary.*' 

4.  Sealed  letter,  dired'ced,  '<=  The  Rev,  Thomas  Fifche  PaU 
mer,  Edinburgh." 

5.  Ditto,  direded  '•  Norman  M'Leod,  Efq.  M.  P.  Scotland." 

6.  Ditto,  direaed  '^  ro  Mrs.  M'Cormick,  at  Dr.  M'Cor- 
mick's,  St.  Andrew's  Scotland, 

7.  Another  palTporc,  of  the  department  of  Calais,  in  favour 
of  citizen  Thomas  Muir,  dated  15th  January,  1793. 

8.  PalTport  of  the  Commiffary  of  the  Se6lion  of  the  Thuille- 
ries,  in  favour  of  citizen  Thomas  Muir,   dated   4th  May/ 

9.  Declaration  ofReiidence,  dated  3d  April  1793,  in  tavour 
of  Thomas  Muir. 

10.  Letter,  iigned  D.  Stewart  dated,  No.  52.  Frith-flrcet, 
Soho,  London,  February  ift. 

ift.  (AddreJled)    John   Hurford   Stone,  Efq.  or  Thomas 
Muir,  Efq.  Advocate,  No.  99.  Palais  Royal,  Paris. 

II,  Leiterj  iigned  James  Gam.pbell,  dated  No.  ao.  St.  An- 

•  ■  drew's 


(     134     ) 

7     ■ 

fdrew's  Square,  Edinburgh,  26th  January  1793  :  AddreS- 
ed  to  Thomas  Vluir,  Efq.  jounger  of  HunterfhilL 

12.  Letter,  figned  B.  Stewart,  dated,  52.  Frith  Street,  Janu- 
ary 30  ;  Addreffed,  Thomas  Muir^Efq.  Advocate  to  the 
care  of  John  Hurford  Stone,  Efq.  Paris. 

13.  A  Letter,  figned  W.  Skirving,  without  date,  Addreflecjl 
to  Thoiiias  Muir,  E(q.  younger  of  Huntcrfhiil. 

COPY    CERTIFICATE. 

Society  of  United  Iriihmen  of  Dublin  :  I  hereby  certifi- 
cate, that  Thomas  Muir  has  been  duly  elected,  and  having 
taken  the  Test,  provided  in  the  Conllitution,  has  been  ad- 
mitted a  member  of  this  Society. 

(Sigped)         ^rcb,  Hamilton  Rowan,  Sec, 
No.  205.     7 
Jan.  II.  1793.  J 

On  the  margin  of  the  original,  is  the  figure  of  a  harp, 
with  this  motto,  ''  It  is  newjining,  and fnaU be  heard'' 

Which  whole  pieces  of  writings,  printed  papers  and  let- 
ters, were  ngned  by  the  initials  of  the  Sherifi  Subftitute,  Mr. 
Scott,  George  ¥/illiamfon,  and  Jofcph  Mack,  of  this  date, 
and  thofe  taken  out  of  the  pocket-book,  were  again  replaced 
in  the  pocket  book  and  the  whole  of  the  faid  writings,  &.c. 
were  alfo  figned  with  the  initials  of  Mr  Muir,  excepting 
tlie  three  fcaled  letters,  which  he  declined  to  put  his  initials 
to,  in  regard  he  did  not  confider  them  as  his  property.  He 
further  required  that  the  Sheriff  Subftitute  iliould  imme- 
diately tranfmit  thefe  three  letters  to  the  refpe£iive  perfons 
to  whom  they  are  addrelfed,  as  any  other  proceeding  would 
be  a  violation  of  the  private  rights  and  property  of  the  per- 
fons to  whom  they  belong.  6V0//,  on  the  part  of  the  Pub- 
lic Profecutor,  repreftnted,  that  this  laft  requeft  cannot,  in 
his  opinion  be  comphed  with,  feeing  thefe  letters,  vvith  the 
other  papers  in  the  fealed  parcel,  were  tranfmitted  to  this 
olfice  under  warrant  of  the  Court  of  Jufticiary,  for  the  pur- 
pofe  of  being  infpeded. 

NUM- 


C  'ss   ) 


,  N  U  M  B  E  R     IV. 

RECEIPT    OF    CAPTAIN    Itf  DOUGALL, 

For  Mr.  Muir's  pqffage  from  Havre-de-Grace  to  New-Torh 

Received  from  Mr.  Muir,  the  mm  of  nine  hundred  livres, 
for  his  paflage  in  the  cabin  of  the  &ip,  from  Havre-de-Grace 
to  the  port  of  New-York,  in  finding  him  with  ali  itores. 

A.  M'DOUGAL, 

Havre-de-Grace, 
P*iaj  lo,    1793. 


N  U  M  B  E  R     V. 
PASSPORT    AT    PARIS, 

REPUBLIQJJE    IRANCAISE, 
_  A..  DEPARTMENT    GE    PARIS. 

Pajfeport  delivre  en  execution  de  la  hi  du  7  Decemhre  1792^ 
/'  an  premier  ds  la  Republiqiie  Francaife. 

Vu  i'avis  du  Confcil  general  de  la  Coramune  de  Paris^ 
laifTez  paffer  le  citoyen  Thomas  Muir,  allant  a  Philadelphie, 
domicilie  a  Paris,  municipalite  de  Paris,  departemcnt  de  Pa- 
ris, natif  d'Ecoffe,  homine  de  loi,  age  de  vingt  huit  ans,  faille 
de  5  pieds  3  pouces,  chevenx  et  fourcils  chatain,  yeux  bleux, 
nez  aqaiiin,  bouche  moyenne,  menton  rond,  front  haut,  vi- 
fage  long  et  plein,  — ■  pretez-lui  aide  et  ailiftance,  au  befoin. 
Faite  en  dire6loire5  le  23  Avril  mil  fept  cent  quatre  vingt 
treize  ;  1'  an  deuxieme.da  la  P^epublique  Fran^aife  ;  et  a  le~ 
dit  citoy-en  Muir  figne  avec  nous  adminiilrateurs  compofant 
le  Diredoire  du  Departenient  de  Paris.  Approbatif 
Thomas  Muir.  Lehiauif^ 

Dubois.  Nlccleau,  prsfid, 

E.  J.  B.  MaiUard. 

Vu  par  nous  Miniftres  des  Affaires  Eftrangeres.     A  Parisg 
le  29  Avrilj  1'  an  2'me  de  la  Republiqae, 

Le  Brun. 

Maill^  Garaty  Gr, 

NUM- 


(    *3^ 


NUMBER     Yh 
i*  AS  SPORT    AT    CALAIS, 


REPUBLIQtJfi    FRANCAISE. 
AU    NOM    DE    LA    LOI. 

Bepartmeni  du  Pas  de  Calais^  Difvricl,  Municipalite  de  Cd- 

Iais> 

LaiiTez  palTer  le  Citoyen  Thomas  Miilr,  EcolTaiej  domi- 
cile a  Edinborgh,  municipalite  de diftrid  de de- 
partment de  — — =  age  de  28  ans,  taille  de  5  pieds  3  pouces, 
cheveux,  fourcils,  chatain,  yeux  bleus,  nez  aquilin,  bouche 
moyenne,  menton  rond,  front  rond,  vifage  et.long  et  plein  ; 
et  pretez-lui  aide  et  affiilance  en  cas  de  beloin,  allant  en 
France,  et  due  a  1'  etranger, 

Delivre  en  la  Maifon  Commune  de  la  Calais,  le  i^  Jan'- 
"/ier,  1793,  V  an  premier  de  la  Republique  Fran^aife. 

Thomas  Muir. 
Mauff),  Officier  Municipal. 
CellierbouUie,  Secretaire  et  Greffier 
que  afigiie  avcc  nous  le  prejeniu 


NUMBER    til; 

LETTER 

From  j.  muir,  to  capt.  george  towers. 

Glafgow,  iijl  July,  1793; 
Dear  S'tRj' 
I  am  at  a  very  great  lofs  how  to  anfwer  your  letter,  as  it's 
not  underllood  by  me  ;  but  if  it's  the  friend  that  I  have',  if 
it's  he,  I  would  be  overjoyed  to  fee  his  hand-writing,  and  to' 
know  what  has  become  of  him  thefe  three  months.  I 
thought  he  had  been  at  Philadelphia  ere  now,  where  letters 
are   forwarded  for    him;  and  if  you  are  to  ft  ay  anytime 

at 


(     ^37    ) 

^z  Felfafl;  be  fo  kind  as  write  in  couiTe  ;  and  I  will  com^ 
oVer  and  fee  you  and  him.  You  can  write  the  rime  ycu 
mean  to  ftay.  Mr.  John  Richardron,  a  Ton  of  Deacon. 
James  Richardfon,  I  f;uy  him  this  week  at  Gieenock,  where 
he  is  to  fail  in  the  Ahiiy  of  Nev/-York  diredly,  who  has  two 
packets  of  letters  for  him;  and  there  is  many  letters  wrote 
for  him  to  the  firfl  people  in  America.  And  once  he  were 
there,  he'll  get  letters  to  General  Wafliington ;  and  I  hope^ 
dear  Sir,  you'll  (liew  him  every  civility  in  your  power,  which 
I  hope  fome  i^ay  gratefully  to  thank  you  for  it.  There  is  a 
trunk  alfo  in  the  AlrD.y  for  hiin,  which  Mr.  Richardfon  will 
deliver  into  his  own  band.  Only  I  hncerely  wiili  you  a  i^ie^ 
pleafant,  and  fuccefsful  voyage,  and  a  happy  meeting  with 
your  friends.     And  1  remain. 

Your  raofc  humble  fervant, 

j»  MUIR. 

If  it's  the  perfon  Imean,  a  coufiii  of  his,  William  Muir, 
formerly  of  Leith,  is  lying  at  Philadelphia.  His  fnip  is  aa 
American  hottom.  The  lofs  of  this  young  man  has  been  a 
dreadful  affli(flion  to  U's.  Pieafe  give  your  friend  this  letter. 
I  honored  his  draft  m  favors  of  Mr.  Mafey.  Ple'U  get  his  let- 
ters at  the  poft-oflicc5  Philadelphia. 

I  hope  in  a  year  or  two  he  can  return,  if  he  doth  not  love 
America  ;  and  be  fo  good  as  caufe  him  write  me  one  line  ia 
your  letter.  Tou  can  direct  it ;  and  if  he  doth  not  chooje  t9 
.fign  it,  you  can  put  to  your  initials^ 


2^  U  M  B  E  P.    VIIL 
LETTER 

?R.OM  THOMAS    MUIR,    TO  CAPT.  GEOROE  TOWERS, 

Buhlin^  ^yth  July  1793. 
Dear  Sir, 

This  day  I  received  yours  *  and  will  be  down  iipon  TueA 
day  evening.     I  have  taken   my  place   in  the  coach  for  to. 

S  morrow. 


C     138     ) 

morrow.  I  am  happy  to  henr  my  friends  are  well.  I  will 
write  them  from  Beifafl.  Of  this  you  can  give  them  inform- 
ation.    I  am, 

Bear  Sir, 

Your  refpedful  Friend, 

THOMAS  MUIR, 

Capt.  George  Towers,  of  iht"^ 
American  fliip,  the  Hope,  | 
from  Baltimore.  —  Care   of  y 
MelirS'  Cunningham  &  Co.  j 
nierchants,  Belfaft.  J 


NUMBER     IX. 
LETTER 

FROM  MR.  MUIR,    TO  MP.  CAMPBETL,    WRITER    TO    THE  SIG- 
NET,   EDINBURGH. 

Paris,  yan.  23.  i  yg^. 
Dear  Sir, 

I  wrote  you  from  Calais  and  from  Paris,  and  impatiently 
expeft  your  anfwer.  Write  me  fally  about  my  private  af- 
fairs, but  about  nothing  elfe.  Whenever  you  and  my  friends 
judge  it  expedient  or  proper,  I  will  immediately  return,  but 
I  cannot  leave  Paris  without  regret.  I  am  honoured  by  the 
notice  and  friendfhip  of  an  amiable  and  diltinguifhed  circle, 
and  to  a  friend  of  humanity  it  affords  much  confolation,  to 
find  according  feelings  in~a  foreign  land.  Prefent  my  bell 
v/iflies  to  all  our  friends,  to  MefTrs.  Johnfton,  Skirving, 
Moffat,  Buchanan,  ISc.  Intreat  you  to  find  means  to  fend 
over  the  numbers  of  the  two  Edinburgh  newfpapcrs.  Tiie 
London  papers  come  here  but  irregularly.  One  wilhes  to 
know  what  is  going  on  at  home  ;  but  tell  my  friends;  it  is 
only  through  the  channel  of  nevi'fpapers  I  .can  leceive  that 
intelligence.  Write  me  under  the  following  cover,  Au  Ci-- 
toyen  lie  Coiidile,  hotel  de  Toulon,  Nc.  L  rite  dcs  FrJJes  da 
Temple*  Com,municate  this  addiefs  to  all  my  friends.  In- 
form 


{     139    ) 

form  tliem  no  letter  can  reach  me,  if  not  part  of  the  pofl- 
age  is  paid  in  Edinburgh. 

I  am. 

Dear  Sir, 

Yours,  l^c. 

THOMAS  MUIR. 

James  Campbell^  Efq.  Writer  to  the 
Signet,  Edinburgh,  Scotland. 

P.  S.    My  compliments  to  Mn  Dick ;  in  treat  him  to  take 
the  charge  of  my  things. 


NUMBER     X. 

SECOND    LETTER 
from  mr.  muir  to  mr.  campbeli,. 

Dear  Sir, 

I  have  written  you  frequently,  whenever  you  think  it  pro- 
per I  fhall  return.  At  the  fame  time,  honoured  as  I  am  by 
the  civihties  and  attention  of  many  amiable  charaders,  it 
vv'ould  be  with  reludance  I  could  quit  Paris  for  a  month  or 
two.  About  my  private  buiinefs  v.aite  me^  but  not  a  word 
on  any  other  fubjeft.  Remember  me  to  Johnfton,  Skirv- 
ing,  Moffat,  l^c.  Tell  them,  no  diftance  of  fpace  fliall 
obliterate  my  recolle6lion  of  them.  Write  me  punOualiy, 
I  entreat  you.  Caufe  them  likewife  write  me.  Omit  no 
poft.  My  addrefs  is  under  cover,  Au  Citoyen  Coiidik,  hotel 
de  TgiiIquj  No.  I.  me  des  FoJJes  du  Temple, 

I  am, 

Yours,  ^c 
Paris,  2'jth  Jan.  1793. 

THOMAS  MUIR, 

James  C.impbell,  Efq.  Writer  to  the 
Signer,  Edinburgh,  Scotland. 

S  2  NUM« 


(    HO   ) 

NUMBER    XI. 

LETTER 

rnoM  MR.  m'intosh  to  mr,  Campbell. 

Sir, 

I  have  to  acknowledge  the  receipt  of  your  letter  refpecl- 
fng  the  bufinefs  of  Mr.  Muir.  1  did  not  lofe  a  moment  ii^ 
iinding  a  fafe  and  fpeedy  conveyance  to  him  at  Paris  for 
your  ietrers,  and  thofe  of  his  other  friends  in  Scotland,  fent 
to  my  care,  I  delayed  from  day  to  day  in  the  perpetual  ex- 
pedition of  feeing  Mr.  Muir  here  on  his  return.  It's  now, 
hovvv  ver,  ;become  necelTary  for  me  to  inform  you,  that  he  is 
not  yei  come  ;  and  coniidering  the  extreme  anxiety  which 
he  mud  have  felt  to  return  as  foon  aspoiiible,  I  think  it  very 
probable  that  this  delay  ought  to  be  afcribed  to  the  em- 
bargo laid  on  the  vefTels  in  the  ports  of  France,  which  may 
perhaps  have  rendered  it  impofiible  for  him,  though  even  at 
Calais,  to  mike  his  paiTage  to  England,  I  think  this  pro- 
bability at  leaft  fufilcienily  great  to  be  pleaded  for  a  delay  ©f 
his  trial ;  and  it  is  to  enable  you  aud  his  friends  to  make  any 
lafe  of  it  that  you  may  think  St,  that  T  have  now  thought  it 
necelTary  to  communicate  this  if  ate  of  fads  to  you. 

I  am  J  Sir, 

S;,  CharlotterStreer,  Portland-'".  Yours,    feV. 

Place,  Feb.  7.  1793;  /  JAMES  MINTOSH. 


N  U  ]\1  B  E  R     XIL 

jI  DD  R.  E  S  S    FROM  THe 

oOCIETY  OF  UNI  FED  IRISHMEN  IN  DUBLIN, 

TO    THE 

DELEGATES   FOR   PROMOTING   A   REFORM 
IN    SCOTLAND. 

William  Drennan%  Chairrnan. 

AuCLillALD   IlAMILTOiV    RoWAN,    SeC- 

'  We  take  the  liberty  of  addrt ifing  you,   in  the  fplrit  of 

>.i/ic   union,  in  the  iellowfl-ip  of  a  juft    and  a  comraoi^ 
'  V  ■  '  caufe. 


(     HI     ) 

*  caufe.  We  greatly  rejoice  that  thefpirit  of  freedom  moves 
'  over  the  furface  of  Scotland;  that  light  feems  to  break 
*^  from  the  chaos  of  her  internal  government;  atid  that  a 
^  country  fo  refpedable  for  her  attainments  in  fcience,  in 
'  arts,  and  in  arms  ;  for  men  of  literary  eminence;  for  the 

*  intelligence  and  morality  of  her  people,  now  acls  from  a 
'  convidfion  of  the  union  between  virtue,  letters,  and  liber- 
^  ty ;  and  now  rifes  to  diilinftion,  not  by  a  calm,  content- 

*  cd,  fecret  wilh  for  a  Reform  in  Parliament,  but  by  open- 
'  ly,  adively,  and  urgently  willing  it,  with  the  unity  and 
'  energy  of  an  embodied  nation.  We  rejoice  that  you  do 
'  not  confider  yourfelves  as  merged  and  melted  down  into 
^  another  country,  but  that  in  this  great  national  queftiou 
^  you  are  iidl— Scotland/'— the  land  vvhere  Buchanan 
wrote,  and  Fletcher  fpoke,  and  Wallace  fought. 

Away  from  us  and  fr'>ni  o-'Ar  children  thofe  puerile  anti- 
pathies fo  unworthy  of  the  manhood  of  nations,  which  in- 
fulate  individuals  as  well  as  countries,  and  drive  the  citizen 
back  to  the  favage.  We  eiieem  and  w^e  refpect  you.  We 
pay  merited  honour  to  a  nation  in  general  well  educated, 
and  well  informed,  becaufe  we  know  that  the  ignorance  of 
the  people,  is  the  caufc  and  eiiecl  of  all  civil  and  religious 
defpotifm.  We  honour  a  nation  regular  in  their  lives,  and 
{Lricl  in  their  manners,  becaufe  we  conceive  private  mora- 
lity to  be  the  only  fecure  foundation  of  public  policy.  We 
honour  a  nation  eminent  for  men  of  genius,  and  we  trull 
that  they  will  nov/  exert  themfelves  not  fo  much  lu  perufiug 
and  penning  the  hidories  of  other  countries,  as  in  liiaking 
their  own  a  fubjscl  for  rhe  hilborian.  May  we  venture  to 
obferve  to  them,  that  mankind  have  been  too  retrofpeclive ; 
canonized  antiquity,  and  undervalued  themfelves.  Man  has 
repofed  on  ruins,  and  refted  lii.s  liead  on  feme  fragmenis  of 
the  temple  of  liberty,  or  at  mod  amufed  birnieb  in  pavnvg 
vho.  meafurernent  of  the  edifice,  and  nicely  lindring  iis  pro- 
portions ;  not  reflecting  that  this  temple  is  truiy  CHinolic, 
the  am.ple  earth  its  area,  and  the  arch  of  heaven  i':s  doine. 

*  "We  Will  lay  open  to  yr.u  our  hearrs.  Our  caule  is  your 
^  caufe — If  there  is  to   be  a  fcruggle  between   us,   let  it   be 

*  which  nation  fhaii  be  foremoil  in  the  raco  of  mind  :  let 
'  this  be  the  noble  aiiiniQiiry  kindied  between  u  ,  who  <ba!l 


^    142    ) 

*  firil  attain  that  free  conftitution  from  which  both  are  equi* 
^  diilant,  who  fliali  firfl  be  the  faviour  of  the  empire.* 

'  The  fenfe  of  both  countries  with  refpeft  to  the  intoler- 
^  able  abufts  of  the  confiitution  has  been  clearly  manifeft- 
'  ed,  and  proves  that  ourpoirical  fituations  are  not  dilTimi- 
^  lar:  that  our  rights  ar.d  wrongs  are  the  fame."  Out  of 
-;2  counties  in  Ireland,  29  petitioned  for  a  Reform  in  Par- 
fiam-ent;  and  out  of  56  of  the  Royal  Burghs  in  Scotland, 
t;o  petitioned  iox  a  Reform  in  their  internal  ftrudure  and 
Government,  If  we  be  rightly  informed,  there  is  no  fuch 
thin.;;  3-0  popular  elecirion  in  Scotland.  Tha  people  who 
<r:.i]::i/:-,r  to  poifefs  that  weight  in  the  popular  fcale,  which 
rnnrht  bind  them  to  the  ibil,  and  make  them  cling  to  the 
confliruiion,  are  now  as  dull  in  the  balance,  blown  abroad 
by  the  leall  impuh'e,  and  fcattered  through  other  countries, 
raereb;^  becaufe  they  liang  fo  loofely  to  their  own.  They 
have  no  fliare  in  the  national  Firniy  and  are  aggrieved  not 
only  by  irregular  and  illegal  cxadion  of  taxes;  by  mdfrule 
and  mifmanagement  of  corporations  5  by  mifconduft  of  felf- 
cleded  and  irrefponfible  raagiftrates ;  by  wafte  of  public 
property ;  and  by  want  of  competent  judicatares ;  but,  in 
our  opinion,  raoft  of  all,  by  an  inadequate  Parliamentary 
reprefcntation— for  we  .aiferr,  that  45  Commoners,  and  16 
Peers,  are  a  pitiful  reprefen ration  for  two  millions  and  a 
half  of  people  ;  particularly  as  your  Commons  confider  them- 
feives,  not  as  the  reprefentatives  of  that  people,  but  of  the 
Councils  of  the  Burghs  by  whom  they  are  eleded. 

Exclufive  charters  in  favour  of  Bughs,  mionopolize  the 
^;-nerai  rights  of  the  people,  and  that  act  muft  be  abfurd, 
v/iiich  precludes  all  other  towns  from  the  power  of  being 
reftored  to  their  ancient  freedom.- 

V/e  remember  that  heritable  jurifdictions  and  feudal  pri- 
vileges, though  cxprefsly  referved  by  tlie  ad:  of  union, 
<'20th  art.)  were  fet  ahde  by  aft  of  Parliament  in  1746,  and 
we  think  that  there  is  much  llronger  ground  at  prefenc  for 
rclloring  to  thci  mafs  of  the  people  their  alienated  rights, 
and  to  the  Conflitution  its  fpirit  and  its  integrity. 

Look  now  we  pray  you  upon  Ireland.  Long  was  this 
nntbrrunate  iiland  the  prey  ot  prejudiced  faftions  and  fero- 
cious parties.     The  righrs  or  rather  duties  of  conquefl  were 

dreadfully 


(     H3     ) 

dreadfu'ly  abufcd,   and   the  catholic  religion  was  made  the 
perpetual  pretext  for  lubjefting  the  fiai:e  by  annihilating  the 
cicizen,  and  dcdroying  nor  the  religious  perfaafion  bur  rhe 
man  ;  not  popery,  but  the  people.     It  was  not  till  very  late- 
ly, that  the  part  of  the  nation,  which  is  truly  colonial,  re- 
ceded that  though  their  anceltors  had  been  viftorious,  they 
themfelves  were  now  included  in  the  general  I'ubjedion ;  lub- 
duing  only  to  be  fubdued,  and  tranipled  upon,   by  Britain 
as  a  fervile  dependency.     When  therefore  the  Proteilants  be- 
gan to  fuller  what  the  Catholics  had  fuffered  and  were  faffer- 
ing  ;   when  from  ferving  as  the  inftrunients  they  were  made 
themfeives  thQ  objects  of  foreign  domination,  then  they  be- 
came confcious  they  had  a  country  ;  and  then  they  felt— an 
Irchmd. — They  refilled  Britiih  dominion,  renouficed  colo- 
nial fubfervience,  and  foliovving  the  example  of  a  Catholic 
Parliament  juft  a  century  before,  they  alferted  rhc  exclufive 
jurifdiction  and  legiilative  competence  of  tliis  iOand.  Afud- 
den  light  from  America  faone  through  cur  prifoo.    Our  Vo- 
lun-tecrs  arofe.  The  chains  fell  from  our  hands.  VvTe  followed 
Grattan,  the  angel  of  our  deliverance,   and  in  1782  Ireland 
ceafed  to  be  a  province,  and  became  a  nation.      But,  with 
reafon,  Ihouid  we  defpife  and  renounce  this  P^evolution,  as 
merely  a  traniient  burif  through  a  bad  habit ;  the  fuddcii 
grafp  of  neceffity  in  defpair,   from  tyranny  in  diiirefs,  did 
we  not  beheve  that  the  Revolution  was  ilill  in  train  ;  that  it 
is  lei's  the  iingle  and  fhining  act  of  82,  than  a  ferles  of  na- 
tional improvements  which  that  aft  uiliers  in  and  announc- 
es ;  that  it  is  only  the  herald  of  liberty  and  glory,  of  Cathu- 
lic  cmancipatioOj  as  well  as  proteifant  independence  ;  that, 
in  ihort  this  Revolution   indicates  new  principles,  foreruns 
new  practices,  and  lays  a  foundation  for  advrncing  the  v/ho'e 
people  higher  in  the  fcale  of  being,  and  ditlUiing  equal  and 
perrs^nent  happncis. 

Britilh  fuprcmacy  changed  its  p.fpeo:,  but  i::,     '"  '';e  re- 
mained the  fa.Tie,     Fird  it  was  force,   and  on  the  event  c:' 
the   late   Revo'utijn,   i""  ':scame  ioAlaence  ;  direct  hodiliL" 
fnified  into  fy.l^m  rruption,  lilently  drav/ing  oft'  th-j 

virtue  and  viwoia-  <A  ijic  iliand,  without  fhock  or  explofion. 
Cori'uptioii^lliat  glides^inro  every  place,  tempts  every  perfon, 
taims- ever)''  priiicipk,  infefts  the  political  niiad  through  all 

its 


(     M4    )      - 

its  relations  snd  dep?n':lencies  ;  fo  regardiefs  of  public  cbs" 
rader  as  to  fet  the  higbeft  honour  to  fale,  and  to  purchafe 
boroughs  v/ith  the  price  of  fach  proftitution  ;  fo  regardiefs 
of  public  morality,  as  to  legalize  the  iicentioufnefs  of  the 
loweft  and  molt  pernicious  gambling,  and  to  extradl  a  cala- 
mitous revenue  from  the  infatuation  and  intoxication  of  the 
people. 

The  Proteftants  of  Ireland  were  nov/  fenfible  that  nothing 
coijid  countcrad  this  plan  of  debilitating  policy,  but  a  radical 
reform  in  the  houfe  of  the  people,  and  that  without  fuch  re- 
form,  r.he  Revolution  itfelf  was  nominal  and  delulive — The 
ivheel  merely  turned  roiuid^  but  it  did  not  move  forward, 
2.Rd  they  were  as  difcant  as  ever  front  the  goal.  They  refolv- 
ed. — -They  convened,— -They  met  with  arms,-— They  met 
without  them. —They  petitioned.  But  all  in  vain — for,  they 
were  but  a  portion  of  the  people.  They  then  looked  around 
and  beheld  their  catholic  countrymen.  Three  million— vi^e 
repeat  it— three  million  taxed  wdthout  being  reprefented^j 
bound  by  laws  to  which  they  had  not  given  confent,  and  po^ 
lltically  dead  in  their  native  land.  The  apathy  of  the  catho- 
lic mind  changed  into  fympathy,  and  that  begot  an  energy 
of  fentiment  and  action.  They  had  eye&,  and  they  read. 
They  had  ears,  and  t!iey  liffened.  They  had  hearts,  and  they 
felt.  They  fai'd-— "  Give  us  our  rights  as  you  value  your 
own.  Give  us  a  (Iiare  of  civil  and  political  liberty,  the  elec- 
tive franchife,  and  the  trial  by  jury.  Treat  ns  as  men,  and 
we  fnall  treat  you  as  brothers,  ^  Is  taxation  without  repre- 
fentation  a  grievance  to  three  millions  acrofs  the  Atlanticj 
and  no  grievance  to  three  millions  at  your  doors  ?-^Throw 
down  that  pale  of  perfecution,  which  ilill  keeps  up  civil  war 
in  Ireland,  and  make  us  one  people.  We  fliall  then  (lands' 
fupporting  and  fupported,  in  the  affertion  of  that  liberty 
which  is  due  to  all,  and  which  all  fcould  unite  to  attain.** 

It  vv^as  juft — and  immediately  a  principle  of  adhefion,  took 
pU'ice  for  the  firll  time,  among  the  inhabitants  of  Ireland.—^ 
All  religious  perfuafions  found  in  a  political  union  their  com- 
mon duty  and  their  common  falvation.  In  this  fociety,  and 
its  affiliated  focieties,  the  Catholic  and  the  Prefbyterian  are 
at  this  inftant  holding  out  their  hands  and  opening  their 
hearts  to  each  other,  agreeing  in  principles,  concurring  in, 

prac- 


C    H5     ) 

praaice.  We  unite  for  immediate,  ample,  and  fubflantial. 
juflice  to  the  Catholics,  and  when  that  is  attained,  a  combi- 
ned exertion  for  a  Reform  in  Parliament  is  the  condition  of 
our  compacT:,  and  the  feal  of  our  communion. 

Britifli  fupremacy  takes  alarm.  The  haughtv  monopo^ 
lifts  of  national  power  and  common  right,  who  crouch  a« 
broad  to  domineer  at  home,  now  look  with  more  furprife  and 
lefs  contempt  on  this  "  befotted"  people.  A  new  artifice 
is  adopted,  and  that  reftlefs  domination  which,  at  firil,  ruled 
as  open  war,  by  the  length  of  the  fword  ;  then,  as  covert  cor^ 
ruption,  by  the  ftrength  of  the  poifon  ;  now  aiTumes  the  ftile 
and  title  of  Proteiiant  Afcendancy;  calls  down  the  name  of 
religion  from  heaven  to  fow  difcord  on  earth  ;  to  rule  by  a^ 
narchy,  to  keep  up  diftruft  and  antipathy  among  parties,  a- 
mong  perfuafions,  among  families,  nay  to  make  the  pafiions 
of  the  individuals  flruggle,  like  Cain  and  Abel,  in  the  very 
home  of  the  heart,  and  to  convert  every  little  paltry  neceiBty 
that  accident,  indolence,  or  extravagance  bring  upon  a  man, 
into  a  pander  for  the  purchafe  of  his  honefty  and  the  mur- 
der ol  his  reputation. 

We  will  not  be  the  dupes  of  fuch  ignoble  arufiees.    We 

*  fee  this  fcheme  of  ftrengthening  political  perfecution  and 

*  ilate  inquifition,  by  a  frefh  infufion  of  religious  fanaticifm  ; 

*  but  we  will  unite,  and  we  will  be  free.     Univerfal  EmaZ 
<  cipation  with  Reprefentatlve  Legijlature  is  the  polar  prin-. 

*  ciple  which  guides  our  Society  and  fhali  guide  it  through 
^  all  the  tumult  of  fadions  and  fiuauations  of  parties.      It: 

*  rs  not  upon  a  coalition  of  oppofition  with  miniftry  that  we 

*  depend,  but  upon  a  coalition  of  Iriihmen  with  Irifhmen, 

*  and  m  that  coalition  alone  we  find  an  objed  worthy  of  re' 

*  formj  and  at  the  fame  time  the  fttength  and  fmew  to  at- 

*  tam  and  fecure  it.     It  is  not  external  circumilances,  upon 

*  the  pledge  of  man  or  minifter,  we  depend,  but  upon  the  in» 
ternal  energy  of  the  Irifh  nation.     We  will  not  buy  or  bor-. 

^«  row  liberty  from  America  or  from  France,   but  manufac^ 

*  ture  it  ourfelves,  and  work  it  up  with  thole  materials  that 

*  the  hearts  of  Irifhmen  furnifh  them  with  at  home.     We 
«  do  not  worfhip  the  Britifh,  far  lefs  the  Irilli  Confiitution, 

*  as  fent  down  from  heaven,   but  we  conlider  it  as  human 
!  workraanihip,  which  man  has  made  and  man  can  mend, 

^-  *  Aa 


<     14^     ) 

i  An  unalterable Conftitution, whatever  belts  nature, muft  be 

*  defpotirm.    It  is  not  the  Conflitution  but  the  People  v/hich 

*  ought  to  be  invioiabie,  and  it  is  time  to  i  ccognize  and  reno- 
^  Vute  the  rights  of  the  Engiifh,  the  Scotch,  and  the  Irifli  na- 

*  tions. "-Rights  which  can  neither  be  bought  nor  fold,grant" 
ed  by  charter,  or  foreftalled  by  monopoly,  but  which  nature 
dictates  as  the  birthright  of  alj,  and  which  it  is  the  bufinefs 
of  a  conftitution  to  define,  to  enforce,  and  to  eftablilh.  If 
Government  has  a  fincere  regard  for  the  fafety  of  the  con- 
ilitution,  let  them  coincide  with  the  people  in  the  fpeedy  re- 
form of  its  abufeSj  and  not  by  an  obftinate  adherence  to  them, 
drive  that  people  into  Republicanifm. 

V/e  have  told  ypii  what  pur  iituation  was,  what  it  is, 
--^i'hat  it  ought  to  be  °  our  end,  a  National  Legillature  ;  our 
pieanSj  an  union  of  the  whole  people.  Let  this  union  ex- 
tend throughout  the  Empire.  Let  us  unite  for  all,  or  each 
jnan  fuffer  for  ail.  In  each  country  let  the  people  alTcm- 
ble  in  peaceful  and  conftitutional  Convention.  Let  dele- 
gates from  each  country  digeft  a  plan  of  reform,  beft  adapt- 
ed  to  the  fituation  and  circumftances  of  their  refpeftive  na- 
tions, and  let  the  Legiilatures  be  petitioned  at  once  by  the 
urgent  and  unanimous  voice  of  England,  Scotland,  and 
Ireland. 

*  You  have  our  ideas.  Anfwer  us.  and  that  quickly. — 
^  This  is  not  a  time  to  procrauinate.  Your  illuftrious  Fletch- 
^  er  has  faid,  that  the  liberties  of  a  people  are  not  to  be  fe- 
*-  cured,  without   pafliag  through  great  difficulties,  and   no 

*  toil  or  labour  ought  to  be  declined  to  preferve  a  nation 
*-  from  ilavery.     He  fpoke  well :  and  we  add,  that  it  is  iti- 

,"-  cumbent  on  every  nation  who  adventures  into  a   conflict 

*  for  freedom,  to  remember  it  is  on  the  event  (however  ab- 

*  furdiy)  depends  the  eflimation  of  public  opinion  ;  honour 
'  and  immortality,  if  fortunate  ;  if  ocherwife,  infancy  and 
*^  oblivion.     Let  this  check  the  rafhnefs  that  rufhes  unadvif- 

*  cdly  into  the  committal  of  national  character,  or  if  that 
^  be  already  made^  let  the  fame   confideration  impel  us  all  to 

*  advcHice  with  aclive  not  pallive  perfeverancc,  v/ith  manly 
^  confidence  and  calm  deteimin:ition,  Imiling  with  equal 
\  fcorn  ac  the  binder  of  o.^cial  arrogance,  and  the  whifper 

'  of  private  malevolence,  until  \ve  have  planted  the  flag  of  j 

*  Free- 


(     147    ) 

*  Freedom  on  the  fummit,  an.d  are  at  once  vidorious  and  k- 
^  cure." 


NUMBER     Xm, 
L  in:  T  T  E  R 

TO  THE  FRIENDS  OF  THE  PEOPLE- 

iThe  fQlIowing  Letter  was  publijhed  in  the  Edinburgh  Gazet" 
teer  of  March  i.  1793.] 

Paris,  February  13.  1793: 
Upon  the  evening  of  the  8th  of  this  month,  I  received 
letters  from  my  father,  and  from  my  agent,  Mr.  Campbellj 
informing  me  that  an  indictment  was  preferred  againll  me, 
that  my  trial  was  fixed  tor  Monday  the  i  ith  inftant  ;  the 
dift'  nee,  and  the  fhortnefs  of  the  time,  could  not  permit  me 
tp  reach  Edinburgh  by  that  day.  War  is  declared  between 
England  and  France,  and  the  formalities  requifite  to  be  gone 
t|irough  before  I  could  procure  my  palTport,  v/ould  at  leafh 
have  confumsd  three  days.  I  will  return  to  Scotland  with- 
out delay.-— To  fhrink  from  iianger  would  be  unbe- 
coming my  own  charader,  and  your  confidence  ;  I  dare 
challenge  the  molt  minute  inveftigation  of  my  pubhc  and 
private  conduct.  Armed  v/ith  innocency,  I  appeal  to  juf- 
tice;  and  I  difdain  to  fupplicate  favours.  I  have  haftened 
to  give  you  an  account  of  my  intention ;  and  1  am  happy 
that  a  private  gentleman,  Vv'ho  leaves  Paris  to-morroWj  af- 
fords ms  an  opportEcity  for  the  communication. 


NUMBER    XIV. 
LETTER 

f  ROM  W.   SKIRVING  TO  D.   STEWART,  ESQ_.  NO.  52.  FRITH-STREET, 

SOHO,   LONDON,    SECRETARY  TO  THE  SOCIETY  OF  THE  FRIENDS 

OF  THE   PEOTLE. 

Edinburgh^  Sept.  2.  1793. 
Sir, 
I  ought  to  have  wrote  you  on  Saturday,  to  give  your  So- 
ciety the  means   of  contradifting  the  afperfipn,  which  you 

will 


(    hb    )    ' 

will  fee  by  the  accounts  of  Mr.  Muir's  trial,  has  been  thrown 
Tjpon  them.  I  have  not  been  able  to  command  a  fettled 
thought  fmce  the  alarming  ilfue  of  that  afloniihing  trial.  I 
never  had  a  higher  opinion  of  any  peifon's  integrity,  up- 
rightnefs,  and  philanthropy ;  nor  is  it  diminifhed,  but  in- 
creafed.  The  feelings  which  I  muft  therefore  have  had  iince 
that  event,  will  plead  my  excufe  with  men  of  feeling. 

In  the  evidence  which  1  was  called  on  to  give,  I  Hated 
the  reafon  for  his  going  to  London,  and  that  I  had  received 
a  letter  from  Mr.  Muir,  v^hen  at  London,  explaining  the 
caufe  of  his  proceeding  to  Paris  5  which  letter  I  was  very 
lorry  that  I  could  not  produce,  though  I  had  preferved  i£ 
carefully.  Being  defircd  to  flate,  if  1  could  recoiled:  the 
reafon  which  Mr.  Muir  affigned  in  that  letter  for  his  journey 
to  Paris,  I  faid,  that  it  was  the  opinion  of  friends,  that  if 
Mr.  Muir  w^ould  go  to  Paris,  he  might  have  great  influence 
■with  many  to  mitigate  the  fentence  of  the  French  Kingi 
Thefe  friends  were  taken  for  your  Society  ;  and  much  free- 
dom was  ufed,  to  reprobate  both  the  Society  of  the  Friends 
of  the  People  in  London,  for  prcfuming  to  fend  a  miffionary 
into  another  country^  and  Mr.  Muir,  for  accepting  fuch 
commifTion.  But  I  declare  upon  my  honour,  that  thei 
thought  of  his  being  fent  by  the  Society  of  the  Friends  of 
the  People  in  London,  never  came  into  my  mind  :  And  if 
I  expreiied  myfelf  fo,  which  it  is  impoffible'  I  could  do,  I 
expreiTed  a  falfehood  ;  and  which  I  am  bound,  in  juftice  ta 
the  Society,  in  this  manner  to  contradid* 

Mr,  Muir  is  behaving  with  aftonifliing  manlinefs. 
I  am,  Sir,  your  obedient  humble  fervant, 

W.  SKIRVING. 

F    I    iY    /    ^,    - 


\ 


APPENDIX 

TO  THE  SECOND    AMERICAN   EDITION 

OF    MUIR's    T  Pv  I  AL. 

FROM  f?indry  BrltiJJj  prirts,  thefoIIo%uif?gcircvmJlancesrefpefK 
ing  Mk'  Muir  have  been  collect ed,  which  may  not  prove  umnterejiify; 
to  the  readers  of  his  trial ;  as  it  particularly  tends  to  JIjpxv  what  rigor  ^ 
ous  Jleps  the  Briti/h  governmeiit  have  already  taken  to  carry  into  ext- 
cidion  the  fcntence  pajfed  on  him  by  the  Court  of  Jujliciary  of  H^din- 
kurgh' 


Proceedings  in  Parliament, 

HOUSE    OF    PEERS. 

FRIDAY,    JANUARY  31. 

After  fome  preliminary  bufineld,   the  order  of  the  day  was   read^ 
by  the  Clerk,  at  the  table  : 

Eorl  Stanhope  rofe,  and  obferved,  that  he  did  not  firppofe  he  woulfti 
be  contradifted  \iy  any  noble  Lord  in  the  Houfe,    when  he  afierted,; 
that  an  examination  into  the  practice  oF  the  Courts  of  Juftics  m  this 
kingdom,  and  whatever  appertained  ^     .iiem,  and  the  condu£l  of  the; 
Judges,  formed  an  important  part  of  their  Lordfliips  duty,   more  e-l 
fpecially  when  any  thing  occurred    which  had  the  femblance  of  in-< 
juftice  or  oppreffion.       The  queftion  which  he  would  have    the   ho-i 
nour  to  fubmit  to  their  Lordlhips  was  one,  to  which,  from  its  fingu- 
larity,  he  could  not  iuppofe  they  were  itrangers.      If  it  were  allied,; 
if  he  had  a  precedent  for  what  he  was  going  to  move,  he  would  re-i 
ply,  that  in  his  mind,  precedents  were  unneceffary,  where  oppreilion 
was    great,    or    mifconduft    manifeQ-       For   it  was  the  unalienable; 
Righcs  of  the  People,  not  to  hold  precedents  neceflary,  v/here  Mag- 
na Charta  v^-as  abuied,    or  the  Laws  flretched  to  a  degree  ui.ju^ifia- 
ble.      But  if  fome  noble  Lords  required  precedents  to  hear  iiim  ouc 
in  his  argu merits,    he  would    even    meet  them  on  this   ground,    and 
ILate  three,  which  were  ihictiy  in  point.      Iw  the    reign  of  Wiiliaui 
and  Mary,  there  were  four  Acts  palled  to  reverfe  four  different   at- 
tainders.     Three  of  thefe,    particularly,    mutt  occur  in  the   mind  of 
tvery  noble  Lord  pre-!ent.      I'hey  were  thofe  which  referred  to  Al- 
derman Cornifh,     Algernon    Sidney,    and    Lord  RulTel,    who    were 
charged  with  Sedition  and  Trealon.       In  the  year  1689,    a  Bill  uai 
brought  in  to  reverfe  the  fentence  of  the  Court  of  Alderman  Corniii',,, 
which  was  read  on  the  2d.  day  of  June,   a  firll  time  ;   and  was  real 
a  fecond  time    the  fame  day,  and  then  committed.      From  tlie  cor- 
roborating; precedents  which  were  now  read  from  the  Journals    Earl 
Stanhope    proceeded   to    obferve,    that  the  B;ll  for  revinn.i  tiie   At-  || 
tainder  againft.  Alderman  CorniHi,  paJled  the  Comaions  in  the  cuune    ] 


(     n     ) 

c>f  four  days,  and  was  fent  up  to  the  Lords  for  their  concurrence : 
the  Attainder  again  ft  Alderman  Sydney  and  William  RuiTel,  com^ 
jnonly  called  Lord  Ruflel,  were  alfo  made  void  by  a  firailar  proccfs, 
iin  confequence  of  the  recommendation  of  his  Majefty  to  the  Houfe, 
to  take  the  fame  into  its  confideration.  Thefe  were  the  grounds  on 
which  he  would  bring  forward  his  motion,  with  refpedl  to  Mr, 
MuJr,  the  proceedings  againft  whom,  he  pronounced  to  be  of  the 
moft  extraordinary  and  in  his  mind,  of  the  moft  unjuflifiable  nature 
that   ever   came  before  a    Court  of  Juftice.     In  this   unexampled 

,tiial  their  Lordfliips  muft  be  furprifed  to  hear,  that  the  Lord  Advo- 

:cate  wasfuffered  to  brintj  forward  every  circumllance  which  he  thought 
necellary  to  criminate  the  Pannel,  though  not  contained  in  the  indi£l- 
ment  ;  and  the  pannel,  who  according  to  Law  and  Juftice,  ought  to 
have  availed  himfelf  of  the  circumllance,  was  not  admitted  to  do  fo  j 
becaufe  the  Lord  Advocate  declared,  that  if  the  charges  were  there 
inferted,  the  indidlment  would  cover  the  walls  of  the  Court.     The 

'law,  he  infilled,  allows  a  man  fifteen  days  notice,  and  a  copy  of  his 
indidlment,  that  he  might  produce  evidence  to  refute  the  charges 
againlt  him,  but  in  Scotland,  Meffrs.  Muir  and  Palmer  were  not 
allowed  a  day  to  prepare  and  exculpate  themfelves  from  the  charges 
made  againft  them  in  the  indictments.     Thus  far,  he  infilled,  that 

1  the  proceedings  againft  Mr.  Muir,  were  unconftitutional  and  oppref- 

i  five  ;  befides,  his  Lordfliip  contended,  that  he  was  entrapped  ia 
the  moft  Ihameful  and  unwarrantable  manner,  by  the  exculpatory 
evidence  not  being  given  him  before  the  day  preceeding  his  trial- 
The  noble  Earl  next  called   the   attention  of  their   Lordfliips  to   an 

.  opprefled  individual,  Mr.  Palmer.  This  gentlemen  was  feleded 
I  j  by  the  lale  Duke  of  Rutland,  as  a  friend  and  monitor,  and  had  by 
that  Nobleman  been  offered  preferment  in  the  Church,  which  for 
reafons  beft  known  to  himfelf,  he  declined-  He  faid,  that  fuch 
v/as  the  amiable  difpofition  of  Mr.  Palmer,  that  a  youno- gentlemen 
of  the  name  of  Ellis  his  pupil,  had  accompanied  him  in  all  his  mis- 

1  fortunes.  Such  was  his  attachment  to  that  unfortunate  gentleman, 
that  he  left  his  relations   to   accompany  him  on  board    the   hulks, 

I  and  he  was  now  immured  with  him  to  prifon.  Nay  more,  he  ac- 
lually  had  determined  on  perfevering  in  his  attachment,  and  intend- 

.  ed  to  become  a  voluntary  exile,  and  tranfport  himfelf  with  his  friend 
to  Botany  Bay  !  There  was,  his  Lordftiip  remarked,  an  informality 

I  in  his  trial,   that  he  believed  no   noble  Lord  in   the  Houfe   v^ould 

;  venture  to  defend  :  he  was  tried  by  one  name,  and  puniilied  by  a- 
uother.     Thus  the   perfon  convidled   was   never  indidled,  and  his 

I  cljallenges,  when   the  Jury   were  impannelled,  abfolutely   refufed 

I  on  the  part  of  the  crown.  If  fuch  was  law,  it  was  opprefiive,  and 
if  in  Scotland  it  were  admitted  as  fuch,  it  proved  the  melancholy 
fa6l,  that  in  that  country  there  is  no  more  liberty  at  prcfent,  thaa 

Itxifted  there  during  the  arbitrary  reign  of  the  family  of  the  Stuarts. 
If  fuch  meafures  were  countenanced  by  their  Lordfliips,  any  man 
I  was  liable  to  be  entrapped,  and  tranfported  by  the  Laws  of  Scothnd  j 


C   ill   ) 

bathe  would  not  wifli  to  imitate  the  example  of  the  Court  of  Jufticia-, 
^y>  by  condemning  ?-ny  man  before  he  was  heard  j  his  motion  will 
extend  no  farther,  for  the  prefent,  than  that  the  Judges  fhould  be 
heard  in  their  defence.  His  Lordfhip  faid,  that  his  only  wifh  was 
to  have  the  fentencc  of  tranfportation  fufpended  until  the  bufmefs 
was  thoroughly  inveftigated,  for  it  muft  give  pain  to  their  Lord- 
fhips  to  hear  of  the  death  of  this  unfortunate  exile,  on  his  paffa^e, 
while  they  were  debating  whether  he  were,  or  were  not  legally  con- 
yidled.     Earl  Stanhope  concluded  by  moving, 

^'  That  an  humble  Addrefs  he  prejentedto  his  Majejiy^  reprefentino-, 
uhai  their  Lordjhips  have  been  informed  of  the  Trial  and  ConviBion  of 
Thomas  Mtiir,  EJq-  before  the  Cotirt  of  fujliciary  in  Scotland,  and 
entreating  that  his  Mqjejiy  may  be  gracio^fly  pleafed  to  countermand 
the  fejitence  of  Uranfportation  t  and  alfo  to  reprefent  that  the  Houfe  in- 
tends to  proceed  aiul  examine  into  the  circumfances  ;  and  to  hefeech  his 
Majejly  that  the  faid  Thomas  Muir  be  not  tr a?  f ported,  until  the  Koufs 
has  hcidftifficient  time  to  make  fuch  examination-''^ 

Lord  Stanhope  obferved,  that  if  this  motion  was  agreed  to,  he 
would  follow  it  up  by  three  others;  one  of  a  fimilar  effeft  with  re- 
fpe£l  to  Mr.  Palmer,  and  the  others  relpe£ling  the  Judges  who  pre- 
iided  at  their  trials. 

Earl  Mansfield  declared,  that  he  found  it  difficult  to  reply  t©  his 
Lordlliip's  fpfech,  which  was  as  extraordinary  as  his  motion,  and 
which  was  the  mofl  fingular  that  it  ever  had  been  his  fate  to  Iiear 
fince  he  had  a  feat  in  Parliament.  The  Judges  of  the  Court  of  Jul 
fllciary,  to  which  he  had  the  honour  to  belong,  would,  he  pledged 
himielf,  be  ready  to  meet  the  cjueltion,  let  it  come  from  whatever 
quarter  it  may.  The  Noble  Earl  had  faid,  that  the  fpeech  of  the 
Lord  Advocate  was  highly  blamab.le,  Vi'hen  he  afferted  that  all  the 
charges  againft  the  prifoner,  if  inferted  in  the  indiftment,  would  co- 
yer the  vvalis  of  the  Court.  Theic  Lordlhips  would  indeed  b,e  placed 
in  a  V;Tetched  condition,  if  they  were  to  be  tried  bj'  their  fpceches 
as  reported.  A  fpeech  of  three  hours,  delivered  by  the  Lord  Advoo 
cate,  had  been  given  in  three  columns  of  a  newfpaper,  and  this  dif- 
tinguilhed  by  rt^arks  of  artful  raifreprefcntation,  while  Muir's  was 
given  at  confiderahle  length,  though  not  half  fo  long  in  delivery. 
The  matter  therefore  did  not  come  before  their  Lordlhips  in  any 
fhape  that  juflified  chem  in  agreeing  to  the  motion  made  hj  tne  No- 
ble Lord.  It  had  been  foieranly  determined  very  lately  in  that 
Houfe,  that  no  appeal  lay  to  them  from  a  fcntence  of  the  iSuprsme 
Criminal  Court  in  Scotland,  and  he  could  not  agree  to  the  pronofi^ 
tioa  before  the  Houfe.  As  to  the  legality  of  the  evidence,  it  vvas  a 
m-tter  to  which  he  would  make  no  reply  •  but  this  much  the  Houfe 
muft  admit,  that  all  the  charges  produced  againa  Mnir  were  proved, 
becaufe  proved  to  the  fatisfaftion  of  a  Jury  :  and  their  Lordlhips 
had  no  right  whatever  to  refufe  their  verdi£t. 

Thff  Duke  ofi^offolk  h\A,  if  the  paunel  had  be?n  prsvsntei  from 


(-   iv     ) 

obtainino-  exculpatory  evidence,   It  was  a  matter  extremeiy  reprs- 
lienfible  ;  but  as  the  bulinefs  did  net  come  before  the  Koufe  afililed 

'  by  proper  documents  and  affidavits,   be  did  not  fee  how  their  Lord- 
ihips  could  agree  to  the  motion^  5 

Lord  Lauderdale  agreed  with  the  Nqble   Esrl   who   prcpofed    the 
Addrefs  to  the  Crown  in    fome  of  the  principles    he  laid  down,    hut 

■  could  not  coincide  with  him  in  opinioin,  as  to  the  manner  of  wording 
the  prefent  motion.     He  faid,   the    Npble   Earl   bsd  not  brought  it 

'  forward  in  the  manner  he  could  wifla^  or  in  that  form  he  had  repeats 
ediy  urged  hisn  to  adopt;  he  wondered  not,  indeed,  at  the  general 
feeling  which  was  excited,  the  public  mind  was  interefted  in  the 
difculuon  of  the  prefent  motion  ;  nor  was  he  farprifed,  that  the  na- 
tion {hould  look  with  difguil  at  the  proceedings  of  the  High  Court 
of  Jufticiary,  with  regard  to  thefe  unfortunate  fufrerers  ;  he  did  not, 
pt  prefent,  mean  to  take  an  enlarged  view  of  the  fubjed  ;  but  tho' 
Jie  faould  p-ive  it  but  a  momentary  confideration,  he  could  not  avoid 
giving  it  a'^ferious  attention  ;  the 'feelings  of  the  public  were-ftrong^ 
ly  in  favour  of  thofe  exiles  ;  and  no  impartial  man,  who  refleaed 
for  a  moment  on  their  fituatiqn,  but  pitied  sad  condemned  :  howe, 
■ver  relu£lantly,  he  was  obliged  to  allow,  that  the  fame  perfon,  by 
croffing  the  Tweed,  if  tried  and  found  guilty  in  Scotland,,  for  a  fimi- 
iar  ofteuce  with  one  he  had  ccmmitted  in  England,  v.'ould  be  torn 
from  his  friends,  and  baniihed  for  14  years  ;  when,  in  this  country, 
the  mofl  fevere  punillT.'ment  he  would  experience,  woald  be  twelve 
niouths  imprifonment ;  in  the  prefent  inftance,  the  very  publications 
which  were  the  obje£l-  of  the  profecution,  were  taken  from  their  poc- 
kets, and  though  procured  in  this  ibameful  manner,  were  made  the 
foundation  qf  their_triaL  The  Noble  Earl  (Mawsfield)  has  told  the 
Houie,  that  ray  Npble  Friend's  information  has  been  derived  from 
a  polluted  fource  ;  the  printed  repcu  of  a  partial  pamphlet  or  newf- 
paper  :  The  Noble  Earl  is  wrong,  if  he  fuppofes  all  the  reports  on 
thefe  trials  are  fimilar— he  could  ihow  the  Noble  Earl  fome  editions, 
«wliich  leaned  clearly  and  entirely  to  one  fide  ;  but  even  thej  did 
Bot  contradia  the  ilatement  of  his  Noble  Friend  ;  (Stanhope)  there 
tvcrc  circumftances  which  attended  thefe  trials,  which  he  hefitactd 
not  to  fay,  were  moft  dreadful  in  their  nature,  and  which,  he  con- 
tended, relieved  no  fmall  difgrace  en  the  jurifprudence  of  Scotland  ; 
3ie  alluded,  he  faid,  to  witneites,  who  wen-  produced  againll  tlie  pan- 
pel,  being  threatened  with  iriiprilonment  for  life,  if  they  did  not  dif- 
clofe  every  thing  required  by  the  Court  of  Jufticiary.  Ke  would, 
on  a  future  day,  go  more  at  large  into  the  prpcetdings  of  the  Scotch 
Bar,  but  he  would  not  at  prefent  provoke  a  difcufiion  ;  he  had  re- 
jreceutedly  urged  the  Noble  Earl  not  to  bring  forward  this  motion 
«t\his  lime,  and  in  this  fi^.ape.  Since  i]ie  ^/pble  Lord  had  perfever. 
^d,  he  hoped  he  wquld  now  withdraw,  and  opt  require  a  divilion— 
tic' was  always  foriy  to  differ  with  the  Noble  Earl,  more  particular- 
•y  on  any  thing  which  related  in  the  fmalle'li  degree  to  thiv  fubjea, 
X  thofs  funercrs  ;  but  fie  could  not  fapport  it  in  its  prefent  fliape, 


(      V       } 

and  {ince  he  could  not  agree  v;Ith  the  Noble  Earl,  he  would  give  nc- 
vote  oa  the  cuettion. 

I^he  Lord  Chancellor  faid,    that  he  v./ould  not  have  troubled  their 
Lordfliips,    but  tiiat  he  wifbed  to  remove  an  impreffion  with  regard 
to  the  mifconduct  of  the  Magiftrates    of  Scotland  :  it  was   not,    he 
faid,  the  cullom  in  this  country,  or  in  Scotland,  for  prifoners,  when 
found  guilty  of  any  offence,    to  look  for  a  revilion  of  their  fentence 
from  the  Pa-.iiament  of  the  country,     it   wss   a   proceeding   which 
appeared  to  him  novel,   and   he  hoped  would  not  be  countenanced. 
There  was  a  fettled  mode  laid  down  for  prifoners  to  proceed,  when 
found  guilty  by  their  coantrj,  if  they  imagined  any  thing  bad  been 
omitted  which  might  niake  for  their  defence  ;  or  if  any  thing  after 
occurred,  which  they  fuppofed  might  induce  a  mitigation  of  puniib- 
inent,  mercy  was  open  ;  but  they  fhoald   look  for   mercy  from  the 
Crown,   not  from  Pariiarnento     From  his  own  experience  he  could   ;[ 
ilate,   that  &ny  petition  prefented  to  his  Msjelly  was  oftener  treated 
with  mercy,  than  rejected  with  fe verity.       With   refpe£l  to  MeiTrs. 
Muir  and  Palmer,   no  petitions  were  oiFered  to  his    Majefty,   or  his 
Miniilers  ;  but  though  they  declined  laying  any  ftatement  of  their   ■! 
cafe  before  his  Maiei]"y,   yet  the  watchful  vigilance  of  the  Minifiry 
inquired  into  every  minutis  of  the  trial,   and  from  the  information 
they  had  proc\ired  on  the  fuhiitt,  he  mud  declare  it  his  pofitive  opi- 
nion,  that  the  fa'Slsp^cyed  at  the  trial  warranted  the  verdifl  of  the 
Jury,  and  the  fentence  palled  by  the  Court  of  Tufticiary.      The  No- 
bie  i<ari  ha'^  told^you^    the  panncl  n-as  not  alluv>'ed  to  challenge  any 
Of  the  Jury  who  uere  felecled  to  try  the  indietnients  ;  but,  my  Lords, 
let  Us  examine  what  were  ihe  ground;  of   the   challenge,    what  the 
raufe  of  the  refufaL     1  he   only  objeclion  he  could  cffer  was,    thatj 
they  v;ei"e  Members  of  a    Society  who    had  declared  themfelves  at« 
tached  to  the  Gonuitution,  which  had  been  inft-cuted  to  prevent  in- 
novation and  didu'bance— he  hsd  no  other  caufe  of  challenge  ;  had 
this  been  allowed  the  panncl,   the  conutry  niight  be  fearched  before 
a  Jiiry  could  be  procured,    who  might  r.ot  be  liable  to  a  fiaiilar  ob 
jeciion.      But  the  Noble  E^rl  has  iTiade  another  objeifcion  (a  mifno 
mer  in  the  Indiiiaieot)  in  tiie  caie  of  Mr.  Palmer  ;  any  one  acquaint- 
ed with  the  Law  of  Scotland,    tiiuS:  knoA'  that   fuch  an  error  in  ih 
Indictment  could  not  reverfe  or  alter  the  decilion,   and  the  ouly  ad- 
vantage the  Paanel  could  derive  was  another  trial  in  fifteen  dsys  af 
ter-— thefe  are  the  principal    grounds    on  which  the    Noble  i^arl  at- 
tempts to  fupport  his  motion,   refufal  of   challenge,   and  nijfnoirser 
But,  my  Lords,  thefe  are  not  grounds  fufHeiently  flrong  for  Uo  to  in- 
terfere with  the  deoiiions  of  the  Court,  or  to  reverfe  that  fentence 
which  was  infllded,    on  fober  and   temperate   confideiation,      Yol 
jGiouid  not  intevfere  vMth  the  facred  charafters  of  your  magiO.riires, 
till  you  have  reafons  cerrain  and  fatisfaclory  to  convince  you  of  tlieii 
jnifcpndutt.     You  a^e  not   to  rely  on  the  authoiity  of  Newfpanei*! 
attached  to  oppofite  parties  ;   nor  are  you  to  regulate  your  opinion^ 
from    pamphlets  ;  but  fureiy,    my  Lords,  ^yca  will  csped  docul 


C     vi     ) 

jnents,  you  wiirexpc^  fatisfactory  ftatements  ;  before  you  agree? 
with  the  motion  of  che  Noble  Lord,  you  will  expeQ:  fornething 
more  than  aflercion.  He  would  not  now  enlarge  on  the 
proper  coridu6l  of  the  Court  of  Judiciary  ;  he  ftiould  be  happy 
ihould  the  conduft  of  that  Court  be  called  in  queftion,  to  have  an 
opportunity  of  informing  their  Lordfliips  his  reafon  for  approving  it. 
He  fhould  not  now  volunteer  in  their  defence;  if  he  did,  he  would 
only  expofe  himfelf  to  the  fame  rebuke  which  that  perfon  received) 
vsrho  warmly  volunteered  in  fapport  of  the  Government  of  Venice, 
and  who,  after  all  his  exertions,  was  told  '  That  that  Government 
required  nothing  but  its  excellence  for  its  protection-'  He  was  fure 
the  Conftitution  ot  Scotland  v/as  admired  by  the  inhabitants  of  that 
Country  ;  they  were  too  well  acquainted  with  the  happinefs  they 
enjoy  under  it,   to  require  any  perfon  to  fland  up  in  its  defence. 

Lord  Thurlow  made  many  obfervations  on  the  danger,  and  the 
impropriety  of  treating,  with  any  ill-grounded  contempt,  the  facred 
charafters  of  mag^Ilrates.  He  faid,  had  any  doubt,  any  fufpicion  of 
error,  been  entertained,  the  naatter  fbould  have  been  left,  or  referred 
to  the  Judges,  and  he  was  certain  thofe  dignified  charaders  v^ould 
readily  acknowledge  any  miflake,  and  be  happy,  en  good  grounds, 
to  revfcrfe  the  proceedings.  His  Lordlhip  went  at  large  into  the 
hiftory  of  the  Court  of  Jufliciary  ;  and  afferted,  that  as  the  motioq 
flood  at  prefent,  it  could  not  receive  kis  fupport.  His  Lordfliip 
was  of  opinion,  that  excellive  punirnments  marred  the  ends  to  which 
they  were  directed.  The  times,  it  had  been  faid,  called  for  extra- 
ordinary feverity  in  fuch  cafes  ;  but  it  ftiould  be  tl^rongly  imprinted 
on^e  mind  of_every  inan ^^  tb ^L  when  fuch  times  ceafed  to  exiii». 
thefe  decifions  might  be  ufcd  as  inijruments  to  pervert  the  arm  of 
Juflice  to  Oppreflion. 

Lord  Stanhope  laid,  What,  my  Lords,  is  there  no  other  way  of  ob- 
taining juilice  in  this  country,  but  by  petition  ?  Mull  the  injured 
prifoner  itoop  and  fawn  to  Miniflers  for  that  juilice  to  which  he  is 
entitled  ?  Has  he  no  other  way  left  to  prevent  his  tranfpovtatjon  to 
foreign  countries^  his  being  baniihed  from  his  friends,  and  degraded 
like  a  criminal  ?  if  nothing  \vili  be  liftened  to  but  petition,  talk  not 
to  me  of  liberty  ;  in  Scotland  there  is  none*  Is  this  the  language 
to  be  ufed  in  a  Free  Country?  When  we  come  forward  here  and 
Hate  opprelTion,  will  you,  who  are  the  guardians  ot  the  people's  hap- 
jpinefs,  turn  from  the  enquiry  ?  If  we  rejedl  paying  every  attention 
|o  their  caufe,  we  difcuarge  not  the  facred  trull  repofed  in  us — it  iS, 
|or  this  purpofe  we  hold  our  feats  in  the  Houfe. 

He  then  divided  the  Houfe,  when  there  appeared 
Content  i.  Not  content  49- 

DifTentient.    ifl,  Becaufe  the   attending  to  the  due  admlnldration 

Jultice,  and  the  watching  over  the  condufl  of  the  various  courts  . 
h  this  kingdom,  is  one  of  the  molt  important  branches  of  the  biifi- 

is  of  this  houfe,  and  it  is  at  all  timca  alio  one  of  its  nioft  eflenlial 

.ties. 


C    ^H    ) 

'  "idly.  Becaufe  It  obvioufly  appears  to  be  proper  to  examine  into 
thejuilice  and  legality  of  a  fentence,  before  it  is  executed,  and  not 
to  permit  it  to  be  executed  firfl,  and  then  to  examine  into  its  jullice 
and  legality  afterwards. 

3dlv,  Becaufe  for  want  of  fuch  timely  interference  on  the  part  of 
this  houfe,  it  has  tormerly  happened,  that,  within  a  fhort  time,  no 
lefs  than  four  unjaft  and  illegal  judgements  were  adlually  carried 
into  execution,  as  appears  from  the  refpe^iive  attaindeis  of  the  inno->  i 
cent  fufferers  having  been  afterwards  reverfed  and  made  void  (when  ; 
it  was  too  late)  by  four  afts  of  Parliament,  made  and  paffed  in  the 
firft  year  in  the  reign  of  their  late  Majefties  Kins  William  and 
Queen  Mary,  namely,  in  the  cafes  of  Alderman  Cornifli,  Alice  Lef« 
lie,  Algernon  Sidney,    and  Lord  Fvuffel.  i 

4thly,  Becaufe  it  is  contrary  to  the  firft  and  immutable  principles   ] 
of  the  natural  jullice,  that  any  thing  to  the  prejudice  of  a   defend- 
ant fhould  be  brought  before  a  jury  in  a  criminal  profecution,  that 
is  "  only  collateral,  not  in  iflue,  not  neceffary  in  the  conclulion.'' 

^thly,  Becaufe  it  is  not  (nor  ought  to  be)  compefent  for  the  pro- 
fecutor  to  produce  any  evidence  to  fupport  any  matter  that  is  not 
charged  in  the  indiftment ;  that  is  to  fay,  diftindly  ard.  precifely 
charged,  and  not  by  mere  epithets  or  general  words,  fuch  as  oppref- 
fion,  fedition,  vexation,  or  the  like- 

6thly,  Becaufe  in  like  manner  it  is  not,  (nor  ought  to  be)  compe- 
tent for  a  profecutor  to  produce  any  evidence  to  prove  any  crime  to 
have  been  committed  by  a  defendant,  in  an}'  other  particular  than 
that  wherein  it  is,  in  the  indiftment  exprefsly  charged  to  have 
been  committed. 

Tthly,  Becaufe  no  fuch  proceedings  as  thofe  above  flated,  nor  any 
of  them,  can  be  juilified  under  pretence,  that  ''  If  it  had  been  necef- 
fary  to  fpecify  in  the  indidlment  all  the  fafts  againft  the  defendant, 
the  indictment  would  have  covered,  by  its  magnitude,  the  walls  of 
the  court.''     And 

8thly,  Becaufe  in  one  year  of  the  trial  of  Warren  Haftings,  Efq. 
namely  in  the  year  one  thoufand,  feven  hundred  and  ninety,  there 
were  no  lefs  than  four  decifions  of  the  houfe  of  Lords  upon  this  fr.b- 
je£l,  viz.  on  the  twenty-fiftli  day  of  February,  when  the  Lords  refol- 
ved, 

That  the  Managers  of  the  Commons  be  not  admitted  to  give  e- 
vidence  of  the  uniltnefs  of  Kelleram  for  the  appointment  of  being  a 
renter  of  certain  lands  in  the  province  of  Bahar  ;  the  fa£l  of  fucli 
unfilnefs  of  the  faid  Kelleram  not  being  charged  in  the  impeach- 
xnent. 

And  again  on  the  4th  day  of  May,  when  the  Lords  decided. 

That  it  is  not  competent  to  the  Managers  for  the  Commons,  to 
put  the  following  qneftion  to  the  witnefs  to  the  Seventh  Article  of 
Charge,  viz. — Whether  more  opprefRcas  did  actually  exifl;  under  the 
new  inftitulion  than  under  the  old  ? 


(      Viii     ) 

^   And  again  on  the  rSlb  day  of  May,  when  the  houfc  of  Lords  re- 
loivcd, 

laat  it  is  not  competent  to  the  Managers  for  the  Commoxns,  to 
give  evidence  of  the  enonniiies  aclualij'  comiatted  by  Deby  Jjing  ; 
the  lame  not  being  charged  in  the  impeachment^ 

And  agaia  on  tiie  2d  day  of  pmc,  when  the  L,ords  refolved, 

That  xt  is  not  competent  for  the  Managers  on  the  part  of  the 
Comraons,  to  give  any  evidence  upon  the  Seventh  Article  of  the  im- 
peachaient,  to  prove  that  the  letter  of  the  5th  of  May,  1781,  is 
falfe.  In  any  ottier  particular  than  that  wherein  it  is  esprefsly 
charg-ed  to  be  falfs. 

The  faid  diviilons  or  the  Houfe  of  Lords  are  founded  upon  prin- 
ciples not  peculiar  to  trials  by  impeachment.  They  are  founded 
upon  common  lenfe,  and  on  the  immutable  principles  of  julfice-  In 
Scotland  thofe  principles  are  peculiarly  necelfary  to  be  adhered  to, 
inafrr.uch  as  by  the  laws  of  that  part  of  the  united  kingdnm,  a  de- 
fendant is  cblis^ed  to  oroduce  a  complete  lift  of  all  his  wituelTes  in 
exculpation,  the  day  before  the  trial--— That  alone  appears  to  me  a 
conliderabie  hardf'iip.  Bat  if  after  inch  lift  is  adlually  delivered  in 
hy  the  defendant,  any  fafts  for  fuppofed  fa£ts)  not  particularly  fee 
forth  as  crimes  in  the  indictment,  may,  on  the  following  day,  for 
the.  hfft  time,  and  without  notice,  be  fuddenly  brought  out  in  evi- 
dence upoM  the  trial  a-'ainft  the  defendant  ;  fuch  defendant,  frona 
fiich  an  eiitrapping  mode  of  trial,  mav  be  convifted,  akhoagh  inno«* 
cent.  Such  proceedings,  vrhether  fapportcd  or  unfupported  by  an 
old  Scotch  itatute  palled  in  arbitrary  times,  ought  I  conceive,  to  be 
levifed'  For,  in  a  free  country,  there  ought  not  to  be  one  mode  of 
adminiftering  juftice  to  one  man,  namely,  to  Mr.  Hiillings,  and  an 
oppoute  mode  of  adminiilering  juftice  to  another  man,  namely,  to 
Mr.  Muir- 

Stanhope. 


*^*  Mr.  Muir  was  conveyed  in  a  King's  yacht  from  Edinburgh 
jail  to  Newaate,  where  he  was  loaded  with  irons  ;  and  on  the  pch  of 

I  February  was  conduced  to  the  place  appointed  for  his  embarkation 
to  New  South  Wales-  Mr-  Palmtr,  with  60  female  convicts,  were 
fent  otF  fome  days  before-  They  iiad  their  heads  Ihaved,  were  deriied 
the  ufe  of  their  clbtbes,  and  obligjed  to  ufe  the  fame  apparel  and  pro- 
■vifioiis  with  the  common  convifls-       O'l    March    15,   they  were   on 

[  board  a  tranfport  at  Spiihead,  and  were  to  fail  oa  the  Friday  after 
•for  Botany  Bay.