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Maps, platas, charts, ate., may ba fiimad at diffarant raduction ratios. Thosa too iarga to ba antiraly Included in ona axpoaura ara fiimad beginning in tlia upper left liand comer, left to right end top to bottom, aa many framae aa requin>«.. The following diagrama illustrate the method: Lea cartM, kiianches, telBleeux. etc., peuvem Atre fiimAe A des taux da rAduction diffArents. Lorsque ie document est trop grend pour Atre reproiduit en un seui clichA, 11 est filmA A partir da rangia supArleur gauche, de geuclie A droHe, et de haut an bee, en prenant la nombre d'imeges nAceeeaire. Las diagrammes sulvants illuatrent la mAthoda. 1 2 3 1 2 3 4 5 6 THE LIFE OF THOMAb MUIR, Esq. Advocate, TouMQXE or Hvimtwmm, ate. nc. :^:- ',.% ^i1 k i.- * *\K NOBLER MAN LIVES NOT THIS DAY WITHIN THE CITY WALLS." t , t :*f:.:^ i. THE LIFE or THOMAS MUIR, Esq. Advocate, YOUNGER or HUNTERSHILL, NEAR OLASOOW i MCUBBR OF THE CONVENTION OF DELEGATES FOR REFORM IN SCOTLAND. ETC. ETQ WHO WAS TRIED FOR SEDITION BBFORI THE HIGH COURT OF JUSTICIARY IN SCOTLAND, AND SIKTINCSO TO TRANSPORTATION FOR FOURTEEN YEARS. WITH A FULL REPORT OF HIS TRIAL. nv PETER MACKENZIE. 'r GLASGOW: W. R. M'PHUN, TRONGATE; SLMPKIN & MARSHALL, LONDON. ' MDCCCXXXL K'U i r * + , . ^ , V. f A ^ m ,L. ••* • »■ I Edward Khull, Printw, Otangow. ;^ ■ \ h. -i , f fr -.'!') [ i,;.-'-''^ '■'> .'?'•'. "*f ■■ <'"'> '■ '• ' i t • 1.:.. TO THE RIGHT HONOURABLE FRANCIS JEFFREY, ;-f5-;:: LORD ADVOCATE OF SCOTLAND. "r i . ^". •i 1 •: f t T ■ * 1 * • My Lord, ^ t Throuohout these kingdoms, and even in distant lands, your name has long been known as the eloquent Advocate (^ Civil and Religious Liberty. 'i Elevated as your Lordship now is to one of the highest judicial stations in Scotland, it affords unspeakable satisfaction to your countless friends and admirers — among whom let me be reckoned one of the most humble, but not the less en- thusiastic. — It affords, I say, unspeakable satisfaction to one and all of us, to find, that you have not forgotten for a mo- ment, those great and noble Principles, which formerly guided your conduct, — the Principles of the immortal Charles James Fox ; but that you have now rather given them a loftier tone, and will ensure for them, if possible, a more comtianding attention. The circumstance, that, vrith the exception of your late distinguished and ever-to-be-remembered friend, the Honour- able Henry Erskine, your Lordship is now the ^rH Re- former who has filled the situation of Lord Advocate of Scotland, is of itself enough to fix you completely in the hearts of the People. And I am sure I do not overcharge the statement when I say, that your Lordship is at this moment one of the most esteemed and popular men in Scotland, j : *f. 300;»181 VI •'?» It is fur these reasons — niul for another, to which I shall presently alliulc, that I now presume to Dedicate to your Lord- ship, in the first instance* the touching and extraordinary History of a man — not, I believe, altogether unknown to your Lordship, since he was once a distinguished Member of the Scottish Bar; — but who, it is well known, was prosecuted like one of the vilest criminals, at the instance of one of your Lordship's predecessors in office, — I mean the Right Honourable Robert Dundas, ** o{ blessed memory " because he presumed to think for himself — to act like an honest man — a Christian — and a Patriot, in the worst of times ! It is unnecessary for me to refer your Lordship more par- ticularly to the iniquitous — the disgraceful trials which took place in Scotland in the year 1793 ; for no man is better acquainted with the history of that frightful period than yourself. I am much mistaken if your Lordship does not share the feeling in regard to them, which was expressed by Fox, by Sheiudan, Whitbread, and Adam, " in stronger language (as it has. been fitly said) than was ever uttered within the walls of Parliament" ^(h;//!!' f( My Lord, If it be true that good and virtuous men were persecuted and hunted to death in this country some 40 years ago, for advocating the immutable principles of Right and Reason — of Truth and Justice — the great comfort to their surviving followers and friends now is, that their predictions and principles have already been realized. " Were I to be led this moment from the bar to the scaffold, I should feel the same calmness and serenity which I now do. My mind tells me, that I have acted agreeably to my conscience, and that I have en- gaged in a good, a just, and a glorious cause,— a came which sooner or later must and will prevail, and, by a timely Rtform, save this country from, destruction.** These, my Lord, were the memorable words of Thomas MuiR, when he was placed at the Bar of the High Court of Justiciary, — surrounded by soldiers with drawn bayonets, — on the 31st of August, 1793. And can there be a doubt, that ere the 31st of August, 1831, the Reform Bill, for which he paved the way, will have been triumphantly carried into Law? The be St. Jei pel Vlf sonti incuts— the very words of Thuma.s Muiii— Iiuvc been nl ready cchoetl by your Lordship, and other great men, in Parliament. Rut, I presume, no Ghost of any of the Dund- AH8E8 has yet troubled you. Be pleased, my Lurdi to peruse these pages— imperfectly and hastily written. And my highest ambition will be grati- fied, if the concluding appeal, 1 have taken the lilnirty feebly to makoi should meet with the approbation of your Lordship. PEOPLE! • • - OF ENGLAND, IRELAND, AND SCOTLAND, I NOW present you with the history of one of the most amiable Reformers that ever breathed, — of one of your first — your best — your bravest friends, — who suffered more on your account than tongue can tell. Would that he was now among us to participate in our feelings, and to enjoy the reward of his great exertions I — But we entertain " the well-grounded hope," that he is now in a better world, where Tyranny and Corruption cannot exist. Let us thank God, that we live under the mild and paternal sway of one of the best and most Patriotic Princes that ever graced the Throne of these Realms. * Let us reflect, — and be for ever grateful, — that our Gra- cious King — whom God long preserve — has turned his back on our enemies; and that he has called to his Councils, the long-tried, firm, and faithful Friends of Freedom! For when we turn our eyes to England ! and behold, that next to our King, we have a Grey, a Brougham, a Den- man, and a Russel; — When we turn them to Ireland ! and behold that we have an Anglesey, a Plunkett, and a Stanley ; — To Scoi'land ! and behold that we have a Jeffrey, a Cockuurn, and a Murray; — may we not feel perfectly assured, that in such hands our Rights and Liber- ties are safe and sacred? . .. ^. - . , m Reformers ! — Let us now only be true to ourselves. We have otherwise nothing upon earth to fear. — For who shall dare to touch one hair of our heads? Therefore, with hearts full of loyalty, let us, I say. Rejoice ! I have the honour to be, My Lord, And Fellow Reformers, Your ever faithful and devoted humble Servant, P. MACKENZIE. I '», PoaTLAMo Stbbr, Laumbrom, Ghugow, April II, 188L Ul ai LIFE OF THOMAS MUIB, Esq. YOUKOER OF HUMTER8HIIX. A\^^i^ . -r Mr. Thomas Muir was bom in Glasgow, on the 24th of Auffust, 1*765. His parents were highly respectable. Beins their only son, every care and attention, was naturally paid to him. He was instructed in the elementary branches of his education, by the late Mr. Daniel M'Arthur, one of the masters of the Grammar School of Glasgow, under whose able tuition, he had made such proficiency, that on the 10th of October, 1775, when he was yet little more than ten years of ace, he was sent as a student to the University. .For five Sessions he attended regularly all the junior classes; but at this time, it does not appear, that he gave token, of that dauntless spirit of independence, and noble love of liberty, which afterwards distinguished his short, but melancholy career. His early habits, were rather of a reserved and modest nature — and as he paid great respect, to the pious and exemplary conduct of his parents, it is believed that his attention was at one time turned to the Church, with which view he studied Divinity, for a couple of years. His amiable and kind-hearted disposition, certainly harmonized with that Profession ; and for his own sake, as well as for the peace and appiness of his more immediate relatives — it is perhaps to be regretted that he did not follow it. He finally resolved to go to the Bar, and the comfortable circumstances of his father easily enabled him, to carry that resolution into effect. He purchased many rare, and valuable books — made himself master of several foreign languages — and in short sedulously devoted himself, not merely to the science of the law, but to the acquisition of every kind of useful knowledge. He latterly studied a course of Civil Law, for two years, under the immediate direction of the late Professor John Millar, of Glasgow, who was probably one of the best Jurists that this country ever produced. His works are now known throughout Europe, and every lover of liberty reveres his memory. Mr. Muir was particularly attached to this good and eminent man, and it was while undeir his tuition that an event occurred which created much noise at the time in i Glasgow, which roused the feelings of the Students, nnd led them to adopt a line of action not more honourable to them- selves* than it has proved instructive and beneficial to their successors. During the session 1783-84, one of the learned Profes- sors,* in consequence of some dispute with his colleagues, was suspended by them from his office as a. member of the Juris- dictio Ordinaria. Whether this proceeding was right, or wrong, it excited the indignation of a number of the Students, who were attached to the Professor, by his abilities, engaging manners, and venerable age. They therefore determined, if possible, to procure him redress. At that time the celebrated Edmund Burke, was Lord Rector of the University. This high office, is in the gift of the Students. It is conferred by their free suffrages, on such individual as they think fit, and though the election takes place annually, the Lord Rector for the time is generally continued in office, for two years suc- cessively. Mr. Burke was applied to, by the Students, to exert his influence in behalf of their favourite Professor — but he either treated the application with indifference, or refused to interfere. This conduct naturally provoked the Students, and they resolved to strip Mr. Burke of the office of Lord Rector at the next election — and to confer it on the late Robert Graham, Esq. of Gartmore, a genuine Whig, and one of the first commoners in Scotland. The majority of Pro- fessors were greatly offended at this threatened proceeding towards Mr. Burke. They did every thing they could to prevent it; and in consequence of the powerful influence which they then exerted, by threats, intimidation, and other- wise, they were able for a short time to frustrate the inten- tions of the Students. Mr. Burke was re-elected in 1 T84. It is in vain to repress the warm feelings of youth— and accordingly this conduct of the Professors, just determined the Students, to persist more clamorously, for the attainment of their object. They now took higher ground, and threat- ened a petition to His Majesty, to appoint Commissioners to inquire into, and redress, the above, and other grievances of which they complained. The majority of Professors, by this time, had attempted to take the election of Rector into their own hands, and to deprive the students of this their only popular privilege. But the attempt wns manfully and suc- * The late John Anderson, Professor of Natural Philosophy, and the distinguished founder of the Andersonian Institution, to whom the citizens of Glasgow, und the friends of science throughout the world, are so much jndelDted. / , ...',.■■:-:/, ■*■<,- 3 r - ' >* ' cessfully resisted. Mr. Graham was triumphantly elected Lord Uector in the session of 1785.* Ana it is worthy of remark, that from that day to the present, the Students of the University of Glasgow, — to their honour be it spoken, — have been peculiarly tenacious of their privileges, and with only one or two exceptions, have never since failed to choose as their Lord Rectors, men, the most distinguished in the land, as advocates for popular rights, and for civil .and reli- gious liberty. We need only mention, in this short but splendid array, the living names of Francis Jeflrey — Sir James Macintosh— Henry Brougham — Thomas Campbell — and the Marquis of Lansdowne. Mr. Muir participated warmly in the feelings of his fellow Students on the above occasions. He now threw off his wonted habits of reserve, and became one of their most enthusiastic and admired leaders. With others, his companions, it was alleged, that he had written some smart offensive squibs against certain of the Professors — a practice which is fre- quently resorted to, in the heat of political debate, and is sometimes amusing and harmless enough. But this was a sin that could not be tolerated, in the present instance, and accordingly, early in the next session, a circular letter was despatched from the Faculty Hall, to all the Professors, emoining them not to admit within their classes Mr. Thomas Muir and twelve other young gentlemen named in it. This step, whether it was harsh or proper, justifiable or unjustifi- able, created a good deal of sensation within and without the walls of the College. Mr. Muir was earnestly urged to make an humble, and humiliating apology, to the oflended Professors, as the means of restoring him to favour ; but he Eointedly refused to do any thing of the kind, and turned his eel on the University of Glasgow with feelings of indignation and disgust. He remained, however, on terms of personal intimacy and friendship with Professors Anderson and Millar to the last. He now went to Edinburgh, where he studied for two years longer, the different branches of Law, &c. in that Uni- * We find Mr. Graham founded, in perpetuity, a prize, being a gold medal, of the value of at least five pounds, to be presented annually to the Student who should write the best Discourse on Political Liberty ; the medal to contain this motto, beneath a figure of Liberty presenting a wreath of laurel, " Libertate extincta nulla virtus" We mention this in order that the Students, now, may take the hint, and see whether the Professors have religiously adhered to the special intention of the donor, by awarding this Gold Medal to the author of the best discourse on Political Liberty* xs:^ 4 versity ; and in the year 1787 he was admitted a Member of the Faculty of Advocates. Deeply versed in the erudition necessary for a lawyer, and enriched with a store of general knowledge, he set out as an advocate, without any thing to hope for from the favour of the great, or from an extended circle of influential friends. His talents were soon admired, and he obtained considerable practice and reputation at the bar, much earlier than is gene- rally the case, or than he himself could have anticipated. He was a fluent, and eloquent speaker, and always evinced uncom- mon zeal and anxiety, for the interests of his clients — qualities which were of course greatly in his favour. But amidst the fatiguing routine of business, and the seductive amusements of a great city, he did not abandon those early habits of piety and devotion, which he imbibed under his father's roof} nor was he ever lukewarm in the cause of religion.* As an Elder of the parish church of Caddttr he frequently, as in other places, extended his charity most liberally to the poor. He has often been known to plead the cause of the injured and oppressed, sometimes successfully, before the Courts, without fee or reward. And frequently, in the Generfd Assembly of the Church of Scotland, has he exerted his talents, in behalf of its venerable tenets. This amiable man, — for such surely we may call him, — ^had now been about five years at the Bar, and was advancing rapidly, to the head of his profession, when the malignity of arty spirit broke out against him, and speedily accomplished is destruction. , It is well known that the French Revolution of 1793, created a prodigious sensation in this country, the eflects of which are not yet eradicated, if they ever will. Violent political parties arose, who approved, and condemned it. A mind cultivated, and sanguine, like Mr. Muir's, could not behold with indif- ference, the dawning and progress, of that great event. The blow aimed at priestcraft — the abolition of hereditary offices and honours — the recognition by a great people, of the first principles of freedom, and just government — the obstacles which opposed it — and the numerous advantages which it promised to the world, and to posterity, all conspired to interest in its behalf the intelligent of all nations, and to attract their attention to the causes which produced it. About this time, or rather before the French Revolution • Vide Correspondence between him and the Rev. Mr. Dunn, inserted in the Appendix. fi aer of r, and as an our of 'lends, erable > gene- d. He ncom- jalities dst the enients ibits of ■'s rooff As an ^, as in e poor, injured Courts, jreneral 'ted his n, — ^had vancing nphshed , created 'hich are i\ parties iltivated, th indif- »t. The ry offices ' the first obstacles which it spired to I, and to it. evolution , inserted in actually breVe out, an Association had been formed in London under the name of the " Friends of the People,'* for the purpose of procuring a Reform in Parliament. To preserve, or rather to restore, the purity, of the British Constitution ; — to keep within proper bounds, the already overgrown influence of the Crown ; — to secure the independence of the House of Com- mons ; — to render its members, what they have always pre- tended to be, — the " representatives of the people ;" — to conr solidate their interest with that of the nation ; — to check cor- ruption and prodigality; — and to avert the horrors of a Revolution among ourselves, — were the important objects, which this Association held up to view. They published an Address, which, without containing any specific plan of Reform, was calculated in the first instance, to rouse the attention of the Nation to the subject. This Address came forth under powerful auspices, for its immediate promoters were men, of the first character in the realm, either as sena- tors or philosophers. And there can be no doubt that a majority of the people, instantly, and cordially, responded to it. Meanwhile the French Revolution was making rapid strides — and a strong desire began to be manifested by the people of this country, for political information, on that, and other subjects, more nearly concerning themselves. This information, when obtained, only enabled them to see more clearly the nature of their own rights, while it laid open the errors and defects, which had unfortunately crept into our own government, and consequently augmented the desire for Reform. At this ticklish period, Mr. Muir stepped forward, to aid, and assist, the cause of the people. On the 1 6th October, 1*792, a public meeting was held within the Star Inn, Glas- §ow, at which his friend, the late Colonel Dalrymple of For- el, presided. Mr. Muir, and many of the respectable inhabitants of Glasgow, attended that meeting, and formed themselves into an Association, under the title " Friends of the Con^ittUion, and of the People" th>; object of which was, to co-operate with the Friends of the People in London in pro- curing a Reform of the House of Commons. Citizens of every description, were invited to attend the meeting, and behold the purity of its proceedings. Before any person could be admitted as a member of the Association, it was incumbent on him to subscribe a declaration, expressing his adherence to the government of Great Britain, as established by King, Lords, and ComnfOns ; and it was strongly recom- mended to the office-bearers of the Association to pay par- ticular attention to the moral character of those who applied for admission. We find, that at this early period, the GlWow Association, transmitted a vote of thanks to the present pre- mier, then the Honourable Charles Grey, for his exertions in the cause of Reform. His answer to it was that " to deserve well of my country has always been the height of my ambition." On the above principles, and having the single object of Reform in view, numerous Associations, or Societies, were formed at that time in towns, and parishes, throughout Scot> land, composed principally of persons belonging to the middle ranks of life, who have always been regarded, as the most intelligent, independent, and valuable part of the nation. Mr. Muir enjoyed great presence of mind, which never forsook him on any occasion, and that good quality, coupled with his ready tact, and fluency of language, eminently fitted him to shine, in public discussions. Accordingly, in these Societies, as elsewhere, his honourable profession, and envi- able talents, soon made him the object of general attention. He became a popular member of the Society in Glasgow, Kirkintilloch, and other places in Scotland, to which he was invited ; and when he attended these Societies, or any other Society, having for its object the cause of Reform, he always spoke in its behalf with energy, propriety, and effect. He' conjured the people, to adhere steadily, to the great principles of the Constitution. He put them on their guard, against the villanous seduction of hired spies, who then unhappily had begun to brood in the land ; — and, above all, he pomted out to them, the dangerous consequences, of the least tumult or insurrection, among themselves, which would be fatal to the object of their Association, and highly criminal. The Right Honourable WiUiam Pitt was Prime Minister of this country in those days. Our attention must now for a jnoment, be directed to him— nd certainly nothing can be more instructive, and withal more humiliating, than to mark the flagrant political apostasy, of great public men. In the year 1782, (before he was captivated with the charms of ofiice) it is notorious that Mr. Pitt (in conjunction with the then Duke of Richmond) was a bold, and deter- mined advocate, in favour of Reform. He went the utmost lengths to which that measure has ever been proposed to be carried by its most violent partizans. He was, in truth, an advocate for Annual Parliaments, and Universal Suffrage. He declared " that the restorati^ of the House of Commons to freedom and independency, by interposition of the great collective body of the nation, is essentially necessary to our existence as a free people." He declared that "an equal representation of the people, in the great council of the nation, annual elections, and the universal right of suffrage, appear so reasonable to the natural feelings of mankind, that no sophistry can elude the force of the argumciits which are urged in their favour ; and they are rights of so transcendent a nature, that in opposition to the claim of the people to their enjoyment, the longest period of prescription is pleaded in vain. They were substantially enjoyed in the times of the immortal Alfred — they were cherished by the wisest Princes of the Norman line — they formed the grand palladium of our nation — they ought not to be esteemed the grant of royal favour-^nor were they at first extorted by violence, from the hand of power. They are the birthright of Englishmen — their best inheritance, which, without the complicated crimes of treason to their country, and injustice to their posterity, they cannot alienate or resign. They form that triple cord of strength^ which alone^ can he relied on^ to hold, in times qf tempest, the vessel of the state.** • > Such is a small specimen of the language of a man, who has often been called, by his warmest friends and admirers, " the Pilot of the State.** If the language had even been somewhat more moderate, or subdued, the country would have been grateful for it. But Mr. Pitt became Prime Minister in 1784, and gave his former professions the lie ! Ah ! it would have been well for the country, if he had stopped here, and done nothing more. We are afraid we shall be obliged to notice him again in no very flattering terms. The history of the British Constitution shows, that an ever watchful jealousy, on the part of the people, is its animating principle, to which it is mainly indebted for its excellence and permanency. If this jealousy, sometimes wrong, but oftener right, and always offensive to men in power, were once tamed and suppressed — if, instead of the .people judg- ing about the government, the government should presume to judge, and control, the opinions of the people, the/or^M of the Constitution might remain, but its spirit and character would be for ever gone. In such a crisis an honest and impartial jury becomes our only safeguard. These Reform Associations of 1793, by reason of their prosperity, and accumulated moral strength, became highly offensive to the Administration of Mr. Pitt. And, with a view to divert the attention of the public from them for a 8 little, it was whispered by some of the ministerial journals of the day, that the Ministry itself, in Parliament, would bring forward a plan of Reform calculated to meet the wishes of the nation. This flattering prospect was hailed with trans- port by many, who auffured from it the preservation of peace — the diminution of public burdens — the improvement of com- merce — and, in short, a long succession of happy days. But the real and intelligent friends of Reform, after what they had witnessed, could place no reliance on the professions of the Pitt Administration,* or its hirelings, on this subject These friends, therefore, did not relax their labours for a moment in the good cause. Mr. Muir was still the most active among them. Various public meetings, or " Convention of Delegates^' (as they were called), from all the different Reform Societies in Scotland, were held in Edinburgh during the years 1792, and 1793, at which Mr. Muir, and his friend, the Earl of Selkirk (then Lord Daer), frequently presided. At one of these meetings, (21st December, 1792,) Mr. Muir read the celebrated Address from the Society of United Irishmen in Dublin to the Reformers in Scotland, which we believe was transmitted to him by his friend Mr. Archibald Hamil- ton Rowan, who we understand still survives, and is one of the most distinguished men and venerable patriots in Ireland. This Address is couched in warm and glowing language. What, for instance, can be more beautiful, or more gratifying to the feelings of a Scotchman than the following lines, being its first paragraph ? " We take the liberty of addressing you in the spirit of civic union, in the fellowship of a just and a common cause. We greatly rejoice that the spirit of freedom moves over the face of Scotland — that light seems to break from the chaos of her internal government ; and that a country so respectable in her attainments in science, in arts, and in arms ; for men of literary eminence ; for the intelligence and morality of her people, now acts from a conviction of the union between virtue, letters, and liberty ; and now rises to distinction, not by a calm, contented, secret wish for a Reform in Parliament, but by openly, actively, and urgently willing it, with the unity and energy of an imbodied nation. We rejoice that you do not consider yourselves as merged, and melted down, ^nto another cpuniiry, but that, in this great national ques- * How nobly have the present Ministry— unlike that of E^tt-Hredeemed its promise to the country ( . >umals of luld bring wishes of rith trans- n of peace nt of corn- lays. But what they fessions of is subject. 3urs for a the most Delegates" n Societies ears 1792, the Earl I. At one iir read the rishinen in aelieve was Id Hamil- d is one of in Ireland. language. gratifying ines, being le spirit of non cause. es over the he chaos of respectable for men ality of her n between nction, not Parliament) , with the 'ejoice that Ited down, ional ques- tt— redeemed tion, you are still Scotland — the land where Buchanan wrote, and I* letcher spoke, and Wallace fought !" Yet this address, — the whole tenour of which — is highly complimentary to the Scottish nation, and breathes a spirit of patriotism and peace, rarely equalled, was actually denounced m the year 1793, as a species of wicked and abominable Sedition ! Is it — can it^be a sin, for us, the youthful Reformers of the present day, to step forward and attempt to rescue the character of our generous neighbours, as well as our own fore- fathers, from such an imputation ? In the year 1831, who shall say, that this is sedition ? The ministry of Pitt had now boldly set face against all and every kind of Reform. The patrician policy, of ancient Rome, seems to have been resortecl to, and it has been alleged, and there is strong reason to believe, that a war with France was actually courted just to engross the public attention — to sink these societies for Reform altogetner — and to arm that Ministry with a vast accession of influence and military power. This, by the bye, looks something like the game, which that poor silly old tyrant Charles the 10th and his Polignac Ministry, thought they could play to advan- tage last year in France, when they sent their armament to A^iers. At any rate, there cannot be the smallest doubt, that under the auspices of the Pitt Ministry, the principles of the old French Revolution were industriously and shamefully misrepresented, in order to fix odium on the friends of Reform in this country, who, it was said, intended to imitate the " bloody example" of the French. These friends of Reform were called a set of traitors — pillagers — and cut -throats. Not a word in the vocabulary was black eniough for them. They did not receive credit for one single good intention, no not one. The very word " Equaliti/^* which had been adopted by the French, to signify an equality of political rights, and pri« vileges, was gravely explained by our clergy to mean, an equa- lity o{ property. Hence tliC Reformers were called " leveiiers.'* Sermons were preached, up and down the country, in favour of passive obedience to rulers, alias the Divine right of Kings: and because the Reformers could not swallow that doctrine, they were called " Demagogues." The revolutionary excessea in France, which every honest Reformer sincerely lamented, were quaintly ascribed to the evil genius of " a democratical system of government." And it cannot be forgotten that Edmund Burke (not saying any thing of the thousands of small fry who swarmed about the Treasury) received a goodly pen- sion of some thousands a-year for traducing the French Revo- 10 i lution — for calling his own countrymen (tlie Rcfonncrs) " ii Swinish multitude/'and other bad names, which were continued to be heaped upon them, down till the days of Sidmouth, Castle- reagh, & Co. Better manners fortunately, have now got among us — yet by the above, and a thousand other artifices, the Min- istry of Pitt, contrived to gull the country, and blazoned forth, that the friends of Reform, were the deadly enemies of ^he Constitution. The alarm thus sounded, and too generally believed, was dexterously improved by the Ministry. They played so well on the fears, and feelings, of the Nation, that they thought they might safely try their hand, and make a few State experi- ments, on the persons, and feelings, of the Reformers. They accordingly singled out some of the most active of these Re- formers against whom the artillery of the law was ordered to be directed with all its fury. Down came the Right Honourable Henry Dundas, Lord Advocate, from London. He set the machinery of the High Court of Justiciary in order ; — and a better Advocate for a State prosecution, could not be found. Not a single Reformer, that came through his hands^ had the least chance of escapes-one and all of them were found guilty — Of what ? ITie reader will see by and bye. Mr. Muir was one of the first Reformers laid hold of in Scotland. On the 2d day of January, 1793, he was apprehended and carried for examination, before the Sheriff of Edinburgh, on a charge of Sedition. Acting in conformity to the course which he had uniformly at the Bar, recommended to others to observe, he declined to give any answer to the special questions which were put to him, because he considered that such examina- tions, were incompatible with the rights of the subject. Accu- sare nemo se debet nisi coram Deo. He was liberated, at this preliminary stage of the business, on finding sufficient bail for his appearance on some future occasion. The situation of Mr. Muir now became extremely un- pleasant. Not only was the cause he had espoused scandalously traduced, but the friends of it, were wantonly persecuted. And God knows, it must have been appalling enough, even to a stout heart, to fall under the lash of the Lord Advocate of Scotland in those days, in a political prosecution, projected by the Ministry, and for the success of which they panted. Yet Mr. Muir never flinched from, or belied, his political prin- ciples one moment. Indeed, he has been often heard to declare, that he would rather go to the scaffold than make the least surrender of them. Truly it may be said of him that he was — ' *^"'*" rs) "tt itinued Castle- among e Min- 1 forth, I of the ' ed, wns so well thought experi- They ese Re- ed to be lourable ! set the r ; — and e found, had the id guilty Id of in ehended urgh,on se which observe, US which ixamina- t. Accu- 1, at this ient bail lely un- idalously ;d. And iven to a rocate of jected by ed. Yet :al prin- leard to an make i of him A firm,— unshaken,— uncomipted aoul Amid • aliding age. One circumstance annoved him greatly. He thought he had secured many professional friends at the Bar, as well as in other places, who would have stuck to him to the last. They now, either knit their brows at him, or shunned his society altogether, — while others, in a more elevated station, did not hesitate to treat him, with rude insolence. In doing this they only imitated the example set them at head- quarters.* Mr. Muir now resolved to leave this country for a short time, and visit France. Some of his friends have regretted that he took that step, because it gave his enemies an addi- tional reason to traduce and malign him. In fact, any man in this country, who held the least communication with France, at that period, was reckoned a traitor; and accord- ingly, it was stated, that Mr. Muir had gone to France as an "Envoy or Ambassador from the Friends of the People," to aid the Revolution in that country, and to lay the plan for kind- ling it in his own. Nothing could be more false. The real motive which induced Mr. Muir to visit France, was, that he might shun the abominable treatment to which he was exposed in this country, and have his feelings gratified, and his mind instructed, by witnessing the astonishing change that had taken place in the habits and sentiments of a great people. Nor did Mr. Muir leave this country for France in a sudden or clandestine manner. He openly avowed his inten- tion of going thither ; — and he took care, to instruct his agent, Mr. James Campbell, then a respectable Writer to the Signet, in Edinburgh, and latterly, an eminent, and respectable Soli- citor, in London, to apprize him, the moment that any crimi- nal Libel or Indictment was raised against him, in order that he might return home and meet it. * Can it ever be forgotten, that Robert Burns — the immortal Bard of Scotland — who to the disgrace of his country was placed in the miserable situation of an Excise officer, tirom which he never was elevated, was actu- ally on the eve of being turned out of that situation, because he presumed to advocal^ the cause of Keform and Liberty. — Poor Burns thus tells the story himseir, in a letter to Mr. Erskine of Mar, 13th April, 1793: " Indeed (says he) but for the exertions of Mr. Graham of Fintry, who has ever been my warm and generous friend, I had, without so much as a hearing, or the slightest previous intimation, been turned adrift, with my helpless family, to all the horrors of want." And in the same letter he states that the Board of Excise had issued orders to him, " that his business was to act, not to think ; and that whatever might be men, or measures, it was for him to be iilent and obedient" Such tyranny ! — and to such a man ! I 12 Mr. Muir arrived in Paris the evening before the execiitiun of Louis XVI : — an event which he greatly depiureil, for whether or not, it was necessary, to satisfy the justice of the French nu ion, he saw that it would exasperate the other Crowned heads of Europe, who would likely lead their sub- jects into a war, and thus retard the growth of freedom. He judged rightly : Great Britain, already in an attitude of menace, blew the first trumpet, and the Nations flew to arms. The clash of bayonets, — the fears of a foreign invasion,— the victories of Napoleon Bonaparte, &c. &c. kept down for about twenty years the voice of the Reformers. The cause itself lay dormant till the " Holy Alliance" gave it a shake in 1814, which roused the spirit of the old Reformers, and opened the eyes of the new. In 1817, thousands of Re- formers transmitted petitions to Parliament, expressing their regret, that the blood, and treasure, of the nation, had been so long and lavishly squandered, upon the Continent; and now that peace was restored, they earnestly prayed, that Parlia- ment would be pleased to turn its attention to the evil of its own ways, and satisfy the country by effecting a wise and practical Reform. We know how these petitions were treated. The Administration of Lord Liverpool, the members of which had been the apprentices of Mr. Pitt, set up the cry that the Church and the Constitution were in danger ! This answered the purpose most admirably for a little. The Re- formers were again accused of entertaining most horrible designs, and their petitions were scouted, lliey nevertheless persevered: and if thousands of Reformera existed in lol7, they increased to tens of thousands in 1819 and 1820. The cry of the Ministry now, was, t* it " Plots and Coi*- SPiRACiEs" existed in the countrv and unfortunately the rash conduct of a few weak n-«cn gave a handle to the Ministry and their retainers, to run down the whole body of Reformers. The result was, that wo had a few executions for High Treason, — some Gagging bills, and a suspension of the act of Habecu Corpus. Enough for that period ; but, judging from these examples, we are persuaded, that if the question cf Reform had been fairly thrust on the attention of the DuKe of Wellington and his late Ministry, they, as a dernier report, would have appealed to these recent disgraceful bur^i'^ti^s in England, — which every sensible man wonders at, — and cvf j • good man ueplores. We have indeed heard it^ sonifiw.iere qu&iMtly stated, that " the deceased Ministry kit the troubles o^ the country, a legacy to Earl Grey, who having taken out letters m iCUtlUll ed, for of the ! Other lir sub- i. He ude of u arms, sion,— ; down . The ave it a brmers, of Re- ig their been so ,nd now Parlia- ril of its ise and treated, bers of the cry ! This 'he Re- horriblc irtheless n lol7, 3. The Coi*- tely the to the body of ecuMons nsion of Kamples, lad been ;ton and lid have [;land, — ood man qufintly js O)" the at letters ; of Administration, is acting as execwior to the Wilt, of the Duke of Wellington."* But thank Ood, the »y»fem of gaggery, and delusion, which so long existed in i.nir!iat tly settled? — We answer— because we have a graci< n\s K 'tnk_ a liberal Ministry —and an enlightened People. Tht; Boioughmongers of England, are now driven lo their lu i ditch.— Every nour is fast finishing them. — The trade of a spy is out of repute. And the doors ot the Treasury are shut, we hope for ever, against these, and all the other unprincipled men, of former times. And now, as if to enable us, to expose the blind and crooked policy of the Pitt Administration, and to mock at the fears of the old alarmists, we, the inhabitants of Great Britain and Ireland, have clopt our hands with joy at the late glorious Revolution in France, and have openly and cordially, addressed that heroic people, calling them our friends, and brothers, in the cause of Freedom. We beg pardon for this digression, which we hope will not be considered impertinent, and recur to the narrative. While at Paris (where he remained for about six months)* Mr. Muir was introduced to Barras, Condorcet, La Fayette, and many other noble and distinguished individuals, from whom he experienced numerous acts of hospitality and kindness. And on the 23d January, 1793, he thus writes from France, to his agent, Mr. Campbell. " I wrote you from Calais, and from Paris, and impatiently expect your answer. Write me fully about my private afrairs^ but abi>»»t nothiiT^ else. Whenever you and my expedient, or proper, I will immediately 1..V iC frienc' , ^ return; but I cannot leave Paris without regret. I am honoured by the notice, and friendship of an amiable and distinguished circle ; and to a friend of hum«nity, it affords much consolation to find, according feelings, ti a foreign land." And shortly afterwards, he again writes to Mr. Campbell.— * Vide Examiner, 16th January, 1831. 14 " Whenever you think it proper I shall return. At the same time, honoured as I am, by the civilities, and attention, of many amiable characters, it would be with reluctance, I could quit Paris for a month or two." During his absence, however, the dirty work of persecution was keenly hatching against Mr. Muir in this country. Many individuals, who enjoyed his confidence and friendship, were now strictly examined, by official functionaries, as to the tenor even of the private conversation which had passed between them. Some, who had perhaps never thought seriously on the subject, now began to look grave, — to shake their head, " And on the winking of authority To understand a law." Othei-s, from a pitiful desire to " curry favour" with the men in power, condescended to act like pettifoggers in procuring evidence against him. And not a few who were once proud to have called him their friend, seeing that his back was turned, and that it was fashionable to run him down, basely forsook all pretension to his esteem, and joined the ranks of his known enemies. As an example of all this, we are con- strained by a sense of duty to point out one individual, — a reverend gentleman too, now no more, not for the purpose of injuring his memory, for that cannot be done, since it is already too well known, but because it is useful to see how one of the ministers of religion, conducted himself, in apolitical prosecution in this country — and at our own doors — in the year 1793. The reverend gentleman, to whom we refer, had known Mr. Muir from his infancy. They were bosjm friends, " Coupled and link'd together With all religious strength of sacred vows ;" And after Mr. Muir had gone to the bar, and was rising to eminence, this reverend friend not only kept up a corre- spondence with him, but used frequently to sojourn, under the hospitable roof of his parents, and to pour into their ears, sweet words of praise, about their darling son. He thus acquired their unbounded confidence. He applauded the political tenets of Mr. Muir. Nay, he was himself a reformer — at least he pretended to be so, and actually recommended some of the very books for which it will be seen Mr. Muir was afterwards condemntd for the having in his possession. But the moment the ministers of the Crown denounced Mr. Muir, that moment this minister of religion turned upon him 15 le same tion, of I could ecution Many p, were le tenor jetween lusly on ' head) the men 'ocurins e proud ftck was I, basely ranks of are con- iual, — a irpose of ice it is see how political — in the i known ds, rismg to corre- p, under eir ears, le thus ded the eformer mended r. Muir ssession. ced Mr. )on him like a serpent. His own stinff would have been powerless, because, for aught that appeared, Mr. Muir had never uttered one syllable in his presence of a criminal or seditious nature ; — but, in order to supply that deficiency, he did not scruple to fish for evidence against him in every quarter where he thought he would be successful. He attended the initiatory examination of some of the witnesses for the Crown before the Sheriff, and " coaxed them to speak out." And so great was his zeal for the prosecution, that when the Trial itself drew nigh, he left his parish, and voluntarily journeyed to Edin- burgh, a distance of forty miles, and, without being subpcened he actually attempted to plant himself in the witnesses' box, as an evidence for the Crown, in regard to facts which must now rest with his own conscience. These things are not exagge- rated. They were proved on the trial — and other facts of a more sickening description, were about to be unfolded by Mr. Muir, when he was prudently stopped by the Lord Advocate, who, with all his zeal for the prosecution, could not defend such evidence. If the public now, should be anxious to know the name of this reverend gentleman, we beg leave to refer them to the Appendix, where they will find it. And we grieve to add, that he was afterwards placed on the Pension List of Scotland, for- no other reason that we can learn, but as a reward for his services at that period.* We have high authority to back us, on these, and some other sore points. See, for instance, what the Edinburgh Review says, of April, 1810, No. 31 : — " We speak not from hearsay, or from fancy, bui from distinct and personal recollection ; for fifteen years have not passed over our heads, since every part of the island, from the metropolis, to the meanest village, that supports an attorney, or a curate, deemed with the wretched vermin, whom we are in vain attempting to describe. We speak, indeed, from notes that are still fresh and legible ; for turn which way we will, we now see almost all the places of profit and trust in this island, filled with persons for whose elevation we should find it hard to account, if we did not look back to their apprenticeships in 1794 and 1T95. We speak from a feeling recollection ; for, where did this unut- terable baseness — this infinite misery — this most humiliating curse, fall so heavily, as in the very city where we now write?" If such be the character of the Witnesses against Mr. Muir, * Look at the Pension list- still ! -and see if there are any " Lapslies" on it 16 (though we gladly state, that there were a few most honour- able exceptions among them,) the reader, we are afraid, will not be prepossessed in favour of his Judges and Jury — but every person will, of course, candidly judge for himself, on a review of the whole circumstances. Mr. Muir was at last indicted before the High Court of Justiciary for Sedition. It was impossible for him, by reason of the war then raging, to return from France to meet his trial in Edinburgh, on the day originally fixed for it by the Crown, viz. 11th, afterwards altered to 26th February, 1793, and he wrote and transmitted the following Address " To the Friends of the People in Scotland :" " Upon the evening of the 8th of this month I received letters from my father, and from my agent Mr. Campbell, informing me that an indictment was served against me in my absence, and that the trial was fixed for Monday the 1 1th instant. The distance, and the shortness of the time, could not permit me to reach Edinburgh by that day. War is declared between England and France, and the formalities requisite to be gone through, before I could procure my pass- port, would at least have consumed three days. I will return to Scotland without delay. To shrink from dangers would be unbecoming my own character, and your confidence. I dare challenge the most minute investigation of my public and private conauct. Armed with innocency, I appeal to justice ; and I disdain to supplicate favours. I have hastened to give you an account of my intention, and I am happy that a private gentleman, who leaves Paris to-morrow, affords me on opportunity for the communication. •' Paris, 13th February, 1793." " Thomas Muir.* On the 25th February, 1793, a sentence of outlawry was moved for, and obtained by the Crown, against Mr. Muir; and in a few days afterwards, 6th March, 1793, his name, for that reason, was erased from the roll of the Faculty of Advocates; — a circumstance — however, which did not distress him, because, if he had even been acquitted on his trial, he intended immediately to have retired to the United States of America, where, we have no doubt, he would have been received with open arms. In truth, he would have been an ornament to any country. * The original of the above Address is in the possession of Allan Fullar- ton, Esq. Glasgow. it honour- fraid, will Fury — but nself, on a I Court of by reason } meet his • it by the February, g Address I received Campbell, inst me in jrthe 11th me, could War is formalities B my pass- vill return ;ers would idence. I my public appeal to } hastened lappy that anords me MuiR.« Jawry was VIr. Muir; his name. Faculty of lot distress is trial, he 1 States of have been ^e been an \llan Fullar- In July, 1Y93, he landed in Ireland, on his return from France — and after remaining in Ireland for a few days, he crossed over to Portpatrick, in Scotland, anxious to reach Edinburgh to meet his accusers. He had scarcely however been an hour in Scotland, ere he was pounced on by the minions of the law, and carried straightway to the Jail of Stranraer, where he was kept for several days, till a communication was made to the Crown Lawyers at Edinburgh, from whence a messenger-at-arms was immediately despatched for him, and in his custody, as a prisoner, Mr. Muir was taken to Edin-> burgh early in August 1793. On the 30th of that month he was brought to* the bar of the High Court of Justiciary— and after a lengthened trial of eighteen hours, he was found guilty of Sedition, and sen- tenced to Transportation for fourteen years. A trial more important never occurred in this country. It created, at the time, uncommon interest. All classes of the community were affected by it. In Parliament, it gave rise to an interesting and solemn debate. It even attracted the attention of foreigners. And though forty years have now nearly elapsed since the trial itself occurred ; and all the chief actors in it are dead and gone, we are persuaded that the short account, and exposition of it, which we have now resolved to submit to the consideration of the public, cannot be read, and especially by the lovers of rational Reform and Freedom, at this particular period, without feelings of aston- ishment, indignation, and regret. Any person will at once perceive that Mr. Muir was tried and convicted, simply because he was a Reformer. This truly was " the head and front of his offending." And now we think it may be of importance to look for a little at the character and constitution of the Court before which he was tried. We would first remark, though the fact is already well known, that an appeal lies against almost every decision pro- nounced by the Supreme Civil Court in Scotland — whereas no appeal lies against any of the decisions pronounced by the Supreme Criminal, Court ; — that is to say, a person can seek justice in the House of Lords, if it is to afreet his pounds, shillings, or pence. But he cannot seek it if it is to affect his life, liberty, or repute. We don't say that this is an invidious distinction— neither do we say that the law in this respect is good or bad. We merely state the fact, with this observation, that it has frequently happened that the most grave and delil)erate decisions of the Court of Session, even B fill IS pronounced unanimously by the whole Judges (fifteen in number) have, on appeal, been overturned or reversed on sound and cogent reasons in the House of Lords. Now, we ask, might not the same thing have happened in Ik eriininal case ? For, if a judge goes wrong in the one case, is he not just as likely to go wrong in the other ? Nay, is he not more likely to go wrong in the case where he knows his opinion (like the Pope's) cannot be reviewed or altered else- where, — than in the other, where he knows his opinion will be sifted and reviewed by the highest tribunal in the Empire ? There are many other considerations which might be stated here, all tending to show that, in criminal cases, and espe- cially in political cases, where new, nice, and '^elicate points qflaWf sometimes occur, (and it is only to such cases that we wish our observations to apply,) there ought to be a right of appeal to the House of Lords — or to some other Court of review — and we hope the time is not far distant when this suggestion will be adopted by the country. At the date of Mr. Muir's trial — for a long time preceding it — and down till within the last very few years, the Judges of the Court of Justiciary were armed with a fearful extent of power in one most important particular, which we think is utterly repugnant to the right administration of justice. They had the nomination of juries entirely in their own hands. And it Was exercised in this manner : — Whenever the trial of any offender took place, the Clerk of Court (appointed by the Court itself) handed to the presiding Judge, a list of the names of forty-five Jurymen, who were all cited to attend on the occasion. His Lordship then proceeded to pick out, or select, from the list, beginning at the top, tail, or middle of it, the names of any Jif teen jurymen he pleased, being the num- ber requisite to sit on the trial. And no objection could be stated by the prisoner to the Jurymen thus selected, except on the limited and special grounds of personal malice — mis- nomer — infamy — minority — deafness — dumbness — insanity, or relationship to the prosecutor. All other objections, however powerful, or of whatsoever nature, that might have been urged by the prisoner, were entirely disregarded. These were his Jurymen, and from them he could not fly. Now there have been such things known, or heard of, in this country, as the "packing*' of a Jury. The term k quite familiar. In the days of the tyrannical Stuarts, it is stated, on the authority of Lord Hailes, who was himself one of the Judges of Justiciary, that " the Prime Minister, in order to obtain a sentence agreeable to the King, (in certain political i» (fitteen in Bversed on tppened in e one case. Nay, is he knows his Itered else- tion will be B Empire ? t be stated and espe- icate points ses that we ; a right of jr Court of : when this ! preceding the Judges ,il extent of ve think is tice. They inds. And rial of any ted by the list of the > attend on ick out, or middle of 5 the num- 1 could be ed, except lice — mis- — insanity, objections, light have id. These eard of, in rm k quite t is stated, }ne of the n order to n political cases,) used to address the Judges^ with protnisei, and threat^^ ro PACK tMe Jury, and then deed with diem Wit jout Scruple or cerenumyy* We don't say, or even mean to insihilfit^, thill iHi^ things have happened in this couiitiy within the Aiemory oif man. But we now beg to call the atteniidh of the reader to what actually occurred on the trial of Mf. Miii^ ih 1793. After the Lord Justice Clerk, (Ivho, be it known, wals the Right Honourable Robert McQueen of Braxfiield,) had " selected" the names of the first two of Mr. Muir's Jury- men, Mr. Muir rose and stated, that ** he had no persoiial knowledge of them — that he believed, they Were highly riesj)ectable, but he nevertheless solemidy protested agflihst their sitting on his trial, because they belonged to an Asso^ ciation who had publicly condemned nis principles, khd iihti had actually offered a reward, to discovei* any pers6ri who had circulated any of the political publicatioiis-^of Whitih be was accused of circulating in the indictment ?" Lut the * la 1821, Mr. Kennedy of Dunure, (son-in-law of tne great Sir Samuel Rotnilly) to his everlasting honour, introduced a Bill into Parliament to put an end to " the Elements of the Art of lacking Juries," ns Jef'emtr Bentham most fitly called them. This Bill prodded that the Jiify shtinlt!^ thereafter, be chosen by Ballot — and thbt the prosecutor and the prisoner should hove right to challenge a certain number of them, without assianii^g any reasoa. But, strange to say, the late Lord Advocate of Scotland, Sir William Rae, took alarm at Mr. Kennedy's Bill, and actually wrote a cir- cular letter (April 6th, 1821,) to all the Counties in Scotland, the plaili English of which was to get the Counties to come forward and smother the Bill with opposition. — And the Counties, with the exception of Lanark and one or two others, most servilely, and shamefully, obeyed the call. — Some of them passed r.'solutipns, in effect, declaring that it was contrary to the Articles of the Treaty of Union to improve the Crirhinal La# of Scotbhd !! While others had the decency to declare that Mr. Kennedy's Bill prdceeded *' from a restless spirit of innovation," and they " most earnestly depre- cated any rash alteration on so venerable a fabric, of which no stone could be displaced without the risk of consequences, some of which perhaps human wisdom could not foresee." — Excellent language for Anti- Reformers I — What better could they employ ? — But it was all cant, hypocrisy, and humbug. Sir Robert Peel, to his infinite honour, became the efficient Reformer of the Scotch Courts in this respect, for he took up the Bill of Mr. Kennedy — and carried it successfully through the House of Commons. And why ? — Because it was founded on principles of truth and justicfe— congenial to the spirit of the age. — Yet Sir Robert Peel now refuses td reform the more glaring absurdities of the rotten Boroughs of England I Admirable consistency. — We hope that, as this distinguished Baronet cJianged his mind on the Catholic Question, he will a^ain do so on the Reform Question, though he happens to be a pro indivxio proprietor of a rotten Borough. 30 m Court imaiiiniously repelled the objection. And we state it as a matter of fact, that the whole of Mr. Muir's fifteen Jury- men were members of that Association, who had already vir- tuidly condemned him. And it turns out that the Foreman of this Jury was one of the most active members of that Asso- ciation — and one of a Committee who had previously poured out their anathemas on his very name ! As soon as these Jurymen had been all selectad and sworn by the Court, Mr. Muir again rose, and solemnly stated, that *^ he would never cease recalling to their attention the pecu- liarity of their situation — they had already determined his fate — they had already judged his cause — and as they valued their reputation, their own internal peace he entreated Here he was " stopped by the Courts who concurred in opit nion, that his conduct was extremely improper in thus taking up their time, as the objection had been repelled." From that moment Mr. Muir saw that the scales of justice were turned against him — that his doom was fixed, and hence throughout the whole subsequent trial, he seems to have exerted himself with almost supernatural talent, in order that posterity might judge of him, and know how he was treated. His defence, so eloquent and convincing, forcibly reminds us of the ancient orators of Greece and Rome, nor is it, we think, eclipsed by any of the splendid orations of our own immortal Erskine,' who, like Muir, only shone the more bril- liantly when his talents were exerted in the cause of liberty^ Yet this defence, though it penetrated the hearts of the whole audience, in a crowded Court, even to the shedding of tears, had no effect on any of his Judges. They alone stood unmoved by it. This, to be sure, might all be well enough, if we, of this generation, could shut our eyes to the extra- ordinary tone and temper which seems to have been mani- fested by these Judges at that particular period. The Lord Justice-Clerk M* Queen, when pronouncing the sentence of the Court against Mr. Muir, took occasion to say that " the indecent applause which was given the pannel last night, convinced him that a spirit of discontent still lurked in the minds of the people, and that it vrould be danger- ous to allow him to remain in this country. His Lordship said THIS CIRCUMSTANCE HAD NO LITTLE WEIGHT WITH HIM WHEN CGNSIDEBINO OF THE PUNISHMENT Mr. MuIB DESERVED ! !" We have a few other extraordinary things to relate. On the trial of Maurice Margarot — another Reformer — who was tried before the same Court soon after Mr. Muir, the follow- 21 in mani- ing scene occurred, which we confess fairly baffles every thing that we have ever seen, heard, or read of, in judicial pro- cedure. — The Star Chamber is nothing to it. Mr. Margarot. " Now, mv Lord, comes a very delicate matter indeed. I mean to call upon my Lord Justice Clerk, and I hope that the questions, and the answers, will be given in the most solemn manner. I have received a piece of infor- mation, which I shall lay before the Court, in the course of my questions : firsts my Lord, Are you upon oath ?' Ijord Justice Clerk. « State your questions, and I will tell you, whether I will answer them or not ; if they are proper questions I will answer them." Q. " Did you dine at Mr. Rochead's, at Inverloith, in the course of last week ?" Lard Justice Clerk. " And what have you to do with that, Sir?" Q. " Did any conversation take place with regard to my trial?" Lord Justice Clerk. «* Go on. Sir !" Q. " Did you use these words ? — * What should you think of giving him an hundred lashes, together with Botany Bay ?* or words to that purpose ?" Lord Justice Clerk. ** Go on ; — put your questions, if you have any more." Q. ** Did any person, did a lady say to you, that the people would not allow you to whip him ? and, my Lord — did you not say, that the mob would be the better for losing a little blood ? — These are the questions, my Lord, that I wish to put to you at present, in the presence^of the Court : deny them, or acknowledge them." Lord Justice Clerk. " Do you think I should answer ques- tions of that sort, my Lord Henderland ?" Lord Henderland. " No, my Lord, they do not relate to this trial." The rest of the Judges concurred in this opinion — and so the questions, very properly, were not answered ! But we earnestly entreat our readers to turn up to the list of Mr. Muir's jurymen, and they will discover this astonishing fact, that James Rochead, of Inverleith, in whose house the Lord Justice Clerk of Scotland was alleged to have made use of the above horrible language, was one of the Jurymen selected by his Lordship, and one who actually sat on the trial of Mr. Muir ! ! ! The same thing occurred, but in a more direct and tangible shape, in the case of Joseph Gerald, another Reformer, who was also tried before the same Court, about the same period. S3 Hi lOth March, When tlie Court met, Mr. Gerald rose f*nd said, 1 794. « My Lords, I feel myself under the painful neces- sity of objecting to the Lord Justice Clerk sitting upon that bench, upon this plea, that his Lordship has deviated from the strict line of his duty, ip prejudging that cause in v/hich my fortune apd my fame, which is more precious to me than life, is actiially concerned. I beg, therefore, that this (holding ^ paper in his hand) may be made a minute of this Court." " In order to show that this objection was not made a^ faat\qm, Jpseph Gerald offered to prove that the Lord Justice Cleric had prejudged the came of every perscu who had been a member of that Assembly calling itse\fthe British Convention: inasmuch as he had asserted, in the house of James Hochead, of Inverleith, ' that the members of the British Convention deserv^ transportation for foiirteen years, and even public whippi|ig ;'— af)d that when it was objected, by a person pre- sent in company, that the people would not patiently endure the inflicting of that punishment upon the members uf the British C(Miventio|), the said Lord Justice Clerk replied, that the piob would be the better f(^ the spillipe of a little bloody I pray that this may be made a minute of the Court; I desire p) hape the matters alleged^ substantiated by evidence," Lord Eskgrove. " My Lords, — This objection which comes jbiiefore your Lordships, is a novelty in many respects ; and I 4on*p thinH ^his pannel, at this bar, is well advised in making it : what pould be his motive for jit I cannot perceive. He }ias the happiness of being tried before one of the ablest Judges that ever sat in this Court ; but he is to do as he things fit. I am sure he can obtain no benefit if he gains the end he has in v|ew; and therefore 1 cannot perceive his motive, unless it is an inclination, as far as he can, to throw ^n indignity u{>on this Court." And after some farther remarks, his Lordship concluded by saying, " that he could fuicribe the objection to nothing but malevolence and desperation*^ Mr. Gerald, " My Lord, I come here not to be the objecf of pergonal abuse, but to meet the justice of my country." djord Henderland. ** I desire you will behave as becomes a num. before this High Court. I will not suffer this Court to be insulted." Mr. Gerald. « My Lord— Far be it from me to insult this Court." , . . LordHe.derland. « Be silent, Sir." ) , , • Mr. Gerald. ** My Lord " Lord Henderland. " I desire you will be silent Sir !" 4. . Lord Swinton. " My Lords — An objection of this kind, miy. end said, ful neccs- pon that from the '/hich my than life, (holding IJourt." made a^ d Justice Aurd tlie Rnval George, Excise yacht. Captain Ogilvie, lying in Leith Roads, for London. There were sent along with him, John Grant, who was convicted of forgery at Inverness ; John Stirling, for robbing Nellfield house; Bearhope, for stealing watches; and James M'Kay, lately condemned to death for street robbery, but who afterwards obtained a respite during his Majesty's pleasure. Mr. Palmer was also sent to London, in the same vessel, and on their arrival they were put on hoard the Hulks at Woolwich." **Londont Dec. 1, 1793. Mr. Thomas Muir and the Rev. T. F. Palmer arrived in the River, from Leith, on board a revenue cutter. Orders were sent down for delivering them to Duncan Campbell, the contractor for the Hulks at Woolwich, the former in the Prudentia, and the latter in the Stanislaus. They were in irons among the convicts^ and were ordered yesterday to assist them, in the common labour on the banks qf the River, Mr. Muir is associaUd with about 300 convicts, among whom he and Mr. Palmer slept qfier their arrival. Mr. Muir is rather depressed in spirits, but Mr. Palmer appears to sustain his misfortune with greater for- titude."* It affords some consolation, however, to the friends of hu- manity, to know that the case of Mr. Muir did not escape the notice of a few virtuous and patriotic men, at that time in Par- liament. Thev, too, struggled for him, but in vain. On the 10th of March, 1794, our own distinguished countryman, the Right Hon. William Adam — now the venerable Lord Chief Commissioner of the Jury Court in ScoUand — made a splendid speech, of three hours' duration, in the House of Commons, in which he reprobated the whole of the proceed- ings against Mr. Muir. And we have peculiar pleasure in stating, that this is not the only occasion on which this amiable and excellent Judge appears to have exerted himself in the cause of the people. His Lordship at once took the direct course of moving an Address to the Crown, on behalf of Mr. Muir. The motion watt seconded by Mr. Fox. It was opposed by the Lord Advocate, and by Mr. Pitt. And if any one will take the trouble to peruse the debates in Parliament at that period, he will find that stronger language • Vide Annual Register, for 1793, p. 47. ,' * 28 was used by the greatest statesmen of the age, (Fox and Sheridan, especially,) condemnatory of these political Trials in Scotland, than was ever uttered within the walls of Parlia- ment, even during the days of the immortal Hampden. We refer our readers to the Appendix for a short abridgment of it. On a division the numbers were — For the motion of Mr. Adam, . . 33 Against it, . . . . . .171 Majority against the motion, . 139 April 15, 1794. The Earl of Lauderdale, too, after a speech of nearly four hours, inti'oduced a similar motion in the House of Lords, which was seconded by the late Earl of Stanhope, — but it met with a worse result, for it was negatived without a division. We beg our readers to remember, that all this took place under the Administration of Mr. Pitt. " After he had once forsworn the errors of his way, {i. e. his early zeal for Reform,) and said to corruption, ' thou art my brother,' and called power, or rather j9/ac0, his god, the sight of a Reformer became a spectre to his eyes — ^he detested it as the wicked do the light — as tyrants do the history of their own times, which faaUnts their repose even after the conscience has ceased to sting their souls. — We must be pardoned for using this lan- guage. — We know of no epithet too harsh for him, who was profligate enough to thirst for the blood of his former asso- ciates in reform — of the very men whom his own eloquence, and the protection of his high station, had seduced into popular courses; — and not content with deserting them, to use the power which he had mounted on their backs, for the purpose of their destruction ! When the wars and the taxes, which we owe to the lamentable policy of this rash statesman, shall be forgotten, and the turmoils of thb factious age shall live only in historical record ; — when those venal crowds shall be no more, who now subsist on the spoil of the myriads whom he has undone — the passage of thia great orator's life which will excite the most lively emotions, will be that where his apostasies are enrolled — where the case of the African slave and of the Irish Catholic stand black in the sight; but most of all will the heart shudder at his persecutions of the Reform- ers, and at his attempt to naturalize, in England, a system of proscription, which nothing but the trial by Jury, and by (Fox and lical Trials t of Parlia- iden. We ibridgment 32 171 139 I speech of the House Stanhope, i without a took place € had once r Reform,) and called ler became ced do the nes, which i ceased to g this lan- , who was rmer asso- eloquence, luced into ^ them, to ks, for the the taxes, statesman, 5 age shall owds shall e myriads rator's life hat where e African :; but most e Reform- a system •y, and by English Judges^ could have prevented from sinking the whole land in infamy and blood."* Soon after the division in Parliament, the sentence against Mr. Muir was carried into farther execution. He was shipped off to Botany Bay. Yes, reader, we grieve to state, that a man of his high talents, and refined feelings, was placed in chains — beside the most atrocious criminals, the refuse and dregs of the human race ; and, in such company, he was sent to eke out his existence on the desolate shores of the remote Southern Ocean I And for what? — We will not trust ourselves to say any thing more on that point. Read his Defence. It is impossible to form any adequate conception of the state in which Mr. Muir's feelings must have been, when he left England. The reader is left to fancy them if he can. For it does not appear, at least we have not been able to discover, that Mr. Muir committed to writing any observation, or remonstrance either on the subject of his trial, or the treatment to which he was latterly subjected. He seems to have submitted to his fate with calm dignity. — " A Roman, with a Roman's heart, can sufTer."! His venerable parents were permitted to visit him before he sailed from Leith Roads. — But such a visit ! Their hearts were ** wrung and riven" — not in consequence of any moral turpitude, or disgrace which he had brought upon them, for a worthier and more affectionate son never breathed. But surely the bare idea, that he in whom all their earthly hopes cen- tered was about to be torn from them, and sent to exile, for a length of years, was of itself sufficient to fill their cup of afilic- tion, without the above appaUing fact that he was placed in chains, and treated worse than the veriest slave, in the land, too, where we have been exultingly told, no slave ever trod ! " That man should thus encroach on fellow-man, Abridge him of his just and native rights, Eradicate him,— tear him from his hold .^ Upon the endearments of domestic life * Edinburgh Review, April, 1810, p. 120. It will be observed, that Hardy, Tooke, and other Reformers, were also tried in England, in 1793-^94 ; and so anxious were the Ministry to get a conviction against them, that the present Earl of Eldon, then Sir John Scott, Attorney-General, spoke for upwards of eight hours against Hardy. Lord Erskine dashed his sophistry to pieces by such a torrent of manly eloquence, that the Jury returned a verdict of Not Guilty. t Since writing thus far, we have discovered an affecting letter, written by Mr. Muir to a friend at Cambridge, which is printed in the Appendix. ^ii 30 m^ > ' '- • Ami social, nip his fhiitfulness and use " "' . And doom him for perhapt a heedleu word. To barrenness,— and ^solitude— and tears, Moves indignation — makes the name of power Ad dreadruT as the Manichean Ood— Adored through fear— strong only to destroy." The Reformers of England — through their corresponding Socie^ in London — transmitted to Mr. Muir, and to Messrs. Oerald, Palmer, Margarot, and Skirving, the following ani- mated Address: " We behold in you, our beloved and respected friend and fellow-citizen, a martyr to the glorious cause of Equal Re- presentation, and we cannot permit you to leave this degraded country, without expressing the infinite obligations the people at large, and we in particular, owe to you, for your very spirited exertions in that cause upon every occasion ; but upon none more conspicuously than during the sitting of the British Convention of the People at Edinburgh, and the con- sequent proceeding (we will not call it trial) at the bar of the Court of Justiciary. " We know not what most deserves our admiration, the splendid talents with which you are so eminently distinguished, the exalted virtues by which they have been directed, the perseverance and undaunted firmness which you so nobly displayed in resisting the wrongs of your insulted and op- pressed country, or, your present manly and philosophical suffering Under an arbitrary, and, till of late, unprecedented sentence — a sentence, one of the most vindictive and cruel that has been pronounced since the days of that most infamous and ever-to-be-detested Court of Star Chamber, the enormous tyranny of which cost the first Charles his head. ** To you and to your associates we feel ourselves most deeply indebted. For us it is, that you are suffering the sen- tence of transportation with felons, the vilest outcasts of so- ciety ! For us it is, that you are doomed to the inhospitable shores of New Holland ; where, however, we doubt not you will experience considerable alleviation by the remembrance of that virtuous conduct for which it is imposed on you, and by the sincere regard and esteem of your fellow-citizens. *' The equal laws of this country have, for ages past, been the boast of its inhabitants : but, whither are they now fled? We are animated by the same sentiments, are daily repeating the same words, and committing the same actions for which ybu are thus infamously sentenced ; and we will repeat and commit them until we have obtained redress ; yet we are un- esponding to Messrs. twiiig ani- frknd and Bqual Re- s degraded the people jry spirited upon none e British [ the con- I bar of the iration, the tinguished, rected, the 1 so nobly d and op- lilosophical irecedented and cruel St infamous e enormous selves most ng the sen- casts of SO" nhospitable ibt not you membrance :d on yoU) ow-citizens. ; past, been y now fled ? y repeating s for which repeat and we are un- ; 31 punished ! Either therefore the law is uniust towards you, in inflicting punishment on the exertions of virtue and talents, or it ought not to deprive us of our share in the olory of the martyrdom. " We again, therefore^ pledge ourselves to you and to our country, never to cease demanding our rights from those who have usurped them, until, having obtained an Equal Repre^ sentation of the People, we shall be enabled to hail you once more with triumph to your native country. We wish you health and happiness; and be assured we never, never shall forget your name, your virtues, nor your great example. *' The London Corresponding Society. " John Lovett, Chairman. " Thomas Hardy, Secretary. •* The 14th of April, 1794." Considering the advanced age of Mr. Muir's parents, they parted with him under the conviction that they could not sur- vive the term of his sentence, or meet him again in this world. Neither they did. But he anxiously endeavoured to soothe their feelings, and to elevate their thoughts, by pointing, like Anaxagoras, to the heavens. This trying scene broke down the constitution of his father. He was struck with a shock of palsy, from which he never recovered. And his poor mother, so pov/erful was her afiec- tion for her devoted son, periled her own life, by making frequent excursions to sea in an open boat in the winter of 179S, in order that she might again catch a glimpse of him, and give vent to her agonized feelings. During the last of these excursions, but before sl^3 could approach near enough to recognise him, the vessel in which Mr. Muir was, got under weigh. And if the agony of mortals could have any eflect on the elements of nature, these very elements at that time would have stood motionless on account of Thomas Muir. One of the last requests he made to his parents was, to fur- nish him with a small pocket Bible; and we mention that circumstance, because it will be seen how highly he prized that precious relic, and how miraculously it preserved his life under the extraordinary vicissitudes that afterwards befell him. There were 83 convicts on board the Surprise transport, which carried hm\ from England. His feflow-R^formers, Palmer, Skirving, and Margarot, were among them. But there was another individual of a very different description, indeed, in whose society Mr. Muir at one time little tiiought 3« he could sojourn for a single hour. This was a man of tlie name of Henderson, belonging to Glasgow, who had been tried there by the Circuit Court of Justiciary, about two years before, for the Murder of his wife. And strange to tell, Mr. Muir had been his counsel. He pled successfully for him, as Henderson's Jury, instead of a verdict of Murder, brought in a verdict of Culpable Homicide, which saved the culprit's neck, and now he was going to expiate his crime under a lik^ sentence of transportation for fourteen years ! — Oh tempora I O mores I What a commentary on the different degrees of punishment ! — What a lesson to philanthropists on the classi- fication of prisoners ! After a tedious voyage, the Surprise arrived at Sydney on the 25th Sept. 1794. It was alleged that symptoms of mutiny had broken out during the voyage, on the part of some of the convicts ; but nothing of the kind was imputed to Mr. Muir, or to Palmer, Skirving, or Mai'garot, who conducted them- selves with the utmost propriety. "^Vhen they reached Sydney, they were placed, like the other convicts, under the surveillance, or at the disposal of the Authorities in that Colony. But we have much pleasure in stating, that every indulgence appears to have been shown to Mr. Muir, compatible with the strict rules of the place. In fact, the treatment Mr. Muir received at Sydney, was a thousand times milder than the treatment he had received in England. — He was no longer yoked in chains, and set to hard labour, like the brutes that perish. — He was no longer despised and upbraided for the political principles he professed. His inoffensive and gentlemanly deportment commanded the respect, even of hardened criminals and wild savages, which is more than can be said of some of his civilized and enlight- ened counti'ymen, then nearer home. On the 13th Dec. 1794, — about three months after his arrival, — Mr. Muir thus writes to one of his friends — Mr. Moffat, Solicitor, in London : *' I am pleased with my situation, as much as a man can be, separated from all he loved and respected. Palmer, Skirving, and myself, live in the utmost harmony. From our society Maurice Margarot is expelled. Of our treatment here, I cannot speak too highly. Gratitude will for ever bind me to the officers, civil and military. I have been constantly occu- pied in preparing the evidence and the defence of Palmer and Skirving. I have a neat little house here, and another two miles distant, at a farm across the water, which I purchased. Wlien any money is transmitted, cause a considerable part of tlie d been o years jU, Mr. him, as ught in ;ulprit's ir a lik^ mpora 1 grees of e classi- dney on ' mutiny te of the r. Muir, d them- like the sposal of pleasure :n shown le place. >y, was a ;eived in t to hard despised id. His ded the is, which enlight- after his ids— Mr. ft can be, Skirving, ir society t here, I nd me to tly occu- Imer and ther two iirchased. ible part of it to be laid out at the Cape, or at Rio, in rum, tobdcco, and sugar, which are invaluable, and the only medium of exchange." &c. &c. At the date of Mr. Muir's sentence, the colony of New South Wales (now of such vast consequence) was only in its infancy, and hardly known, except to a few intrepid naviga- tors. They first shipment of convicts to it, from this country, was made in the year 1785. And when Mr. Muir reached itj nine years afterwards, there were scarcely 1500 individuals in it altogether. He laboured, with his own hands, to improve and cultivate the land he had purchased, and which, till then, was in a state of native wildness ; and, in remembrance of his patrimonial title and estate in Scotland, he called it Huntersfaill, by which name we hope it is still known. i We select the following letter from the then Govetrtop of the Colony — the late John Hunter, Esq. — to one of his friends in Leith, as it is highly creditable to all the parties concerned: i •'N, S. Wales, 16th Oct. 17W. ** The four gentlemen, whom the activity of the Magis- trates of Edinburgh provided for our Colony, I have seen and conversied with separately, since my arrival here. They stiem all of them gifted in the powers of conversation. Muir w^ thet first I saw. I thought him a sensible young man, of a vdry retired turn, which, certainly, his situation in this countr^r will give hiin an opportunity of indulging. He said nothing on the severity of his fate, but seemed to bear his circumstances with a proper degree of fortitude and resignation. Skirving was the next I saw; he appeared to me to be a sensible, well- informed man — not young, perhaps 50. He is fond of farm- ing, and has )purchased a piece of ground, and makes. good use of it, which will, by and by, turn td his advantage. Palmer paid me the next visit : he is said to be a turbulent, restless kind of man. It may be so — but I must do him the justice to say, that I have seen nothing of that disposition in him, since my arrival. Margarot seems to be a lively, face- tious, talkative man — complained heavily of the injusticv? of his sentence, in which, however, he found I could not agice with him. I chose to appoint a time for seeing each separ- ately — and, on the whole, I have to say, that their general con- duct is quiet, — decent, — and orderly. If it continues so, they will nc* find me disposed to be harsh or distressing to them."* Poor Gerald — in the last stage of a consumption — only 1 1 * Vide Edinburgh Advertiser, 1796. I I i ii I S4 reached the colony three weaks after the above letter was written. He scarcely survived three months; for we find he died on the 16th March, 1796: and Skirving died three days afterwards. From all the information we have obtained — and from the best attention we have been able to give this subject, we are satisfied that Mr. Muir entertained no other idea than that he would be obliged to implement the whole term of his sen- tence at Sydney, unless death itself would cut it short. He was, therefore, becoming gradually reconciled to his situa- tion, dreary and degrading though it must have been, and he employed every moment of his time to the best advan- tage. — He wrote Commentaries on the Trial of Palmer, Skirving, &c. ; — and he began to write a Treatise on the " Libel Tfo suspicion was excited* on the part of the authorities. After reconnoitering, with breath- less anxiety, for a few days. Captain Dawes discovered Mr. Muir. and had a short conversation with him. It must have been interesting and gratifying in the extreme to both par- ties. Not a moment was now to be lost. Mr. Muir readily embraced his generous benefactor — and on the morning of the 1 1th February, 1796, he was safely taken on board the Otter — and that vessel instantly set sail and departed from Sydney. ' Mr. Muir took nothing with him from thence, for ' ideed he had almost nothing to take except a few articles of dress, and his Bible. It is doubtful whether he had an opportunity of conversing with his friends, Palmer and Skirving, &c. — or of making them acquainted with tlie unexpected means, which had now offered for his escape, so as they also might have gone with him. It is also doubtful whether he made any disposal of the property he had there purchased. , in the montn of March following, we find that Margarot thus writes to his friend Mr. Thomas Hardy, of London:* " Mr. Muir has found means to escape hence on board an American vessel, which put in here under pretence of want- ing wood and water. She is named the Otter, Captain Dawes, from what port in America I know not. It is reported she came in here for as many of us as chose to go." It is here pleasant to add that Mr. Muir left a letter for the Governor at Sydney, expressing his grateful thanks for the kindness he had shown to him — and intimating that he was now on his way to the United States of America.f Preparations were there making for receiving him as an adopted Son and Citizen. And if Fate had permitted, we have little doubt that Mr. Muir would have become one of the most distinguished ornaments at the American bar. The very sufferings he had endured in the cause of freedom, would * Vide Edinburgh Advertiser, of 1799, p. 109. ' t V'de Paterson's History of New South Wales, p. 230. i r have gained him friends in that free country, independent {iltogether of his matchless talents. > But he now became the child of misfortune. After being at sea about f ur months, the Otter was shipwrecked.' She struck a chain of sunken rocks near Nootka Sound, on tlie west coast of North America — and went to pieces. Every soul on board perished except Mr. Muir and two sailors \ They alone reached the sho»'e, scarcely in life; and after wandering about for some days in a state of great bodily and meiltal distress, they were captured by a tribe of Indians, at whose hands they looked for nothing but cruelty and death. Mr. Muir was soon separated from his unfortunate coiri* E anions, and never knew whether they survived, or whtft ecame of them. Contrary to his own forebodings, the Indians treated him with singular kindness. He must, we imagine, have secured their regard, more by his personal appearance and manners than any thing else, since he had no presents to offer them, all that remained in his pos- session being the clothes on his body — a few dollars — and his pocket Bible^ which last he was in use to carry about witH l)im on all occa American :o whom he ill being to about four nsmitted to iving a rich During the of the com- saster. ives on the rous voyage, Cadiz, little mand of Sir It, was there the morning ;ing to that ;ot their eye !. In a few tol-shot, and in what state Iperiod, To sircumstances without hesi- catalogue of Eill anxiety on tion that Mr. I own country ye held crimi- e of his situa- defence in the It man, under sitate for one for two hours 39 . •—and towards the close of it, Mr. Muir was struck with a cannon ball, and lay prostrate with the dead. The Spaniards were vanquished. The following is an interesting account of the action, taken from the letter of a British officer to his friends in Scotland, and published at the time in the news- papers : " His Majesty's Ship Irresistible, At Anchor, off Cadiz, 28th April, 1707. '* On the 26th inst. lying off here, saw two strange ships standing for the harbour, — made sail after them with tne Emerald frigate in company ; and, after a chase of eight hours they got an anchor in one of their own ports, — in Canille Ray. We brought them to action at two in the afternoon. We anchored abreast of them — one mile from the shore, and continued a glorious action till four, when the Spanish colours were struck on board, and on shore, and under their own towns and harbours. Our opponents were two of the finest frigates in the Spanish service, and two of the richest ships taken during this war. A Viceroy and his suite, and a num- , ber of general officers, were on board of one of them. I am sorry to say that after they struck, the finest frigate ran on shore. We, however, got her off at 12 at night, but from tlie shot she received she sunk at 3 in the morning, with all her riches, which was a sore sight to me, especially as I had been on board her. We arrived here with our other prize, and are landing our prisoners. Among the sufferers on the Spanish side is Mr. Thomas Muir, who made so wonderful an escape from Botany Bay to the Havannah. He was one of Jive hilled an hoard the Nymph, by the last shot fred by us. The officer at whose side he fell, is now at my hand, and says he behaved with courage to the last."* But see what fallows: — When the action was over some of the officers and crew of the Irresistible boarded the frigate in which Mr. Muir was, to take possession of her as their prize. On looking at the dead and dying, one of our officers was struck at the unusual po&Hion in which one of them lay. His hands were clasped in an attitude of prayer, with a small book enclosed in them. His face presented a horrid spectacle, as one of his jyes was literally knocked out, and carried away, with the bfine and lower part of the cheek, and the blood about him vas deep. Some of the sailors believing bin' to be • Vide Edinburgh Advertiser, June, 1797, p. 349. 1 (lend, were nuw in tlie act of lifting him up to throw him overboard, when he uttered a deep sigh, and the book fell from his hands. The officer to whom we have alluded sniitched it up, and on glancing at the iirst page of it, he found it was the Bible, with the name of Thomas Muir written upon it. He was struck with astonishment. Thomas Muir was his early bvho4jlfellow and companion ! He had heard of some part of his subsequent history. But to find him now in this deplorable situation was almost incredible and heart-rending. Without hreatliing his name, for that might have injured or betrayed his unhappy friend and countryman, who might yet perchance survive, the officer took out his handkerchief and wiped the gore from the mangled face of Mr. Muir. With another handkerchief he tied up his head, and after performing these kind and Christian offices, he enjoined the sailors to carry him gently on board a small skiff which was then lying at the side of the frigate to receive such of the Spaniards as had been wounded in the action, regarding whom an order had previously been issued by the British Commander, to send them ashore— or land them on their own territories, scarcely a mile distant. After making this extraordinary and providential escapt, Mr. Muir was carried ..o the I^ospital at Cadiz as a Spanish sailor mortally wounded. In about two months — suffering all the while extreme agony, he was able to speak a little to those around him. Through some means or other, his dis- tressing situation was communicated to the French Directory at Paris — and so much did they feel interested about Mr. Muir, (who, it will be recollected, was formerly in Paris,) that they sent a special messenger to Cadiz with instructions to see that every proper respect and attention was paid to him. ITie French Directory also ordered their aj^ent at Cadiz to defray the whole expenses that might be incurred by Mr. Muir, and to supply him with any raonev le required. Some of our readers we are afraid will now be /»• atly startled and displeased to learn that Mr. Muir now held direct and personal communication with Thomas Fame, whose works it is said created so mueh mischiesf. Bma m/k entreat them to observe that Mr. Muir by no mean« appr-'ved of the whole of Mr. Paine's works. Most certainly he uever approved of his religious works. And we Huay as soon con- demn the wise and virtuous men of former nimes for corre- sponding with Bolingbroke or Hume, as '^om :^tkn Mr. Auir throw him e hook full re alluded ;e of it, he unus Muir ThomiiB He had )ut to find incredible ve injured ivho might ndkerchief Mr. Muir. ond after joined the which was uch of the regarding iie British on their 5 •;•; IICMt lal escape, a Spanish -suffering a litde to T, his dis- Directory »bout Mr. in Paris,) istructions as paid to a^ent at i incurred nunev 'le )e fCfi' atly now held as Paiu^, B«« wt app.^.'ved he never soon con- fer corre- Mr. iiluir n for corresponding with l*aine. Moreover, Mr. Paine, if wc mistake not, was at that tirau a distinguislied member of the French National Convention, and might have been service- able to Mr. Muir in many ways. At any rate, we have only been able to discover unu single letter between them, and we hope wo will be excused for republishing i( in this place when wc explain that it simply describes the situation of Mr. Muir, and the state of his feelings, at the time it was written. '• Cadiz, Aug. 14« 1797. *' Dear Friend, — 3ince the memorable evening on which I took leave of you at — — — , my melancholy and agitated life has been a continued series of extraordinary events. 1 hope to meet you again in a few months. *' Contrary to my expectation, I am at last nearly cured of my numerous wounds. The Directory have shown me great kindness. Their solicitude for an unfortunate being who has been so cruelly oppressed, is a balm of consolation which revives my drooping spirits. The ISpaniurds detain me as a prisoner because I am a Scotchman. But I have no doubt that the intervention of the Directory of the Great Republic will obtain my liberty. Remember me most affectionately to all my friends, who are the friends of liberty- and of mnnkind. I remain, dear Sir, yours ever, " Thos. Muir."* In September following, while hn was still at Cadil, Mr. Muir had the honour to receive a cummunication* Q^itwre example, either in ancient or modern times, ^^d of wii#cK we think the greatest statesman, or warrior, tha( ever lived<» might justly be proud. This was no othei* than a communication from the Government of France — not only oflfcriujr to confer upon him the privileges of a free citizen, but ury^ently un4 generously inviting him to spend the remainder ol nis days in the bosom of the French nation. To an oppressed and per- secuted individual — driven from his own countr}- — and only known for his exertions and sufferings in the cause of truth, — we will say of liberty ; such an invitation, coming as it did from one of the first Nations of Europe, was gratifying in the highest degree to Mr. Muir, and it is almost unnecessary iO add that he accepted it as the greatest compliment and reward which could be paid to hin< in this world. t *i ill. Vide Edinburgfa Advertiser, I7»7. I 4g The French Directory instantly followed up their invitation, by making a formal demand on the Government of Spain to restore Mr. Muir to his freedom, and to aiford him every facility on his journey to France, which they readily did. On the 16th of September, 179*7, he became once more a free man, — the sentence of the High Court of Justiciary always excepted. It never was recalled, but he was now beyond its reach, and heartily despised it. He arrived at Bourdeaux, the first town of consequence on his entrance into France, early in December. The municipal authorities, as well as the whole body of inhabitants, received him with every demonstration of honour and kindness. They invited him to a public dinner, at which the Mayor of Bour- deaux presided, on the 4th of December, 1797. His health was drank with acclamation by a company of upwards of 500 individuals, as the " Brave Scottish Advocate of Liberty — and now the adopted Citizen of France." And when he rose to return thanks— for he could speak French fluently, he fainted in the arms of the American Consul, who did him the honour to sit at his left hand — a circumstance which told the state of his feelings, and spoke more powerfully in his behalf than the most animated and brilliant harangue he could have made. He reached Paris by slow and easy stages, on the 4th of February, 1798; and on the 6th of that month he thus wrote to the French Directory : " Citizen Directors, — I arrived two days ago at Paris, in a very weak and sickly state. " Permit me to express to you the entire devotion and gra- titude of my heart. ** To you I owe my liberty. To you I also owe my life. But there are other considerations of infinitely superior im- portance, and which ought to make a forcible impression on my mind. " Your energetic conduct has saved the liberty, not only of France, but also of my country, and of every other nation in the world, at present groaning under oppres- sion. " It is unnecessary for me to make protestations of my love and veneration for the Republic. To my last breath I will remain faithful to my adopted country. " I shall esteem. Citizen Directors, the day on which I shall liave the honour to be admitted to your presence, the most pre- cious of my life ; and if I have passed through dangers and 43 r invitation, of Spain to i him every ily did. On more a free ciary always V beyond its sequence on le municipal Its, received ness. They yor of Bour- His health i^ards of 500 >f Liberty — vhen he rose fluently, he rho did him 3 which told rfully in his larangue he 1 the 4th of e thus wrote » at Paris, in ton andgra- >we mv life, luperior im- ipression on iberty, not every other ler oppres- I of my love *eath I will 'hich I shall le most pre- langers and misfortunes, that moment will for ever efface their remem- brance, and amply compensate them. "I have the honour to be, " Citizen Directors, " With the most profound respect^*' " Your grateful and devoted servant, « Thomas Muir.'** A deputation from the French Government immediately waited on Mr. Muir, to congratulate him on his arrival in Paris. His company was now courted by the highest circles in France ; and indeed he acquired the sympathy and esteem of all classes in that great community. Nothing was wanting on their part to make him happy — and of this, the grateful homage of his heart fully showed that he was deeply sensible. But his constitution was fast sinking. The wounds he had received were found to be incurable — and shortly afterwards, viz. on 27th of September 1798, he expired at Chantilly, near Paris, and was interred there, by the Public Authorities, with every possible respect. His venerable parents, who had heard of his escape from Sydney, and subsequent history, were, as may well be imagined, greatly agitated by fresh hopes and fears on his account. — Many an anxious thought they must have had about him. — They received several letters from him, all breathing the most dutiful and affectionate regard. On his deathbed he carefully sealed up the Bible which they had given him on his departure from Scotland, and which had been so miraculously preserved by him, through all the difficulties and dangers he had encoun- tered, leaving an injunction that it should be forwarded to his parents by the first opportunity ; and it was so forwarded, and received by them with mingled feelings of satisfaction and grief. They only survived him about two years. We believe the only direct relations of Mr. Muir now living, are his niece, the amiable lady of the Rev. Laurence Lockhart, minister of Inchinnan, and his highly respectable nephews, David Blair, Esq. and Captain Thomas Blair, of the H. £. L C. service, who we understand both imbibe the noble sentiments of their uncle. ,-kl-i'iii ■1> Jl ^. IS! J'. .•' >1 * Vide Edinburgh Advertiser, 1798. / Hi <7 1»V< yay m • in'.'iis^ th«It ri:»i' iihi istf^moii' Uuh Reader ! — You thus see, that at the early age of 33, an amiable and accomplished man >vas cut off', who was rising to eminence |n his profession, and might have become one of the ornaments of his countryj'. , n <' Peruse his Trial, we beseech you, and you will find that he was PUNISHED, aye, most cruelly punished, because he pre- sumed to advocate those liberal sentiments which are now uttered throughout these kingdoms, and which are engrafted on the hearts of every good and loyal subject. His defence, powerful and eloquent ds it is, and worthy of all praise, did not satisfy the consciences of his Judges. We hope it wi}I satisfy yours. But whether it does so or not, we think you will admit, that his moral character stands out to view in the faii^est and most enviable form. Even the most rancorous of his political ene- mies have not presumed to asperse it. -uv* laj.xi/ We are sensible that we have not been able to do any thing like justice to his merits ; and indeed, the consciousness of our own utter insignificance and inability, should perhaps have deterred us from venturing upon such a task at all. But we beg leave to state (with all humility), that we have been prompted to undertake it from a pure love of justice. — We have tiothing to hope, or fear from it. Stop ! we must qualify this expression — and should say, that since we have meddled with a subject somewhat of a political nature, we shall possibly be landed ** in a sea of troubles." We were not born at the date of these transactions. — We are not acquainted with a single relative of Mr. Muir*s — all our information has been derived from what we consider correct and authentic sources. At the same time, we may be mistaken in regard to otie or two minor particulars. — We know we have disclosed, botli here and in the Appendix, a few striking and melan- choly truths, which must be disagreeable in certain quar- ters, and especially to the stomachs of a few Old Tories — " the life and fortune men" of former times, whose ranks have greatly thinned of late. But, independent of them, we are much afraid that there is still too much bigotry, in- tolerance, and prejudice in the land, to make us feel alto- gether easy. Yet, nevertheless, though young and humble, we will yield to no man for independent political principles ; and if we are at all encouragpH in this imdertaking, we shall perhaps be tempted to try our hand soon again on a few other Political Trialdf equally extraordinary, and interesting. De- af 33, an i rising to )ne of the id that he ic he pre- are now engrafted worthy of »es. W6 idniit, that t and most litical eAe- any thing nessofour ■haps have . But we have been —We have jualify this ddled with 11 possibly ot born at tinted with n has been ;ic soiu'ces. to one or osed, both id melan- tain qiiar- )ld Tories hose ranks of them, igotry, in- feel aho- ld humble, principles ; g, we shall a few other jting. De- 45 peud upon it ^ve will notTnince miittenk, or flinch froiti our duty, in giVin^ them a thorough exp<^tion. ^ 'I'l ■'• ^ < • j'-n^ At present, our object is to do dlt that in us lies, to tfescUe the memory of a good man from oblivion. Ill the case of the ever-td-be-remembered Algernon. Sydney^ we find, that the tyrannical sentence proiftiuhced against him, in the reign of Charles' II. wasf afterwards Beversedi by a special Act of Parliament, bebausej as the preamble of the Act states, he was convicted " l^Y means of aK Ui^LAlir-i FUL RETURN OF JuRORS, AND BY DENIAL OF HIS LAWFUL CHALLENGES." Is it, then, too much for us to expect, that in this enlight- ened age, the sentence against Thomas Muir will speedily be Reversed, on precisely similar grounds ? He made, you will find, a solemn and affecting Appeal to Posterity ; an ;,M >:'.-',-. ■■'. ,>;■;■/'■ .'r'i •■'■i ■ ■ , '; :;■■, ! ■,' iiV. — ■, ■! '■ "j >' . V ;■)-• •>■ „■, ^, • ri*" ' ■■''■■ '■ ■"'.-' .«>>'" Ht f'' % ' • '■'' ' , , • ,. •:a\ ■ '■■'■I n ■ e have the this world >mas Muir his Judges iarts of all rived of its t Omnipo- id to bind m APPENDIX. No. I. THE TRIAL or THOMAS MUIR, ESa ADVOCATE, . YOUNOCR OP HUIITKK IHILL. The High Court of Justiciary met at Edinburgh, on Friday, the 30th August, 1793. Judges prevent, The Lord Justice Clerk, M'Queen. Lords Hendbrland, DUNSINNAN, Lords SwiMTON, Abbrcromby. Mr. Muir appeared at the Bar, and the Clerk of Court was ordered to read the following Indictment i^nat him : George the Th ird, &c. Whereas it io humbly meant and complained to us by our right trusty Robert Dundas, Esq. of Amiston, our Advocate for our interest, upon Thomas Muir, younger of Hunters- hill, That, by the laws of this and every other well governed realm, the wickedly and feloniously exciting, by means of Seditious speeches and harangues, a spirit of disloyalty and disaffection to the King and the establieihed Government, more especially, when such speeches and harangues are addressed to meetings or convocations of persons brought together by no lawful authority, and uttered by one who is the chief instrument of calling together such meetings : As also, the wickedly and feloniously advising and exhorting persons to purchase and peruse seditious and wicked publications and writings, calculated to produce a spirit of disloyalty and disaffection to Uie King and Government : As also, the wickedly and feloniously distributing, or circulating any seditious writing or publication, of the tendency afore- said, or the causing distribute or circulate any such seditious writing or publication : As also the wickedly and feloniously producing and reading aloud in a public meeting or convocation of peraons, a seditious and inflammatory writing, tending to produce in the minds of the people a spirit of insurrection and of opposition to the estab- lished Government : And the publicly approving of, and recommend- ing in said meeting, such seditious and inflammatory writing, are all and each, or one or other of them, crimes of an heinous nattu«, dangerous to the public peace, and severely punishable : Yet true it is, and of verity, That the sa' ' Thomas Muir is guilty actor, or art and part, of all and each, or one or other of the said crimes aggravated 48 |!! as aforesaid : In so far as, on the third day of November 1792, or one or other of the days of that month, or of the month of October immediately preceding, or of December immediately following, the said Thomas Muir having been present at a meeting, in the town of Kirkintilloch, parish of Kirkintilloch, and county of Danbarton, de- nominated " A Society for Reform," nr bearing some such name ; and also having, some time during the course of the sa' ^ ' onth of Novem- ber aforesaid, been present at another meeting at lltoun, parish of Campsie, and county of Stirling, which meeting wi. also denominated, <' A Society for Reform," or bore some such name, and both of which societies above-mentioned, the said Thomas Muir was the chief means of instituting and forming ; he did, at times and places foresaid, with a wicked and seditious intention, address and harangue the said meetings; in which speeches and harangues, the said Thomas Muir did seditiously endeavour to represent the Government of this country as oppressive and tyrannical, and the Legislative Eo'Jy of the State as venal and corrupt, particularly by instituting a comparison between the pretended existing Government of France, knd the Constitution of Great Britain, with respect to the expanses necessary fur citrrying on the functions of Government ; he endeavoured to vilify thti monarchial part of the Constitution, and to represent it as useless, cumbersome, and expen- sive : At least, the said Thomas Muir did use words and arguments of the above seditious tendency and import. Further, the said Thomas Muir did, sometime during the course of September, October, or No- vember 1792, at Glasgow, Kirkintilloch, Milltonn, fcc. and elsewhere, wickedly and feloniously, exhort and advise several persons to purchase and peruse various seditious pamphlets or writings ; particularly, the said Thomas Muir did, some time in the months aforesaid, within his father's house at Glasgow, aforesaid, or some other place to the public prosecutor Unknown, wickedly and feloniously advise John Muir senior, late hatter in Glasgow, Thomas Wilson, barber there, and John Barclay, residing in the parish of Calder, to read Paine a Rights of Man, and to purchase the same ; which book or pamphlet entituled, Paine's Rights of Man, is a most wicked rnd seditious pub- lication, calculated to vilify the Constitution of this country, to produce a spirit of insurrection among the people, and to stir them up to acts of outrage and opposition to the established Government. Further^ the said Thomas Muir did, in the course of the months of September, October, or November aforesaid, wickedly and feloniously distribute and circulate, or cause to be distributed and circulated, in the towns of Glasgow, Kirkintilloch, and Milltoiin aforesaid, &c. a number of seditious and inflammatory Writings or pamphlets ; particularly a book or pamphlet, entitled, " The Works of Thomas Paine, Esq." Also, a writing or publication, entitled, *' A Declaration of Rights, and an Address to the People, approved of by a number of the Friends of Re- form in Paisley ;"al8o, a paper or publication, entitled, '< A Dialogue betwixt the Governors and the Governed ;" also, a paper or publica- tion, entitled, " The Patriot :" Particularly, the said Thomas Muir did, some time in the month of October, or of November aforesaid, 49 ler 1792, or of October llowing, the the town of nbarton, de- I name ; and !i of Novem- iin, parish of lenominated, oth of which ) chief means ■Gsaid, with a aid meetings; d seditiously ts oppressive as venal and he pretended reat Britain, the functions 1 part of the , and expen- id arguments said Thomas ober, or No- id elsewhere, IS to purchase ticularly, the esaid, withih place to the advise John barber there, read Paine s or pamphlet editions pub- y, to produce im up to acta It. Further, f September, sly distribute in the towns a number of ularly a book Esq." Also, ights, and an riends of Re- ' A Dialogue >r or publica- 'homas Muir l)er aforesaid. at Kirkintilloch aforesaid, or at some other place to the public prose- cutor unknown, wickedly, and feloniously deliver and put into the hands of Henry Freeland, weaver in Kirkintilloch, a seditious book or pamphlet, entitled, " The Works of Thomas Paine, Esq." (wh!^h the said Henry Freeland carried away with him ;) — which book or pamphlet, along with the other wickbd, seditious, and inflammatory passages, contains inter alia the following :— From Paine 8 Workt. Part I. page 13.—'* Monarchy is ranked in scripture as one of the ains of the Jews, for which a curse in reserve is denounced against them." P. 20,~m.** Why is the Constitution of England sickly, but because Monarchy hath poisoned, the Ilepublie ? The Crown bath engrossed 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 impoverish the nation, and set it together by the ears." P. 78.--" What are the present governments in Europe, but a scene of iniquity and oppression ? What is that of England ? Do not its own inhabitants say it is a market where every man has his price, and where corruption is common traffic ?" P. 5i. — <* The attention c^ the Government of England appears, since its political connexion with Germany, to have been so completely engrossed and absorbed by foreign affairs, and the means of ra'sing takes, that it seems to exist for no other purposes. Domestic concerns are neglected ; and with respect to regular law, there is scarcely such a thing." And the said Thomas Muir did, some time in October or Novem- ber aforesaid, within his own or his father's house at Huntershill, &c., or at some othar place to the Public Prosecutor unknown, wickedly and feloniously put into the hands of William Muir, weaver in Kirkin- tilloch, eleven numbers of a seditious book or pamphlet, entituled, ** The Patriot," which the said W^illiam Muir carried away with him, and kept possension of; and which book or pamphlet contained among others the following seditious passages : JFtom tAe Patriot, No. V. page 168 and 169. — " They have lost the distinguishing character between freemen and slaves ; they have lost the distinguish- ing character of Englishmen I They have lost what the most tyrannical Kings of England could never force from them ! They have in a great measure lost what their forefathers spent their blood and treasure to defend— the greatest jewel that any people can possess— their consti- tutional and natural liberty — their birthright and inheritance derived from God and Nature I They have lost the constitutional means of redress for all their grievances !— What is it, indeed, they have not lost by that hated septennial law, which has fettered down the elective power of the people, like a dog to a manger, who is only suffered to go abroad once in seven years for an airing I" l and 185. — " Rouse then ve Britons I Awake pp. ye u 50 the stumbering yourselves state of apathy in which you have so long suffered gloriously to remain ? Open your eyes to the injuries :,* I A j[ % i which have been heape 1 on you ; and assert your right to have them redressed. Evince to all the world that you are the true descendants and sons of your once famed glorious ancestors; prove yourselves worthy to inherit in its highest degree of perfection, that Constitution which they raised by their valour and cemented by their blood. Raise your voice — The voice of the people— and sound in the ears of tyrants and their abettors, that yon will be free, and you are so : That voice is the noble, the mighty fiat, which none can, or dare to, attempt to gainsay." No. XI. p. 375. — *< And what would the Earl of Chatham have thought, if he had lived to hear people now talk of a hoppy and glo- rious Constitution, evidently built upon corruption, and supported by peculation I" P. 419. — " We may easily trace the means by which our nobility are at this moment not only in possession of one branch of the Legis- lature by hereditary claim, but by which they have also monopolized, with the addition of a few rich commoners, the majority of voices in the House of Commons, which, shame to tell, is barefacedly called thi* Representation of the People. This we pledge ourselves to prove to the satisfaction of our readers in the course of this work." And the said paper or publication, entituled, " A declaration of nights, and Address to the People, approved of by a number of the Friends of Reform in Paisley," distributed and circulated as aforesaid, contained the following passages : P. 4. — " 1. Being subject to the legislation of persons, whom other men have placed over you, it is evident you are denied that which is the right of every one, and without which none are free. For to be enslaved, is to have no will of your own in the choice of those law makers, which have power over your properties, your families, your lives, and liberties. Those who have no votes for electing Represen- tatives are not free, as the rights of nature, and the principles of our Constitution, require, but are enslaved to the Representatives of those who have votes." P. 5. — « 3. Should you not associate in your own cause and with one voice ? the voice of united millions demand reform in the national representation." P. 1 5. — « But the evils of long Parliaments — are they not written in tears and in blood ? And have they left us aught of liberty but the name ? With the poor exception, then, of one year of freedom in seven, and that in favour of not one-seventh part of the nation, it is demonstrated that you are constantly taxed without being represented, and compelled to obey laws to which you never gave assent. Are not these the very definitions of slavery ? And, are you not thus degraded to a level with the very cattle in the field, and the sheep in the fold ; which are a property to those who rule over them, and have no power to say, why are we bought and sold ? why are we yoked and laden with heavy burdens ? why are we fleeced and led to the slaughter ? 2 51 long suffered 1 to the injurie* lit to hare them rue descendants rove youraelres lat Constitution ir blood. Raise e ears of tyr&nts so : That voice i to, attempt to Chatham have happy and glo- id supported by ich our nobility cb of the Legis- so monopolized, ■ity of voices in cedly called thn Ives to prove to rk." L declaration of I number of the ted as aforesaid, ins, whom other id that which is pee. For to be ce of those law families, your cting Represent rinciples of our itatives of those cause and with I in the national hey not written ~ liberty but the of freedom in ;he nation, it is ing represented, issent. Are not >t thus degraded 3ep in the fold ; have uo power oked and laden the slaughter? Demand then, with one voice, friends and countrymen, that oharo in making your own laws to which, bv the constitnUon and the laws of nature, you are entitled ; call for the Bill which would restore your lost constitution, and recover your stolen rights. Pursue the only course which can over effect any considerable reduction of debts and taxes, or materially advance the interest of manufactures and commerce. In short, be free, prosperous, and happy ; and give your posterity the samp cause to revere your memories, as you have to bless those pro- genitors who left you an inheritance in a free constitution." And the above writing or publication, entitled, ** A Dialogue be- tween the Governors and the Governed," distributed and circulated as aforesaid, contained, among others, ihe following passage :— " Civil Governors, — The law enacts th«t ye be submissive. *' People. — The law is the general will, a new order. . ** Civil Governors. — You will be a rebellious people. " People. — Nations cannot revolt ; tyrants are the only rebels. ** Civil Governors. — The King is with us, and he conamands you to submit. " People.— -Tho Kingly office originates in the people, who elect one of themselves to execute it for the general good. Kings, there- fore, are essentially indivisible from their nations. The King of ours, then, cemnot be with you ; you only possess his phantom. And the Military Governors, stepping forward, said, " Tho people are timid ; let us menace them ; tliey only obey force — Soldiers, chastise this insolent rabble." " People. — Soldiers, you are of our own blood ! — Will vou strike your brothers ? If the people perish, who will maintain the army ? And the soldiers, grounding their arms, said to their chiefs. We, alsoj are the people, we are the enemies of ." " Whereupon the Ecclesiastical Governors said—" There is now but one resource left. The people are superstitious ; we roust frighten them with the name of Gozii' roatory address produced, read, recommended, an casion, the Pa'nnel exhorted them to pursue measures moderate— legal —peaceable — and constitutional. ** The charge of distributing seditions publications, and of advising the people to read them, is equally false and calumnious. " The Pannel admits (hat on the great national question, concerning an equal Representation of the People in the House of Commons, he exerted every effort to procure in that House, a full, fair, and equal Representation of the People, as he considered it to be a measure (and still does) tite most salutary for the interest of his country. ** But the Pannel offers to prove, that, as he considered the informa- tion of the people to be the chief thing requisite to accomplish thii great object, he uniformly advised them to read every publication, upon either side, which the important question of Parliamentary Reform had occasioned. (Signed) ** Thomas Muir." > Lord Justice Clerk. " Have you any thing further to state in sup- port of your defence ?" Mr. Muir. " My Lords, I have nothing further to state at present. I reserve myself till I come before a Jury of my country. I again admit that I have done every thing in my power to promote Parlia- mentary Reform. If that be sedition, I at once plead Guilty to the charge. I also admit, that I advised the per ' e to read books of all kinds, not this book, nor that book, but books on either side, which would tend to inform their minds, on the great and important national ques- tion which gave rise to their Association, nor shai^ I hesitate to declare my motives— My Lords, I consider the ignorance of the people to be the source from which despotism flows. I am also of opinion that an ignorant people, impressed with a sense of grievances, and demand- ing redress, are exposed to much misery, and perhaps to ultimate 'iiin. Reformation ought always to be preceded by knowledge ; and who will say, that mankind should be precluded from that information, which concerns them so materially ? Lord Justice Clerk. '« Do you mean to rest your defence on what is stated in this paper ? If you have any other facts to prove, it will .04 11! ko ncecMtry fur you to utate tliem now, before the Jury ia inipan* nelled, aa they will not be admitted afterwards." Mr. Muir. •* I offer to prove by thoaaand* of witneaaea, that ao far from recommending^ *aeditioua practicea/ I have uniformly adviaed the people to follow none but peaceable, orderly, and conatituttonal meaaurea. And, finally, that I exhorted them to connect knowledge with Uberty, and both with morality. If these be Crimea, then I am Guilty." Their Lordahipa now proceeded to give their opiniona on the role* vaocy of the Indictment. Lord Htnderland. The charge againat the Pannel ia for a crime of the moat dangeroua tendency. The Pannel, too, is a peraon belong- ing to the Faculty of Advocatea, who, hia Lordship presumed, muat have received auch an education, aa might have inatructed him in the lawa and conatitution of hia country. It ia moat extraordinary that auch a peraon should wickedly, and felonioualy, harangue ignorant country people, and circulate seditioua publicationa. These practicea could nave no other tendency, than to excite a apirit of diacontent againat the King and Government of thia realm, and to introduce level- ling principles, which the Pannel muat have known, from the hiatory of his country, had occ&sioned so much blood more than a century ago. Can the Pannel have turned his eyes to the melancholy state of a neighbouring nation, to the scenes of blood and devastations in France, where the grossest oppression exiated under the pretended name of liberty and equality? His Lordship sincerely hoped that the gentleman would be able to exculpate himself, but we are obliged to hold the Indictment true, and which, if proven, must infer every thing abort of capital punishment. Lord Sunnton- Hia Lordahip did not believe, that in the memory of man there had ever been a libel of a more dangerous tendency read in that Court. There was hardly a line of it which, in his opinion, did not amount to High Treason. Lords Dunsinnan and Abercrombie coincided in opinion as to the dangeroua tendency of the crime charged ; and, if proven, the highest punishment should be awarded against tho Pannel. The Lord Justice Clerk. The crime charged is Sedition — and that crime is aggravated according to its tendency. The tendency here is plainly to overturn our present happy Constitution — the hap- piest, the best, and the most noble Conatitution in the world ; and I do not believe it possible to make it better. The books which this gentleman has circulated, have a tendency to make the people believe that the Government of this country is venal and corrupt, and thereby to excite a rebellion. His Lordship agreed to find the libel relevant to infer the pains of law. An Interlocutor to that effect was accordingly pronounced. The Lord Justice Clerk now proceeded to name the Jury, and called Sir James Fowlis, of Collington, and Captain John Inolis, of Auchindiny. Captain Inglis^ on answering to bis name, rose and stated, that 55 iry is impan- el, that so far »rinly adfiied conatitutional ct knowledge lea, then I am I on the rele> for a crime of erson belong- eaumed, must ;ed him in the Bordinary that tigne ignorant lene practices of discontent troduce level- m the history an a century choly state of evastations in ihe pretended loped that the are obliged to er erery thing n the memory tendency read n his opinion, >pinion as to if proven, the tel. Sedition — and rhe tendency ion — the hap- world ; and I tks which this people believe t, and thereby libel relevant inced. he Jury, and PTAiN John i stated) that being iu his Mujesty » service, he did not wish tu be on this Jury, a» he thought it unfair, in a case of this nature, to try Mr. Mutr by servants of the Crown. Tfu Court informed Captain Inglis, that there was no impropriety in his being a Juryman, although belonging to the service of Govern* ment. TAt Lord Justtct Clerk, after having selected the first five Jury- men, asked Mr. Muir if he had any objection to them? Mr. Muir. " My Lords, of these five gentlemen I have no personal knowledge. I believe their situations in life are respectable ; and that they are men of probity and honour. But my situation and theirs is so peculiar, that I am obliged to object to their being upon this Jury. My Lords, you know that the question of Parliamentary Reform has agitated deeply the minds of men in this country ; different opinions have been adopted, and different parties have been formed. The gentlemen now selected by your Lordship, as my Jurymen, belonged, at that moment, to an Association which assembled in Goldsmiths' Hall, calling themselves the Friends of the Constitution, united to support it against what they were pleased to call * republicans and Jevellers,' and oipressiiig their zeal to suppress < tumult and sedition.' My Lords, I belong to the association of tlie ' Friends of the People.' Viewing a reform in the representation, as a measure conducive to the stability of the Constitution an(i ^.o the felicity of the people, we united our common exertions, by .egal measures, to accomplish tliat object. *< My Lords, to the Constitution, in its genuine principles, we, the friends of the people, have solemnly pledged ourselves. Never have we professed to be its enemies ; yet the Association in Goldsmiths' Hall, by a deliberate and public act, have declared that we were the enemies of the Constitution. Nay, that Association has denounced us to the country aa attempting to kindle the torch of civil war, and to lay it in blood and destruction I The fact, upon which I found this charge, is notorious, and caimot be denied. A Convention of dele- gates, from all the Societies of the Friends of the People in Scotland, assembled in this city on the 11th day of December last. Of this Convention I had the honour of being a member. The Convention accorded with the Association in Goldsmiths' Hall, in their zeal to support the Constitution, in their abhorrence of sedition, and in their determination to concur with good citizens in the suppression of riot and tumult. And to testify their principles and their object, the Convention ordered a number of its members to repair to Gold- smiths' Hall, and to subscribe the declaration there' lying of adherence to the Constitution. In this number I was included. We did so — and what were the consequences? Why, the Association erased x>ur names, and published their proceeding in the Papers of the day ! Was not this an act of public proscription against us all ? Accused this day of sedition,— >of an attempt to overti.row the Con- stitution, bball those men be my Jurymen, who have not merely 56 accused me, bnt likewise jatlged and condemned me, without know- ing me,— >withpat hearing me in my vindication ? My Lords, thia trial is no trivial matter. It affects me ; but it affects the country more. The noise of it will pass dorvn *o other times, and pos- terity may fancy their most valuable rights connected with ita conseqaences. <* Bnt, my Lordi>, this is not the only objection I state to the gentlemen of Goldsmiths' Hall being of my Jury. I am accused of circulating the works of Mr. Paine. That Associatiou has publicly advertised their borrots at the doctrines contained in these works. Nay, more, they have offered a reward of five guineas to any one who will discover a person who may have circulated them I If this is not prejndicating my cause, I demand to know what prejudication is ? Upon these two objections I shall make no farther observations. To suppose them not well founded, would be to insult the common sense aud feelings of mankind. ** My Lords, t demand justice. — Let me be triad fairly, — not by a Jury of the Association of Goldsmiths' Hall, — not by a Jury of the Association of the Friends of the People, but by men unconnected with either, and whose minds are not warped wit}> prejudices. I,^ therefore, solemnly protest that no person, who is a member of the Association in Goldsmiths' Hall, can sit aa a Juryman on my trial." , replied, that he considered this objection to be of the most extraordinary nature. The pannel is accused of forming associations contrary to the Constitution, and he presumes to object to those gentlemen who formed assooiations in its defence. With equal propriety might the pannel object to their Lordships on the Bench, to be his Judges in this trial, for their Lordships had sworn to defend the Constitution. Mr. Muir,-^*' This day I will not descend into the quibbles of a lawyer. I.' object to these gentlemen, not because they associated in defence of the Constitution. I too, as well as they, have associated in defence of the Constitution. But my objection is, that they by an act of theirs, have publicly accused me of being an enemy to tlie Consti« tution, and have virtually pronounced my condemnati ' i." Lord Juitiee Clerk.—** I can see nothing in the c jection, and am clear for repelling it." The objection was accordingly unanimously repolh»re8umes to its defence. Drdships on dships had libbles of a ssociated in ssociated in )y by ari act tlie Consti- on, and am the Court, sworn, Mr. en of truth tontion the led his fate, ice, he en- mcurred in ng up their (W6 now publish the names of the Jury, and beg to render some of their designations a little more complete th«n they have yet been :) Gilbert Innes of Stow, Foreman. * Sir James Fowlis of Collington.f Capt. John Inglis of Auchindiuy.;]: John Wauchope of Edmonstone.^ Andrew Wauchope of Niddry Marichal.|t John Trotter of Mortonhall. ^ Jamea Rochead of Inrerleith.** John Alves of Dalkeith. Wm. Dalrymple, M'-rcbant, Edinburgh. Donald Smith, Banker, there.f f James Dickson, Bookseller, there. George Kinnear, Banker, there. Andrew Forbes, Merchant, there. John Horner, Merchant, there. John Balfour of Pilrig, Clerk. ■ The Lord Advocate now proceeded to call the following evidence for the Crown, Alex, Johnatone, bleacher, Kip<;aid Printfield, Campsie. Mr, Muir objected to this witness. He did not know him, and did not remember if he had ever seen him, but he offered to prove, by respectable witnesses, that this man had declared that he would do all that he could to get him (Mr. Muir) hanged. SoUcHor General replied, that if this objection were listened to, it would be in the power of any person to disqualify himself from being a witness in any cause. The Court unanimously repelled the objection. The witness being sworn, stated that he was present at a meeting in Kirkintilloch, in November last, known by the name of a Reform Society. Henry Freeland, weaver in Kirkintilloch, was president* Mr. Muir was there, and said he was happy to see so full a meeting ; he mentioned the disadvantages under which this country laboured from an unequal representation of the people in Parliament ; said thai many places which contained great numbers of inhabitants were nol represented at all; spoke of the Rotten Boroughs, and the small number of rotes in such places— the influence of Lords — and that one * Daput^Lieutenaiit for the County of Edinburgh, && &c. We observe this Mntle- raan has lived to append his name to the late anh'-reform petition in Edinburgh. He must notv be nearly worn out in the service l—Hetp. SO. f See Pension list of Scotland name " Fowlis." In the pay of Government Commissioner of Property Tax, Edinburgh. Commissioner of Property Tax, Edinburgh. Par uobile fratrum I 5 One of the protogees of the late Lord Melville. , ** Commissioner uf Property Tax, Edinburgh. " ■j'f Deputy Lieutenant, Edinburgh. We have thus analyzed the majoritij of tbnse gentlemen, and leave the rest iu peace and quietness. "W 58 ^li h ] r I mnn in some places could make two Members of Ptaliament — that the Members of the British Parliament were often not the representatives of the people — that if a man threw away L.20,000, in making himself a Member of Parliament, he surely had some interest in it — that the Duke of Richmond had complained of this, but that L.30,000 had been put into his pocket to silencb him. Mr. Muir also observed that the French would now, without a doubt, be successful — that they were more equally represented than the people of Britain, and their taxes less. Mr. Muir pointed out regulations for the Society ; said they should be well acquainted with the principles of those they admitted into it : the sole intention of such societies was to obtain a more equal repre- sentation of the people, and a shorter duration'of Parliaments — advised the meeting to publish their sentiments, to obtain political kccv/Iedge by corresponding with other Societies, and reading political books or pamphlets. »The witness being Interrogated if Mr. Muir men- tioned any particular book— answered, that he mentioned none in particular. IrUerrogcUed by the Solicitor General, if there was any thing said about the Royal family — No, nothing was said on that subject, except that they were to hold it legal to> have a King : No- thing was said about the powers of the King, or the expenses which his Government might incur : Some person present inquired into the principles of the Society ; and one near him said, that for his part he bad no need of any explanation, as he had read Paine's Rights of Man : Did not know that Mr. Muir heard this conversation : The meeting was principally composed of Weavers, from 18 to 21 years of age : Mr. Muir did not join the meeting till after it was constituted : It was known that he would attend : He was considered the chief person at it : Mr. Muir recommended to the people, who intended to form themselves into Societies for Reform, to do so as soon as possible, in order that they might be able to communicate their sentiments to one another, and lay their Petitions before Parliament. Cross-examined by Mr. Muir : Admitted that Mr. Muir recom- mended order and regularity, and told the meeting that any act of tumult would ruin their common cause, and that there was no other mode of procuring redress but by applying to Parliament : He also recommended to the meeting to beware of admitting immoral characters as members. Robert Weddel, vrewet in Kirkintilloch, was at a meeting at Kirkintilloch in November last — the object of which was to obtain Parliamentary Reform : It was called a meeting of the " Friends of the People :" Witness was vice-president of the meeting, and James Baird was secretary : Saw Mr. Muir after it was constituted, who made a speech about the inequality of representation: Mr. Muir was for King, Lords, and Commons: Said that the Society ought to petition the House of Commons, and proceed in a constitutional manner : Nothing was said about the expenses ' of the King, or the burden of taxes, or any comparison made between the Government of France and of this country: Did not recollect how long Mr. Muir spoke : Was at another meeting with him : The conversation ^^ 59 t — that the entativea of g himself a it the Duke id been put the French were more taxes less, hey should ted into it : qual repre- ss — advised kncv/ledge al books or iifuir men- id none in there was aid on that Cing ! No- inses which ed into the his part he i Rights of ition : The to 21 years onstituted : d the chief intended to as possible, itiments to uir recom- any act of s no other : He also characters neeting at to obtain Friends of and James ;uted, who Mr. Mnir iety ought istitutional Dg, or the ovemment long Mr. >nver8ation at this second meeting (in the house of W. Wallace, Kirkintilloch) was on different subjects, — relating to the news of the country, — and about books : There might be above eight* individuals present ; not one-fourth of the first meeting : Henry Freeland, president, and James Baird, secretary of the former meeting, were present at this one also : Flower's book on the French Constitution was mentioned in the course of the conversation : Witness never heard of that book before : Thinks it was Muir who mentioned the book, but cannot be positive : Paine's book was not spoken of at this meeting, but was at the former, where one Robert Boyd asked Mr. Muir's opinion of Paine, and Mr. Muir answered, that it was a book quite foreign to their purpose. - The Lord Advocate asked the witness what was said about Flower ou the French Constitution ? Mr, Muir objected to the question : ** My Lords, Mr. Flower's book contains no sedition ; but although it had been of a most sedi- tious and treasonable nature, yet the indictment is utterly silent about it. I am not here accused of recommending or circulating that book, and how, therefore, can any thing concerning it be now adduced in evidence against me ? I plead upon a great principle of natural justice. I look forward to other times, and tremble for the precedent. If this were not the case I would say, not merely that I approved of Mr. Flower's book, which does honour to its enlightened author, but in this great audience, I would recommend its principles to every man who values his country." Lord Advocate. — " The charge agunst the pannel is sedition, branched out under various heads. One is, advising people to pur- chase seditious books, and the prosecutor was entitled to examine as to such facts, though every particular book or fact was not condescended on in the libel." Mr. Muir replied, that a charge in criminal law ought not to be general. Would it be fair in the Lord Advocate, if he, Mr. Muir, had been tried for robbery, to bring a proof that he was guilty of murder ? He could have proved that Mr. Flower's book is no libel, or he might have brought evidence to prove that be never recommended or circulated it ; but here an unfair advantage was taken of him ; it was a secret trap, an engine laid to ensnare him. Lord Justice Clerk. — By the statute of James the 6th, wherever <• art and part," is libelled, there can be no objection to the generality. This is a proper question— and it has a tendency to establish the major proposition, and it ought to be sustained. "The Lord Advocate, however, gave up the question. The examination of the witness was resumed. He deponed that there was something mentioned at the meeting about purchasing books, and Henry's History of England was mentioned. Being interrogated as to what books were purchased in consequence of this conversation ? Mr. Muir objected to the question on the same ground as before ; but the objection was repelled by the Court. The witness was then again interrogated, what were the books he had purchased, or any other person he knew ? Deponed, that he purchased two or three copies of 9& •V'i I the Political ProgreH of Great Britain, and three or four copies of the Paialey Declaration of llighta : That these parchaaes were iiade merely for hia own amosement : That a copy was laid upon the table before the meeting was gathered : Knew of no copies of Piaine being circulated: Had read it, bat did not recollect from whom he had received it : Had seen one of the numbera of the Patriot, which was shown to him by William Muir. CrosS'examined-^Henry'u History of England was spoken >f by Mr. Mtiir : Did not advise the people to riot : Mr. Mufi 'atl -it advised them to constitutional measures, and said, the more constitu- tional the more successful they would be. He- interrogated by Solicitor General, and asked what he meant by a Reform in Parliament ? Was every man to have a vote ? Wit- ness hesitated, and said there were different opinions— i^-they wanted a more equal representation^ Interrogated what he meant by a more equal representation — who were to have votes ? The witness did not reply readily to this question, and the Solicitor General observed, that he wondered what Mr. Muir intended to make of the people ;— if -ill the members of the Society were ao ignorant as this witness- tins Vice-President — they must know nothing about the matter. Witness then stated, that there were two opinions in the Society — one party was for having the rights of voting conBucd to landed property, the oth« wanted every man to have a vote. Interrogirted, which party was he of? Witness had not fully made .up his mind on the question. Did Mr. Muir give his opinion on this point ? He did not. Again cross-examined by Mr. Muir — Witness remembered that Mr. Muir dissuaded the people from tumult and sedition ; and stated to the Society, that if they were to pursue unconstitutional measures, he (Mr. Muir) would desert them : Did not recommend one book more than another. Rev. James Jxtpslie,* Minister of Campsie. Mr. Muir rose and stated, that he had many objections to state, both to the admissibility and credibility of this witness. " My Lords, My delicacy with regard to that man will, at present, permit me to adduce the least weighty only, for I mean to prove the most important in a different shape — in a criminal prosecution against him, when he and I shall exchange places at this bar. I know not what title this reverend gentleman has to act as an agent for the Crown, but this I offer to prove, that he assisted the messengers of the law in exploring for, and citing witnesses against me ; — that he attended the Sheriffs in their different visits to the parishes of Campsie and Kirkintilloch ;— that previously to the precognition he conversed with the witnesses for the Crown — that he attended their precognition — put questions to them, and took down notes — nay more, that, without being cited by the prosecutor, he has voluntarily come forward as a witness on this trial. My Lords, upon other matters I shall not here dwell ; it * Sue (he sketch of hiin, p. H. 61 copiei of were iviade n the table laine being in be had which <¥aa ken )f by luh at; ■it e couBtita- he meant »te? Wit- y wanted a by a more ritness did / observed, people ;—> witness- he matter, iciety— one d property, itedt which aind on the He did not. ibered that and stated 1 mrasnres, 1 one book IS to state, My Lords, srmit me to It important to, when he It title thu I, but this I n exploring e Sheriffs in intilloch ;— e witnesses It questions being cited witness on dwell ; — it is sufficient for me to say, that this witness attended the precognition of other witnesses, and the uniform and late df>ci8idns of youi Lor''.< ships have sustained this objection." The Cottrt allowed Mr. Muir to adduce evidence in support of his objection, and he called Henry Freeland, weaver, in Kirkintilloch, who deponed, that he was examined in a house in Kirkintilloch, before iVIr. Honyman,* Sheriff of Lanarkshire. Mr. Lapslie was present, and put questions to witness. Lnoslie asked him if he had ever seen Mr. Muir at any meetings ? Wuness answered, he had. When witness was signing his deposition before the Sheriff, Mr. Lapslie asked witness, •< If be had got a college education ?" Upon answering in the negative, Lapslie clapped witness on the shoulder, and said, '* Yon write a good hand." Witness did not reply immediately, and Mr. Lapslie said, '* It is a pity for such a clever young man as you to be a wea- ver. Mr. Honyman will, perhaps, procure you a birth." Witness said, " that is flattery !" Mr. Lapslie again clappod him on the shoulder, and said, « Not at all, — Mr. Honeyman wil^ pt-dbably call on you again." Robert Henry, engraver, Kincaid printfield. Witness admitted that he was examined at Milton, by the Sheriff, aiid that Mr. Lapslie was present. -^ Robert M*Kinlay, print>cutter, near Paialey, was examined at Campsie, by the Sheriff ; Mr. Lapslie, <3nd Mr. Shells from Glasgow, were present. Mr. Lapslie spoke to witness before the examination, and bade him tell every thing, as it did not concern him, (the witness,) but Mr. Muir. Mr. Muir now proceeded to call James M^Gibbon, when the Lord Advocate gave up Mr. Lapslie's evidence; consequently no other witnesses were examined in regard to the conduct of that gentlemtin. The evidence fur the Crown was then resumed. Henry Freeland was present at a meetihg in Kirkititllloch, called » Society for Reform, in November last — witness was prtesidant — Mr. Muir was there and made a speech that lasted about a quarter oC an hour. The general purport of the speech was as to shortening the duration of Parliament, and ft more equal representation of the people. Mr. Muir thought the taxes might be lessened by these means — said that a Reform was not to affect the King or Ldrds, but only the Commons. Mention was made of the "success of the French arms, and that liberty would be established in FVance. Mr. Muir spoke of political books, but witness does not recollect of any but Henry's History of England— Witness remembers to have seen the proceedings of the Westminster Association, the Patriot, and Paisley Declaration. It had been suggested by one Boyd to purchase Paine, but Mr. Muir shook his head and said it was foreign to the purpose. Had some farther conversation with Mr. Muir in the house of Wallace, * Afterwards crented a Baronet: and Lord of Session and Justiclary.--See Pension list of Scutiand tor " Iluneyuiaii." (j, !i I i \ .^^-^%i^, 62 Innkeeper, Kirkintilloch ; Mr. Muir aaid that Paine 'a book had a ten* dency to inisleiid weak minds. — Witness ezpresse - a' wish to see the book — Mr. Mair told him it was in his great>coat pocket lying on a chair in the room. Witness then took the book out of the great-cont pocket, and said he was surprised that Mr. Muir di<* not recomnti-^nd it to him, because every body was pleased with '.'<» Witness saiu to Mr. Muir that he believed the King's ProcUmation was directed against Paiue's book : Mr. Muir agreed in this : Witness took the book home with him and read it : He also gave it to others to read, viz. John Scott, wright, and John Stewart, «;ooper, members of the Society : Witness received two letters from Mr Muir — they took no notice of the circulation of the bookf^ .; Mr. Muir said that a Convention of Delegates of the Friends of the People was to be held soou at Edinburgh, and he hoped to see wi^neHS there. A copy of Paine's work produced in Court, was identiilsd by witnosn to bo th^ book v/hich he took out of Mr. Muir'^ gt i.'at-(;oAt pooket, ns beforo stated : Witness first spoke of the book to Mr. Muir : VV";l'am Muir was also present on the occasion. Cfoss-rramined by Mr. Muir: Witness had a coj'venakion about forming is Reform Society before he saw Mr. Muir; *;'r, Wfcikce, in whost' house the meeting took place, was an oUi het vant one of those who were called the Moun- tain : That he had no objection to be examined — and would tell the whole truth, but could not wrong his conscience by taking an oath which he considered unlawful. The Court told him, if he would not swear, he would be committed to prison, — that there was no way by which he could ever obtain his liberation, and that his imprisonment would be perpetual : He replied that he could not help it, and that he knew the Lord could be with him in prison as well as any where else. The Lord Advocate moved that this person should be committed to prison for his contumacy — and in express words informed him that there was no way by which he could ever be set free — that, in short, *< his imprisonment would be eternal I I" Mr. Muir — My Lords, I believe this person to be a good and con- scientious man. Whether be be right or wrong in refusing to take this oath, is not an object of my inquiry: He is adduced as a witness. t was 63 had a ten* to see the lying on a great-cant ecoDinti'^nd ess saiii to lv directed IS took the rs to reaJ, liers of tiio ey took no Convention eld sooii at of Paine's )o %h6 book for<; stated : uir was also .. ■' ttiion about r.. Wallace, ?ant «i Mr. )ouk except careful that r into their )nstitutional :o see Paine's t the King's ) see a book itli was pro- ear, as being se principles i the Moun- onld tell the ing an oath e committed Br obtain his ! He replied >uld be with committed aed him that lat, in short, ood and con- ising to take as a witness, in the prosecution against me. 1 have therefore the most material interest that he should be sworn, but rather than he should suffer for acting accordinfl^ to the diiUates of his conscience, I waive my right, and I will adn>it every wosd he Mtters, though not upon oath, to be as true as if ir. ".ver'' . The Court obfe«ft . vil that neither %hey nor the Jury could listen to any evidence (.-xcept nnvh an •^'as ;;i v <^. upon oath. The law expressly lequirod it — inu'\ it ceald roi bo (i'wjv.'nsed with. The witness persisting iu his refusal, the Court committed him to prison, al witness against Mr. Muir, and it was noticed in the early reports of the trial that she answered the questions put to her by the prosecutor, witli much prompti- tude and flippancy, and did not appear to be any way embarrassed when before the Court, a circumstance rather unusual for a girl in her situation of life. But we, perhaps, can give a cue to all this, when we state, that shortly before the trial she was taken into tho*service of the late Mr. John Carlisle, Collector of Taxes for Glasgow ! We will give the remainder of her history in a little. it! !! ,n f)* F. ! in Brash and Reid'a, Uuoksellcrs, Glasgow : She purchased it also for one Barclay, a Weaver at Cahler : Knows Thomas Wilson, who is Mr. Mnir's hairdresner : Muir told Wilson to buy Paino's work, and keep it in hia shop for the people who came there : Muir said it would enlighten their minds, and that it confuted Mr. Eurke entirely : Wit- ness herself has read Paine's book, as she wact curious to nee what was in it: The copy she read belonged to Mr. Mnir's servant.* Witness has also seen Flower on the French Constitution : Has also seen the Declaration of Rights in Mr. Muir's room, and in the dining-room : Also the Dialogue betwixt the Governors and the Governed, which she has heard him reatl to his mother, sister, and others, but does iiot know any other persons who were present : Mr. Muir said it was written by Volnew,t one of the first wits in France : Witness does not remember to have seen the Patriot, but has heard Mr. Muir rend the Paisley Declaration : Never heard him read law-books : Mr. Muir's convei-sation was commonly on political subjects, and he frequently read French law-books: Witness recollected hearing a conversation, wherein Mr. Muir said, that if every body had a vote he would be Member of Parliament for CaUler : That Members of Parliament would then have 30s. or 40«. a-dny, and that none but honest men would be Members of Parliament, who would keep the Constitution clear : That they would give new Counsellors to the King, who would govern the nation with justice : Mr. JNIuir said that France would soon be one of the most flourishing nations in the world, for they had abolished tyranny and were free : He also said that our Constitution would be very good if it had a thorough Reform : And that the Court of Justiciary would need a thorough Reform too, for it was nonsense to see the parade with which the Circuit Lords came into Glasgow : Said they got their money for nothing but pronouncing sentence of death on poor creatures, he. Mr. Mtiir here rose and objected to this line of examination.— He said, that the conduct of the Lord Advocate was in every respect highly reprehensible. He has put a variety of questions to witnesses, with regard to crimes of which I am not accused. The indictment charges me iVith making seditious speeches at Kirkintilloch and at Campsie, vilifying the Constitution and the King, and inflaming the minds of the pedplo to rebellion. It charges me with distributing seditious books-u^-and it specifies that I gave away Mr. Paine's works —the Dialogue by Volney, &c. The indictment charges nothing more. There is not a word within its four comers which points oat to me the chaise of speaking disrespectfully of Courts of Justice, or '* tending" in any manner to excite the people against the administration of the law. If the Public Prosecutor had evidence that I was guilty of a crime of this nature, he ought to have made it an article of accu- sation, and then I would have defended myself in the best way I could. But to attempt to steal it in as evidence in this way, to prove a crime which he durst not openly libel, because he knew it could not be 4.,,^^ .. * This other servant was not examinod to confirm Fishrr ! ed it also for i, vrho is Mr. >rk, and keep aid it would itirely: Wit- nee what was • Witnes'fi lIbo seen I'he dining-room : erned, which but does hot ■ said it was nesB docs not iluir read the Mr. Muir's le frequpntly conversation, he would be r Parliament honest men Constitution r, who would ranee would for they had Constitution hat the Court was nonsense [)to Glasgow : I sentence of lination.— He every respect to witntisses, be indictment illoch and at inflaming the 1 distributing Paine's works irges nothing eh points out of Justice, or ulministration i I was guilty tide of acuu- t way I could, prove a crime could not be ihir ! 65 V aopported, deacrvea the leverest reprobation. I know the tendency of this little art. This witneas— this domestic and well-tutored apy, is brought to prove words which may irritate the minda of your Lord* ships against me. Yes^ this is the artifice — this is the object. But^ my Lorda, I contend upon the great principle of natural justice — upon the Constitutional law of thia country, that no person can be tried for a crime of which be has not been previously accused. What is the purpose of an indictment? and why is it served upon the pannel fifteM days before bis trial, but just to enable him to prepare for bis defence r It is vain to say that, under the general charge of aedition, every thing *Vtending" to prove it, can be adduced, though not specially mentioned. Ifthia is now to be adopted as law, what portion remains to us of our national liberties? Every thing is insecure— an indictment will no longer be regarded but as a piece of unmeaning paper. ' The unfortu- nate man who receives it may say, I am charged with robbery — I have many witnesses to prove I did not perpetrate the crime, but what avails preparing a defence ? For I may be instantly called upon .to defend myself against a charge of murder— of sedition — or of high treason. In short, if under the specious pretence of being allowed to introduce what is not specified in tiie libel, to support its generality, -^if you establish a precedent of this kind, you strike a fatal blow against individual security, of general safety, and the forms, precedents, and principles of the Criminal law of this country are for ever gone. It is vain to say that the statute of James the 6th allows this pro- ceeding. That statute is now obsolete. It was enacted under a despotic reign, when the freedom of Scotland was trampled under the foot of power. It opposes every principle of justice, and will you, my Lords, after the lapse of so many years, descend into the grave,^ and drag up the pestilential carcase, in order that it may poison the^ political atmosphere ? This question, my Lords, is of little importance to the individual who is now struggling for the liberties of his country. But the eyes of yjur children will be fixed upon this trial, and they will tremble and shudder at the precedent. I feel for the country — I feel for posterity — I will not sanction the procedure, which is to produce to both a system of injustice — of ruin — and of murder. Jjord Advocate, The pannel is indicted for the crime of sedition, and that crime may consist of many facts and circumstances, and of these the stri. igest must be, the feloniously and seditiously stirring up t' e inhabitants against the King and Constitution. To prove this, his Lordship contended, that he was entitled to bring, in evidence, every word of any conversation which might have passed betwixt Mr. Muir and ignorant people,-^every paper, every fact, and every witness which could be got. No person could deny the relevancy of the fact, yr'iz. that the abusing and vilifying the Courts of Justice was an. aggra- vation of the crime of sedition, — it is that crime of which the panuel is accused, and his Lordship certainly would be permitted to bring for- ward every thing which could support the charge. If it had been neces- sary to specify in the indictment, all the facts against the pannel, that indictment would have covered, by its magnitude, the walls of the Court. E if at Mr. Mnir. This in not the time to entertain jronr Lordshipi with frothy deel«nmtion-~with lonnding, bat anaeening perioda. 1 pleaded my objection upon just principles. Erery person hero most see their •trength, end admit their troth. Lord SuinUm aaid, that it waa the general proposition of the libel* that the ponnel went abont sowing sedition ; and as Coorts of Jostico were parts of the Constitotion, he was of opinion, that reflecting oo them was inclnded in the general charge. Lord Dmuimum was of the same opinion, and declared that ofory particular eirenmstance, that may come out in evidence, need not b« libelled. Lord Abererombk said, there was no necessity fur specifying in the libel erery seditions expression that might be used. The Lord Juttio$ Clerk, after making a few observations, also eoncorred, and the objection was therefore unanimonaly disregarded. The witness, Attn Puher, on being re-called, stated, that she heard Mr. Mair say, he was for a Monarchy under proper restrictions; that a republican form of GoTemmeot was best; but that, as the Monarchy had been so long established in this country, it would be improper to alter it. Witness was sent, by Mr. Muir's desire, to an organist in the streets of Glasgow, and desired him to play Ca Ira, The examination of Fisher being uow concluded by the Lord Ad- vocate, Mr. Muir was asked if he had any questions to put to the witness ? He replied, *' No, my Lords ; i disdain to put any ques- tions to such a witness." The witness, on her part, turned round, and asked the Court if f^she might put a question to Mr. Muir ? The Lord Justice Clerk ' aaid he would not permit this, and his Lordship characterixed Mr. sMuir's recent expressions as very improper. His Lordship complimented the witness by saying, that ** he had never heard a more distinct and accurate witness in his life." Lord Hendtrkmd declared, that if Mr. Muir had not been standing at that bar, as a ponnel, he would have ordered him to prison for the expressions he imd just used I As the witness was withdrawing, one of the Jurymen (Captain Inglis) called her back, and asked her, if she had had any quarrel in Mr. Mutr*8 Other's family ? To which she replied, that, so far from that, her mistress had given her five shillings more than her wages, and that Miss Muir had given her a petticoat, with some other presents.* l%oma8 Wilton, barber in Glasgow, was in use to drsss Mr. Mnir in autumn last. Mr. Muir asked witness if he had bought Paine's works ? Witness said he had not. Mr. Muir advised him to get a * She might have added, that Mr. Mair'a mother rapported her parents when they were in a state of abject poverty. These circunutanoea, and others we could state, only make the conduct of this witness the more flagrant. We are not yet done with her. 67 tlaliip* irith • ipl«ded Mt Me tbair of the libel, • of Joatice efleclingoD 1 that every need not bo >ecifying in •tions, also Jisregerded. It she heard intrictioni ; hat, as the it woald be ir's desire, im to play » Lord Ad- put to the i any qaea- he Court if istice Clerk terised Mr. It «he had e." en standing iaon for the n (Captain f quarrel in BO far from her wages, lome other I Mr. Mnir irht Paine'a m to get a •rents when era we eould B are not yet E copy, aa a barber's shop waa a good [^ace to read. Witaeao did not pvrchaae the work, but he bovglit • copy of the " Addreaa to die Addreaaors," and kept it a day or two, bat this waa not by Mr. Muir's adrice. Remembers an old man from the conntry oomiiig to Mr. Muir, when he was dressing him, and Mr. Mnir told wttneaa that the old man waa a great Reformer, en which the old man replied, that Mr. Muir was only taunting Mm. Crwu-eaaamiHed by Mr. Muhr, Witneas baa heard Mr. Midr any, that he wonld maintain the Constitntion t— that be wiabed for peaces good order, and morals among the peopIe-««e?er hoard him say my thing against the King i Has seen Mr. Mnir's library in the oonntry, which is a large room open to all tho family. After this wttnesa was examined, the Lord Advocate informed the Conrt that he had jnst receired n note from Mr. 'Dnnn, Minister of Kirkintilloch, (cited as a witneas) Mspecting Mr. Mnir, who waa com- mitted to prison for refusing to take the oath : The note mtimatod that Mr. Mnir was a parisUoner of Mr. Dunn's, and that if the latter were allowed to oonirerae with him, he might be able to remove hie objection to taking the oath : After some dissnssion, Mr. Dam wae sent to conrerse with the prisoner in presence of one of the oAeers of Court, and Mr. Dnnn* was order^ to confine himself solely to the removing of Mnir'a acruples, and not to say any thing on the snbject of the trial. John Mmr, hat nannfiietarer in Glasgow, knew Mr. Jamea Mnir's father : Saw Mr. Muir at his house in September last : Mr. Muir and witneis had a conversation about Mr. Paine's book : Wit- neea asked Mr. Mnir as a favour to get it for him, when Mr. Mnir said, he had it not, but wonld send for it : A servant girl was ac- cordingly sent for the book, and she purchased it at Braah and Reidls, bookaellera in Glasgow : Witness took home the book with him aad reatl it. Johm Bardayf of Caldar, was acqnunted with Mr. Mnir x Con- versed with him about Fame's work, becanae witaesa aaw it adver- tised in the papers i Mr. Muir said he might bny it, \m% added ** it is not a book for us :" Witnees was an elder in the parish of Calder, and voted on the same side with Mr. Mnir in the election of a minister i In consequence of this, witness was frequently with Mr. Mnir, and in his library, from which witness borrowed books: Had many oon- * Tbl« geattomsn f«t vver the fiocer end* by the Lords of Jnstloiwry. lie had presohed a Sermon before the Synod, and the Reformers thought it so libera] and excdlent, that they sent Mr. Dunn their written vote of thanks fcr It. This waa quite enough to atamp the good man aa a radical. His hoiue was aoarehed for •' seditious papers." He took afaurm-Hind threw the vote of thanks in the fire. He candidly told the fact. But what was the consequence ? The Lord Advo. eate preaented a Petition and Complaint against him to tlie Lords of Justleiary. He threw himelf "on the denttney of the Court." " Their Lordsbipa sfWdf" livering their opinions on the criminality of the act in which they were unani- mous, observed that if Mr. Dunn had been served with an indictment, (instead of a Petition and Complaint,) and been found guilty, the Court must have Inflicted the higbest arbitrary punishnMot. But their Lordships were pleased at being rdievi^froaii foing ao great a length, lliey tharetbre ordaiiudhitniabe iwtpmotd in the Tolbooth of Edinburgh for three montht t / .'"—Vide Edm. AthMrH$er, nns. . I 08 ail' terMtiona wiUi Mr. Mutr, Iim/iI him My that tho Cuniititutton woa »n txcellont one, and the beat in the worUi : Heard Mr. Mnir praiae the King, and alwaya heard him apeak of order, regularity, and obe- tlienca to the ruling powera. •' Jamet Campbell, W. S. waa pveaent at a meeting of the Convention : Xilalled there on hia way home from the Parliament Houae : Mr. Muir came to the meeting aoon after, and read a paper, being the addreaa irom tlie Society of United Irishmen : Colonel Dalrymple oppoaed Ahe paper being read, and talked of taking a proteat : After Mr. Mnir Tead it he aaid nothing more, but before he read it he apoke of anawer- jng it : Doea not know how the paper came there. Interrogated whether the purport of Mr. Muir'a apeechea approved or not of thie paper ? Witneaa auawered, that he knowa nothing more than that he proposed ita being read and anawered : It waa aaaigned as a reaaon •for not receiving the addreaa, that they had no connexion with it : Mr. Muir thought there waa no impropriety in receiving and answering the addreaa, and aaid he would take the burden on hia own ahouldera. Jamee Denholm, Writer, Edinburgh, waa at the Convention in December: Pannel waa there: Heard him read the Irish addreaa: Objectiona were made : Mr. Muir anawered that he saw no harm in it, and moved that an anawer ahould be aent to it, though witncsH thinka it waa carrienld go to shew that the pannel was conscious of his guilt. Mr. Muir — I am convinced of the reverse. I now, therefore, join issue with the prosecutor, and consent to these lettera being read. There was nothing in them which he wished to conceal on his own account. After the declaration and lettera, &c. had been read, the Lord Ad- vocate declared the proof finished on the part of the Crown. Mr. Mmr proceeded to adduce the following evidence in support of his defence. we observe Man newf * Afterwards appointed SheritF Clerk, county of Haddington, t Mr. Muir obviously referred to letters he had received from his father and mother. 70 WiUiam Skhvinff, of Strathniddie, Seeretarj: to the British Con. vention. WitooM knows that i% wi» considered necessary Uiat Mr. Motf should attend a meeting of die Friends of the People, held in London in January last Witness received a letter from Mr. Moir, Hientioning that he haii appeared in the Society at London, of which Mr. Grey* is a member, and gtnng an account of what had been done there. Witness cannot at present find the letter, owing to some *^te drcnmstances which occurred in his family ; but, according to the bobi of his recollection, it also stated, diat Mr. Muir was advised bv some frieods to go to France, as he might have some influence with the leadii^ people there, in mitigating the fate of the King. While Mr. Muir was at I^iris, witness received a letter from him, giving an account of the execution ; and Mr. Muir stated, that he would return to Scotland as soon as his friends here thought his presence necessary. Witness has frequently been with Mr. Muir in private, and often heard him speak in piU>lic fn the Societies : Never heard him speak against the Constitntion : The general tenour of Mr. Muir's address to the people in the Societies was, to impress on their minds the neceesity of good order : Never heard Mr. Muir speak against the monarchial part oi our Constitution. Witness has been in his com- pany in his most unguarded moments : Remembers a private conver> sation with Mr. Muir, in which he disapproved of many of the principles in Paine's book, and both agreed that many of them were impracticable. Interroffated by the Lord Advocate, if he was not the person who had designed himself, on a late occasion, Secretary Qeneral to the Association of the Friends of the People ? Witness answered, that it was a mere mistake in writing ont the petition — he was Secretary to the General Association of the Friends of the People. James Campbell, W. S. acted as agent for Mr. Muir in the begin* nii^; of last winter: Received two letters from him from France, which witness produced. These letters were read by the Clerk of Court. They expressed Mr. Mutr's willingness to retvm homo 'when- ever it should bKS neceseary.t Never heard Mr. Muir attempt to excite the people to sedition or outrage : He exhorted them to avoid riotous conduct, to behave orderly and peaceably, and to attend to the moral character of those whom they admitted members : Knows that Mr. Muir's opinion of Paine's book was, that it might be danger- ous for people ef weak minds. Jofm Buehanan, baker, Edinbivgh, has often heard Mr. Muir speak in societies in favour of Parliamentary Reform : Heard him recommend morals, peace, and good order, and that all their applica- tions should be directed to Parliament in a constitutional manner. Mr. Muir used to say in conversation, that the Constitution ought to be to them the Polar s , and they should begin reformation by first erecting among themselves the temple of morality : Does not * Our present Noblu Premier. t Vide Letters theoisclves, Appendix. Itish Con- ihat Mr. B| held in Ir. Muir, Jof vehicb |had been to some f ng to the Ivised by fnee with While iring an [Id Mtarn leceMsiy. nd often im apeak I address linds the Binst the his com- 9 conrer^ ^ of the em were was not yecreUny Witness etition— Is of the le begin- France« Clerk of i»i r^hen- empt to to ayoid ttend to Know* danger- r. Mnir ird him >pplica- nanner. I ought tion by >e8 not remember of bearing him give any qpimon on Pune's books: he always wished the people to have thdr minds informed. Captain W. Johnston^ Edinburgh, nerer heard Mr. Muir harangue the people to excite sedition : Has heard him speak at several public meetings : Knows that the principles of Mr. Mnir were for supporting the Constitution, and all the other principles held by him grew out of this one. While Mr. Muir was m France, witness received one or two letters from him on general subjects, in which Mr. Muir also mentioned his intention of returning home. Maurice Thomaont starcbmakei. , Edinburgh, once beard Mr. Muir, in a Society of the Friends of the People, deliver a spiseob about Reform : He recommended that their measures should be moderate and constitutional. Chariet Salter, brewer in Edinburgh, has heard Mr. Mnir speak in Societies three or four times : He exhorted them to Constitutional measures, peace, and good order ; and declared, that if ever they did any thing unconstitutional, he would be the first man to oppose diem. Peter Wood, teacher, Edinburgh, has heard the pannel speak in Societies, and impress upon them the necessity of petitioning the House of Commons : Never heard him speak against the King or House of Lords : Never saw Iiim distribute any books or pamphlets.: Heard him eay, that no members should be admitted into the Society who were inclined to faction. David Dale, merchant, Glasgow, was present with Mr. Muir at meetings of the Friends of the People, in the Star Inn, Glasgow t Recollects a motion was made recommending political books, which Mr. Muir opposed, and said, that no political books should be recom- mended, as most of them partook too much of party spirit,.— and that knowledge could only be acquired by general reading : Advised the people to inform themselves on both sides of the question : He also said, that it was only by calm and constitutional means that the peo;)le could gain their ends,— and that they bad no other mode of obtaining it than by petitioning Parliament : Never beard him say any thing which had a tendency to excite sedition: He always advised the people to be quiet and orderly : Never knew of bis distributing books, or recommending Paine's works : He advised the Society to expel any member who behaved seditiously or disorderly, and declared, that he would absent himself if unconstitutional measures were adopted. Cross-examined by Lord Advocate, and asked if be recoUectisd when Mr. Muir was first apprehended ? Witness answered, he could not tell precisely. Interrogated if he thought it was in the month of January, or in any of the succeeding months ? Witness answered, that he could not be positive—it might be about five or six months ago. Lord Advocate. " You have a very short memory, Mr. Dale ?" Witness, " I have, my Lord." William Riddel, baker, Glasgow, was presont at several meetings in Glasgow with Mr. Muir : Never heard him recommend any books or pamphlets — and never saw any disorder in the meetings of the Friends of the People. ^ \. 11 William lieid, bookaeller, Glasgow, is a paitnei- of the firm of Brasli and Reid, booksellers, Glasgow : Had an accidental conversation with Mr. Muir, and'witness asked his opinion respecting the propriety of selling Paine's Rights of Man : Mr. Muir dissuaded witness from selling iti^and said, *' it was an improper book, and dangerous to weak minds." Cross-examitted by Lord Advocate. Mr. Muir gave witness this advice a few days before the SheriiF came to take precognition con>^ cerning the book. George Waddel, manufacturer in Glasgow, was at a meeting of the Friends of the People, in Glasgow, when a motion was made, recommending political books. Colonel M'Leod and Mr. Muir, who were present, opposed the motion, and said, that every political book contained something good and something bad : Never heard Mr. Muir recommend any other books than Blackstone's Commentaries oti the Laws of England, and Erskine's Institutes of the Laws of Scot- land. Mr. Muir continually advised moderate but firm measures, and said he would glory in having the table of the House of Commons covered with Petiiions in favour of Reform : It was proposed by some members to addiess th^ French Convention on the success of the Revolution, but Mr. Muir opposed it. Jo/in Rtissell, merchant, Glasgow, sworn, and the usual question being put, " If any person had instructed him what to say ?" He answered, none ; except to tell the truth. Being asked by the Court who instructed him so, he replied he could point out no person in particular, but that it was the general advice of all to whom he spoke. He was required to produce his summons as a witness, from which it appeared that he had only received it four days before the trial, and he was told by the Court that any person who spoke to him must have done so in the intervaFof these four days. And, therefore, that it was impossible he could forget all their names. The witness replied, that the general instruction to speak the truth was so common, that he could not remember at present any particular person who bad given it. The Lord Advocate moved that the witness should be committed to prison for " prevarication on oath I" Mr. Muir rose and attempted to speak in behalf of the witness, but he was interrupted by the Court, who commanded him to sit down, as he had no right to interfere in the business. Lord Henderland gave his opinion. Every appearance, said his Lordship, was against the witness, who wished to conceal the truth. He merited punishment, and should be committed to prison. The rest of the Judges concurred with Lord Henderland ; and Mr. Russel was committed to prison for three weeks as guilty of conceal- ing the truth on oath 1 1 * John Srock, manufacturer, Glasgow, attended a meeting of the Friends of the People in the Star Inn, Glasgow, where he heard Mr. the * See letter of explanation from Mr. Ruas^l, Appendix. 73 t; Muir recommending gpod order and adiierence to the Couatitutioil. Mr. Muir declared, tbiat if the people became riotous, he would leave them that moment : Has beard Mr. Muir speak of books of the law : Cannot remember any in particular, although he thinks he referred to the works of the great John Locke. Wm. Clydesdale, cabinet»maker, Glasgow : Witness never joined any Society of the Friends of the People, but is a member of a So« ciety in Glasgow for a Reform of the Boroughs. In December last, Mr. Muir visited that Society, and said that the Borough Reformers had made great exertions. He recommended to them perseverance, firmness, and peaceable measures — reprobated ihe idea of equality — and said that the division of property was chimerical, and could never take place. George Bell, manufacturer, Glasgow : Has heard Mr. Muir speak in the Society of the Friends of the People at Glasgow, and declare that no members should be admitted into the Society but such as acknow- ledged the King, Lords, and Commons: Never heard him speak against the Constitution : He only recommended such books in general as would inform their minds, and render them better members of society. Daniel M' Arthur, master of the Grammar School, Glasgow, remem- bers to have had a conversation with Mr. Muir in the Coffee-room, at Glasgow, in September or October last : Saw Mr. Muir and another gentleman walking together. The gentleman having gone away, Mr. Muir came up to witness, and said that the person with whom he had been, was Chairman of the Society of the Friends of the People in Edinburgh. Witness said to Mr. Muir, " Do you not think this is a wrong time to insist for Reform in Parliament ?" Mr. Muir answered, that he thought it a proper time, as the country enjoyed the blessings of peace, and that there was no comparison betwiyt this country aad France — that, in France, they had brought about a Revolution, but we wanted only a Reform. James M* Gibbon, Kincaid Bleachfield, was a member of the Re- form Society of Campsie : Has seen Mr. Muir there : Never heard him recommend any books, or speak against King, Lords, or Commons. Robert Hendrie, Kincaid, gave evidence to the same effect. The Lord Advocate said it was unnecessary for Mr. Muir to bring 80 mrny witnesses to prove the same thing. Ml , Muir replied, that he intended to bring witnesses from every part of the country where he had attended meetings for Reform, that he might clearly prove his inuocency: He had only a few more wit- nesses to adduce. Wm. Orr, manufacturer, Paisley, stated, that Mr. Muir and Colonel Dalrymple came to Paisley, and with witness visited and addressed the different Societies of the Friends of the People there. Mr. Muir, in his speeches, inculcated a firm attachment to the King and Consti- tution : He recommended peace and regularity, and reprobated riot and sedition : He also exhorted the people to be steady, and to pursue their object by all legal means. After having gone through the dif- f4 feratit Societies, Mr. Muir, Colonel Dalrymple, and witneM, went to Sinclair's Inn, Paislejr ; and, in the course of primte conversation, he heard Mr. Mair say nothing against the King and Constitatiou, but heard him say that the King was the best of Princes. James Craig, manufacturer, Paisley, saw Mr. Muir in a Society at Paisley : Heard him say that the Constitution was a good one, and that the King was the friend and father of his people. James Bichardson^ merchant, Glasgow, is a member of the same Society of the Friends of the People in London, of which Mr, Grey is a member : Witness is not a member of any Society of the Friends of the People in Scotland : was present at a meeting of the Friends of the People in Glasgow, when he beard Mr. Muir exhort them to keep by the Constitution, and that if any of the members were against it, they should be expelled. Mr. Muir, in a very masterly manner, ex- posed the absurd idea of liberty and equality, as implying a division of property, and said that such a system was totally impracticable. Mr. Muir now stated that he had finished his proof in exculpation : that it was in his power to adduce many more witnesses, but that he deemed it totally unnecessary. The. Lord Advocate rose and addressed the Jury nearly as follows : Gentlemi^n, — I now require your most serious consideration of what has passed. The pannel at the bar is the man, as I shall afterward show you, that has been sowing the seeds of discontent and sedition under the specious pretext of reform. He has appeared here before yoo, after having been fngitated in this country, and now by your ver- dict, from which there is no appeal, either his guilt must be fixed or extinguished. Gentlemen, This is the moment which I have long and anxiously looked for ; and I declare, that in the range of my offi- cial capacity, among the persons whom 1 have brought to this bar, if there has been any one whose actions particularly pointed him out for prosecution, whose conduct appeared the most criminal, who has betrayed the greatest appearance of guilt, this is the man. Gentlemen, We all know the pernicioua effects of the many in- c *ances of seditious writings and practices which have lately appeared in this country ; 'xnd all those persons who have had the courage to come and stand a trial at this bar, liav^ met with the same fate — they have all been found guilty. And I trust, that as the evidence has clearly unfolded the diabolical and mischievous conduct of this person, that he will receive a similar verdict. Gentlemen, I could not have conceived that a man, who has re- ceived a liberal education — who has practised as an advocate at this Bar, should be found, on any occasion, among ignorant villagers, and low manufacturers,* purposely to sow sedition among them. The charge against the pannel divides itself into three distinct heads, which, however, all centre in one genera? charge of exciting sedition. Is ■ That he circulated Paine's Rights of Man, to speak of which I * What a libel on the nation !— by a mail, too, wt>n of what aftervrard d sedition lere before f your ver- te fixed or have long of my offi- this bar, if lim oat for , who has } many in- y appeared courage to fate — they idence has his person, ho has re- bate at this lagers, and 1. ;inct heads, g sedition. of which I re sucUud 80 think it unnecessary, after he himself considered this book « too dan- gerous to weak minds." Yei he has wilfully circulated this book in spch a manner, as proves that his intention was to orertam our happy Constitution. 2dly. He has always beec found, as I have stategard to birth or fortune. Mr. Hamilton Rowan, on clearing that the above language whh applied to him, instantly came over from Ireland with his friend the HoaourablR Simon Butler, brother, we believe, of the Earl of Kilkenny, and demanded an explanation or apology from the Lord Advo- cate. But his TiOrdship would not come to the tcratch, whereupon Mr. Hamilton Rowan posted him in the following teims. — '■'■ The Lord Advocate of Scotland, Robert Dundas, having asserted on the trial of '/lutmas Muir, Esq., that an Ad- dress from the 'Juited Irishman of Dublin to the Delegatus for Reform in Scot- land, to whiclk my name was affixed as i»;cretury, was penned by those infamous wretches, who, like himself have fled from the punishment that awaited him ; aiid an explanation having been avoided, under the pretext of oMcial duty, I find it now B»7:a':^i 78 n i- poor organiat could not pau the door of this demon of mischief, but he must bo stopped to pl»jr Ca Ira"-* tune which is made use of in that unhappy country France, as a signal for blood and camago. It may be said that the evidence of this girl is somewhat contradicted by that of the panoel's friend old Barclay the elder. But yon will recol- lect the salro* that this witness chose to introduce when he took the oath—that did not look well. I am now advanced to the third charge of the indictment, which relates to the pannels proceedings in that " Convention of Delegatee," as they styled themselves. It is clearly proved that in that place, he read, approved of, and defended t' Irish Address. But, Gentle- men, you will uot approve of such a | .kper, nor disregard such a con- vincing proof of his guilt— «or will you, were his abilities ever so great, or his views ever au comprehensive, permit that person to set up bis daring and seditious opinions, in opposition to the excellent Government of this country. Indeed, his actions in some instances appear tinctured with madness— ~and were it not that we find him every where a determined enemy and ringleader in a horrid scheme of sedi- tion against our happy Constitution, it would' be impossible to tell whether his conduct was marked more with wickedness or insanity. Gentlemen, Having finished my remarks upon the evidence— an evidence which I am convinced must appear to you incontestible, there remains only two topics on which I must beg to make a few observa- tions. The pannel has said that he left this country on business of importance — that he was unwillingly detained in France — and that he always wished to come forward to this trial. But we shall soon see how this conrespondm with facte. I should have made no objection to his proving this. It would liave argued some degree of honour. But these false assertions are all clearly refuted, and I will make it appear that \Mjied from this country under the impression of guilt— <«nd now he is retumei of despotism ? If there are only two motives to which you can aasign iny departure, you are bound in justice to ascribe it to the most charitable.. But do the circuro8tr:>ces attending my departure bear any resemblance to b flight? — Di(f ^ < >t publicly announce it the preceding evening in a numerous me l g of citizens? — Did I not cause it to be published in a newspaper? — Did 1 affect the gturb of concealment ?— When in London did I remain in obscurity ? — Did 1 not appear in a distin- guished Society — the Society of the Friends of the People ?— And' did not that Society afterwards publish a resolution, announcing in its preamble my appearance among them ? But why did I go immediately to France? In Mr. Skirving's evi- dence respecting a letter he received from me before I left London, he has said that I proposed to go to Paris, as it was the advice of some friends I might be of some service in mitigating the fate of the late King of France. The words of Mr. Skirving, " some friends," have been ingeniously represented to be members of that truly respectable Society ; and it is boldly argued that I went as a missionary from that body. Nothing can be more injurious : I am sorry that Mr. Skirving has not been able to produce the letter alluded. to* — it would have clearly demonstrated the falsehood of the assertion* But Mr. Skirving See letter of explanation from Mr. Skirving, Appendix. H I plefttKng. on — ^it U le eyes of trial will I thall be ture times e_Iet the luaion will ill BMome }u to con* Eiinst your ion. Gen- ly insisted lo connex- . I shall ter into • harangued nagination ined by n fled from ihe fact of can it be ;h of arbi- commend- ings might erity with tism ? If Jeparture, But do ance to a ning in a blished in -When in a distin- e ?•— And iincing in ring's evi- lOndon, he i of some the late ids," have espectable from that . Skirving ould have '. Skirving never said so I No person can or dare say, tliat I went, as a niisslonary to a foreign power, or even received any delegation either from indU viduala or fror> imy Society whatever, building, then, upon this unsubstantial hi'^^i^ of words, never uttered in evidence by Mr. Skirving, 1 am accused of a species of '* high treason," in being a missionary to a foreign power without any legal authority from this country. The charge is equally ridiculous with the misrepresentation on which it is founded Let it, however, be considered as serious, — I dare the proof, — I challenge the Pro> "iter to adduce the smallest vestige of evidence in support of it. Gentlemen, I adh. » i wrote to Mr. Skirving of my intention of going to France — nnr will I deny the motive. I saw in the execution of the late King a specious pretext for plunging the country into a war, and for eKteiiding the effusion of human blood to every corner of the world. 1 may have erred ; I may have acted from enthusiasm ; but it was an enthusiasm in the cause of man. If at the period when it was free for every person to publish their sentiments upon that awfu) occasion, is it to be imputed to me as a crime that I wished likewise to publish mine ? Has not the Prosecutor lamented that disastrous event, and will he not excuse a man who wanted to prevent it ? who with many friends to humanity of every nation, and of every party, in private, and in public, in conversation, and from the press, exerted their abilities to ward it off, because they considered it prep'nant with evil to this country, and foresaw that it would introduce years of blood and of sorrow ? It is said that my departure from Scotland, and my journey to Paris, are circumstances which afford some presumption of guilt. But, Gen- tlemen, that presumption is now done away, — / have returned. Gentlemen, The Public Prosecutor has boasted that he delayed the trial to give me an opportunity of returning — that he postponed it for some weeks and advertised it in the public papers, which he supposed would find me " roaming in some part of the world." But was he ignorant that hostilities were at that time commencing, and that it was tedious and difficult to procure passports ? Of that difficulty surely every person here is convinced. All my private letters which have this day been read, prove my uneasiness on account of the delay, and my anxiety to return. But before I procured any passport, hostilities had commenced between this country and France — the flames of war were blazing over Europe. There were only two ways by which I could return home,— the firat by the way of Hamburgh — die second by the longer, but more certain circuit of America. The latter course appeared more safe, and less liable to interruption. I therefore adopted it — I left Paris-— I arrived at Havre de Grace, and found a vessel there bound for New York. The receipt from the master of that vessel for the payment of my passage, which was found in my pocket-book when I was stopped on my landing :t»te for a Reform in Parliament, for a more equal representation of the people in the House of Commons. Will yon, therefore, tear the records <^ his fame — will you stigmatise hie memory, and brand him with the name of Sedition ? Let us rapidly proceed down to modem times. — Let us pass over in silence many illustrious names, whose memories, with that of the Constitution, will perish together.—- Let us come to our own days. Gentlemen, are ye ignorant of Blackstone, the man who first col- lected the laws of his country from the deformed diaos into which they had been thrown, who arranged them with elegancy, and adorned them with every flower which the classic field could produce ? Are not the volumes of this revered Judge in the hands of all ? And has not Blackstone, not with the levity of ill pondered words — not in the private hour of relaxation— not in the heat of popular debate, but in the calmness and solitude of study — maintained the same propositions sd , actively, rm, in the Nor do I their own Tenerahle oldly con- shall ever I meaiore le stability insists the )d of your I tell yon ; ng powers its vigour, —if one of wd. Is it he popular me and of ion of the iT IN God, lis country rho sdntkds II who n. f , by endr .- id my cori- Btion, men, ies a grate- It has been i this time 1 of the in the l>ported by le friend of Reform in I the House fame — will f Sedition ? lOt us pass vith that of r own days. 10 first col- into which und adorned uce? Are ? And has —not in the mte, but in iropositions which I maintain— been guilty of the same sedition of which I am guilty, when he pronounced tmt the Constitution was imperfSect in its popular branch, and that if any alteration was necessary, it was there to be desired. But, Gentlemen, I shall not refer to writers who are now no more, and who are beyond the reach of punishment. Vengeance ceases in the grave. There factions and parties cannot rage.— But if I have been guilty of a crime, I shall net claim the protection of the dead. I shall not wander among the tombs supplicating the assistance ..does it change with times, and sea- sons, and circumstances? Shall the conduct which was deemed patriotic in 1782, be condemned as criminal in 1793? I have been honoured with the title of the *' Pat t^ Scotland ;" but if similar ofiences merit similar epithets, the lame title must like- wise be bestowed on ^ Chancellor of the Exchequer, and the Com- mander of his Majesty's Forces. (Here Mr. Muir turned to the Lord Advocate, and, in a strain of bold and cutting eloquence, exclumed) — And pray, my Lord, what term of super-eminent distinction will you, the Public Prosecutor, the Lord Advocate of Scotland, claim J^ yowradff You also were, not many months ago, a Reformer. Yoiu. contended for a more equal representation of the people in the House of Commons. You were one of those men who, for that purpose, lately assembled in this city, in what they called a CommUion, and aoanmed to themselves the title of Delegates from the Counties j and you were then employed in framing a Bill for extending the Elective Franchise I Why, tny Lord, in accusing me, you charge yourself with sedition — every charge in your Indictment against roe, recoile upon yotereelf. If it was lawful for you and your friends to meet in Socie- ties and Conventions, for the purpose of obtaining Reform, it cannot surely be illegal in me and my friends to meet, and to aot on the same principle. ^ 86 IP m pi I shall not, however, Gentlemen, detain yoa longer on thi* point ; although mv aHertiona are founded in truth, and uy reasoning is juat, yet the subject is too ridiculous to be dwelt upon in this man's trial. Gentlemen, The first charge in the Indictment is, that I was coo- cemed in convening meetings of the people, at which I made seditious speeches and harangues, vilifying the King and Constitution. &c. Now, Gentlemen, the first witness adduced in support of inis charge is Alexander JohntUme. You will remember the objection I stated to this witness, and which I could have supported by respectable wit- nesses, if I had been allowed. But what does Johnstone prove against me? (Here Mr. Muir, from his notes, read Johnstone's evidence.) The witness says I stated the imperfection of the representation, from Burghs being rotten, and other places having no vote. And do you call this sedition ? "The witness swore he heard me say, thM if a man threw away £20,000 to procure a seat in Parliament, he surely had some interest in it. And can it be supposed that any man in his senses would give such a sum for a seat in Fkriiament without having some sinister view ? In no proposition of Euclid is the conclusion more demonstrable than the inference which I drew from this undenia- ble fact. It may be sud that this has been done from ambition — from a man's desire of exercising great talents for the benefit of his country, or of displaying his eloquence to the world ; but have we not seen it done as often by the man who never said a word within the walls of the House besides aye^ or no, as well as by the splendid orator? And have we not seen it practised by the cool and cautious speculator, who never lays out his money without calculating on a profitable return ? Bribery at elections has for a long time been sapping the foundation of liberty, and ruining the morals of the people. The most flagrant instances of its baneful influence stand recorded on the journals of the House of Commons ;* and is it not an evil which the corrupt cannot deny, and which good men have always endeavoured to redress ? The witness depones that I said the Duke of Richmond had got £20,000, or £30,000, put into his pocket— 4uid what though I said so ? I again say that that was the sialutary opiate which calmed and cooled the fever of his brain, and probably caved him the mortification of standing hit trial also for the crime of sedition. Bvt, Gentlemen, (his has no concern with the question at issue. It is not the Duke of Richmond, but the King himself, that I am accused of vilifying. Allow me. Gentlemen, before I proceed farther, to make one remark. If you do not consider aU the circunstsnces under which such words were spoken, and even the manner in which they were uttered, you may attach to them a meaning which the speaker never intended— you may torture them into guilt, or explain them into innocence. Gentlemen, With regard to what was said about France — is it not notorious that the representation of the people in France is more equal, and the taxes less, than in this country ? Are incontrovertible tnitks * Just tbiiik of the recent case of Liverpool, where upwards of jf 80,000 have bveu cxiieiided by IVIessn. twart h Ueuuiiion ! m a? on. &< f nil thii point ; ning is just, man's trial. IwM con* tde seditious &c. cbargt lion I stfttod wolable wit- trore sgunat evidence.) itation, from ^nd do yon bat if a man e surely bad man in bis (bout baying conclusion bis undenia- )ition — from bis country, i not seen it tbe walls of irator? And >cu1ator, wbo table return ? le foundation most flagrant lumals of tbe irrupt caonot to redress? [>nd bad got liougb I said 1 calmed and mortification , Gentlemen, lot tbe Duke r vilifying. i one remark. 1 such words uttered, yon r intended— locence. ice — is it not I more equal, >rtible truths f j?80,000have to be construed iato a libel ? But wiio ever beard before tbat it was unlawful to compare tbe Britisb Constitution wif.ii tbat of anotber country? If tho Britisb Constitution is tbe boast of ages, tbe pride and glory of tbe world, can it suffer by any comparison ? No, Gen- tlemen. As to Paine's book — tbe witness does not say tbat I recommended it— be says that 1! did not recommend any particular book, but reading in general— and lie bas cot been able to prove one single unconstitu- tional expression. Now,' Gentlemen, when I recommended general reading, I advised tbe people to communicate among tbemselves the knowledge wbicb tHey might bave possessed, I gave them good advice, and such as I should repeat, were I again in the same situation. And will I be condemned for so dmi^? Is tbe time come when tbe mind must be locked up, and fetters imposed on tbe understanding ? And are tbe people to be precluded from tbat infoimation and knowledge in which others ire so materially concerned ? Ob, unhappy country I Miserable peoplo I the remembrance of former liberties will only make you more wretc'iied. Extingnbb, then, if you can, tbe light of heaven, and let us grope, and search for consolation, if it can be found under tbe darkness which will soon cover us. But, Gentlemen, the prospect before us is noil; so dismal. We live and we act under the British Constitution — a Constitution which, in its genuine principles, has for ages consecrated freedom. We live, and we remember the glorious Revolution of 1688, which banished despotism, and placed the Aimily of Hanover on the throne. We remember the Bill of Rights — nor shall we forget one of its most sacred clauses, which declared, esta- blished, and sanctioned, tbe inalienable claim of tbe Citizen to petition Parliament. 1:1, then, you condemn me for advising people to inform themselves, and to diffuse the knowledge obtained by that information to others, and then calmly and deliberately to petition IWIiament, you not only condenm me, but you trample upon tbe liberties of tbe people, and you proscribe tbe Constitution. Gentlemen, The advice I gave, I repeat, I shall always consider to be good advice — my motives were pure. 1 did not enlist myself under the bannera of a faction. I combatted neither tbe Ministry nor the Opposition — neither the Inns or tbe Outs. I fought in the cause of truth — and hon- is tbat cause to be successful, but by general, com- plete, and impairtial information of the different ai^fuments advanced upon either sidci of tbe great, question of Parliamentary Reform ? Tbe witness swears, tbat I said the Constitution ought to consist of King, Lords, and Commons. Is this vilifying the Monarchy ? Is this representing tbiit part of the. Government as expensive and cumber- some, ns tbe Indictment accuses me ? Is this ** inflaming the minds of tbe people," and " exciting them to insurrection and rebellion ?" The witnesu further says tbat the meeting was principally composed ,_ of young Weavers, from 18 to 21 years of age. I blush to mention tbe inference which the Lord Advocate bas drawn from this, tbat people in tbat situation of life, and of that age, have no right to con- cern themselves in public affiurs ! People in tbat situation ! Why, •f^'- ■ 4 I 1 HI 88 a ' < 0«titleinea, iMtead of MHwriug at thuin, it would h«f« been morft becomiug in the Lord Advocate t6 have Mid that thejr are in the *' eituatioa" of those who eonpoao the great mau of M»ciety,-~>whe aopport the OoTernment by their indoatry, and who fight the battles of their conntry. And what age? — That period of life when the heart ia oneorrttpted, when the aoil ie beet prepared to recoiTO the good seed, and when the mind ie most nuceptible of the iropresaione of Tirtne and homaoity. Mmt the menbera of that Society be held up to derision, became the majority was composed of WeaTors*— and liecaase they might be principally young men ? Must they be cen- anred for interesting themselTes in the welfare of that conntry in which chey were to spend the remainder of their days ? And must they not presume to inquire into the nature of that Constitution in the opera- tion of which the happinesa of their future lives is so materially oon- t»med ? Gentlemen, Yon will remember that thb witness stated that I recommended peace and regularity,>^tlmt I told them there was no other way of procuring redress, but by an applieatiod to Parliament ; — «that I adrised them to receive no immoral characters as members^-^ and yon will judge how hr such advice accords with the criUiioal diarges of the Indictment. The n«ct witness is Robert Waddel, Vice-President of the Kirkin- tilloch Society. From his examination there appears no proo( of criminality, not the most slight indication of guilt. It is to be observed, that he depones to circumstances which occurred in the same meeting, at which the former witness was present; they, how- ever, do not agree respecting my general conduct. I am accused of vilifying the King and Constitution ;.>-and what does this witness ■ay? — that I made a speech, in which I advised regularity in their proceedings, and that they ought to proceed in a constitutional man- ner, as the law now is, by King, Lords, and Commons. This indict- ment alleges^ that I reprobated the monarcbial branch of the Consti- tution. But the witness shears that I said nothing about the expense of the King, nor the comparative expense of the French Constitution, nor the success of their arms. Qentlemen, I speak with candour : it is not in my remembrance that I spoke concerning the comparative exoelloBcy of the French and British Constituions. You hear one witness declaring that 1 merely compared them together ; you hear this witness declare, that I made no mention of either Constitution. Both of them may Imve spoken truth, according to the impression on their minds ; but they shew you the danger of trusting to the memory of witnesses, when it relates to words spoken in the warmth of a public discussion, and attempted to be recollected after the lapse of many months. But give whatsoever degree of strength you choose to Johnston's evidence,— draw from the comparison which you may assuBse, I instituted, between the French and British Constitution, I say, draw from it an inference as highly criminal as you possibly can, still the testimony of that man is completely overthrown by this wit- ness. Mr. Waddel has btated to you what passed after the meeting was over, in private company, in the unguarded hour, when the mind 89 « been mora J wf in the ociety,— who It the batllea ife when the o receive the e iropree ei aae oietjr be held k^eftTen-^and they be cen- ntry in wbtoh niMt they not in the opera- aterially con- u etated that there was no ) Parliament ; members'-^ the criminal f the Kirkin- no proo( ot' It is to be snrred in the ; they, hoir«> m accused of this witnese irity in their tutional raan- Tbis indict- f tbe Constio t the expense Constitution, 1 candour : it I comparative fou h«ir one Br; you bear Constitution, mpreasion on » the memory warmth of a tbe lapse of h you choose ich you may Dnstitution, I possibly can, t by this wit- the meeting ben tbe mind dreads no danger, and when rigilanee ii asleep. Can any thing prove lucre strongly than the deposition of this man, the innocency of my conduct ? The conversation related to politics and to new publica- tions, and he remembers me speaking of Flower on the French Con- stitution, which, though not mentioned in the indictment, yon will recollect the Lord Advocate wished to bring forward as seditions, and ts a circumstance ** tending to prove the crime charged." I am not acquainted with the respectable author of that book ; but if, from writing, a true idea may be formed of the hearts there is not a man that I would more fondly call my friend. If any one wish for a Reform in Pkriiament, let him read and weigh well the lessons which Mr. Flower has inculcated. Gentlemen, the witness next depones, that I recommended Henry's History of England. And so, I am called an enemy to the Constitution, because I recommended to the people the book best calculated to instruct them in its principles and progress,— 41 book which was warmly recommended by the great Earl of Mansfield, who first brought it into notice, and procured the author a pension from the Kint I This ifritness, yoil will recollect, was Asked by the Solicitor-Gene- ral, what he meant by a more eqt.al representation ? He stopped for a moment to consider. Oh t what a matter of triumph was this I— then burst the contemptuous sneer from the other side ; and then, with afiected ridicule, was pointed out the absurdity of men, so igno- rant, embarking in the cause of Reform, when even their Vice-F^i- dent, if any had knov.'n, should have been tbe man. Why, Gentle- men, by all, excepting Mr. Pitt and the Duke of Richmond, who contended for Reform, — and in all that was said in the late debate in the House of Commons, — no speeific plan was actually brought for- ward. Is it then a matter of surprise, that the witness, who is certainly as much entitled to become a Reformer as the Lord Advo- cate, 8tt>pt for a moment to consider his answer to the question ? But, GeiUlemen, his answer was such as did honour to tbe coolness of his mind, atld to the soundness of his understanding. Two opinions, replied he, divided the Society : one was for confining the right of votmg to landed property, tbe other, for every man having a vote ; but he had not made up bis mind upon eithei. He declared at the same time, that I did not give any opinion on this subject. Gentlemen, I shall not at this time say much with regard to the very Rev. gentleman who was iaext called as a witness, as I intend to bring a criminal prosecution against him. My objections to his ad- missibility were sustained, before I entered upon the threshold of my proof, by the Lord Advocate's wisely giving him up. I am sorry for the Prosecutor's timely precaution ;— it prevented me from bringing a cloud of witnesses against this gentlemen, to prove practices, nay crimes, which *->-» but I shall go no farther at preBent,>».my most rancorous enemy was aware of what would have followed ; and even he, it appeaars, would have blushed to have brought forward this man's testimony. Bat I trust that you, Gentlpfoen of the Jury, will this night do justice to my innocency, and if by your verdict I am 1 90 Si ' f !i; M-; Sfii ' K:; acquitted from thii bar, I h«re ■olemnly pledge myieif, tbwt I ehall ill my turn become hU proeecutor. Gentlemen, I am charged in the Indictment with baring convoked the meetings which I afterwardi harangued. Now, Henry Freeland, the next witnen, President of the Society at Kirkintilloch, depones, that there was an intention of having a Society there befw be ever saw me. Where then is this charge in the libel supported by evi- dence? He mentions that the general purport of my speech was about shortening the duration of Parliament, and a more equal repre- sentation ; that 1 said I thought taxes might be lessened by these means, and that reform was not to take place as to the King and House of Lords, but only as to the Commons. Call you this sedition ? Does not every thing brought forward by these witnesses of the Crown, confute the false, the injurious, and the scandalous chaise iu the libel, of « vilifying the Constitution," and of ** exciting the people to rebellion against the King ?" Gentlemen, I now come to the most material part of Mr. Freeland'a evidence — indeed the most material evidence which the Phisecutor has been able to produce. A wide field is now before us, and I re- quest your most serious pttention to what 1 shall now say, as it relates to a principal charge of the libel. Gentlemen, The Indictment charges me with " wickedly and feloniously circulating and distributing Pune's book, in order to in* flame the minds of the people against the Constitution." Now, Gentlemen, I ask you to lay your hands upon your breasts, and to say whether, in the circumstances under which I lent that book to the witness, there appears a shadow of ** felonious" intention? You know, Gentlemen, ihe newspapers of the day were full of advertise- ments announcing where the works of Mr. Paine were to be found. The cause of this curiosity in the public mind may be easily unfolded, without uttering a single syllable upon the intrinsic merit or demerit of these works. The situation of France roused the attention of Europe. To that country every eye was turned, and every man who could wield a pen, was employed in discussing the principles which the revolution bad called forth. Mr. Burke entered the field of con- troversy. The name of that gentlemen would give sale and diffusion to any production. Mr. Burke fought upon one side of the question. He was encountered upon the opposite by Thomas Pune — both of them champions of approved vigour, and of undoubtec prowess. Could public curiosity not be awakened to the contention of such men ? It was most completely : the works of Burke and Paine flew with a rapidity to every comer of the land, hitherto unexampled in the history of political science. Is there a single man among you^ who has not read the works either of Paine or of Burke ? Is there a person upon the Bench, upon the Jury, or in this audience, who has either not purchased, or lent the treatise upon the Rights of Man ? Now, if one of you lent to a friend or relation, who might participate in the common curiosity, a single pamphlet of Mr. Paine's, you are just us guilty as I am. If there bad been a public law of the kingdoin IS; 91 »t I shall convoked r Freoland, > depooM, re be ever wd by evU peech wai qoal repre- 1 by tbeao King and ■ wdition ? ■e« of the n charge iu the people Freeland'a FhMecator aod I re- M it relates ikedly aud rder to in- n." Now, ita, and to lat book to lion? You r advertise- be found, y unfolded, or demerit ttention of y man who pies which eld of con- id diffusion e question. B — both of L prowess, on of such Paine flew uunpled in ODong yon. Is there a i, who has a of Man ? participate fon are just 3 kingdom eondenuUHg that book, the presumption of innocence could not lie admitted by its rigid rule, and the mere act of giving away a single copy, would have been considered a violation of the letter of the law. But at the period when I lent Mr. Freeland, Paine's works, was any sentence of reprobation thundered against them ? No 1 Therefore, Gentlemen, I was guilty of offending no existing law. I was not certified of my danger — I was not put upon my guard. Was there a judgment of any Court in England or Scotland against this book at thai, time ? No. Therefore 1 bad no cause for alarm. True, some months before, a proclamation against seditious writings had been issued ; but a proclamation. Gentlemen, is not law—- it has no legiiila- tive authority ; and there was no mention of Mr. Paine's works in that proclamation. Can you, therefore, now suppose, that there was any ** felonious intention " in lending this book ? Did I advise the witness to read it, or to adopt its principles ? Why, Gentlemen, the mighty crime of sedition, with which I am charged, reduces itself into this simple fact— that to gratify the natural curiosity of a person who lives in my neighbourhood, and who is a distant relation, I lent a book which was in universal circulation, unnoticed by courts of justice, and uncondemned by law. [Here symptoms of impatience began to be manifested by some of the Jury I Mr. Muir instantly noticed it, and said :] Gentlemen, If, whether right or wrong, you have come here determined to find me guilty, say so boldly, openly, and, let me add, honestly: resort not to idle pretexts and expedients to justify a stretch of power. The unprejudicecl eye will soon penetrate into these pre- texts, and the determmation will soon receive the contempt and indignation of mankind. Gentlemen, I would now wish to direct your attention to what Mr. Ptoine's writings are, and to the particular manner in which they are presented in accusation against me. And, Gentlemen, I will allow, that any writing which calls upon the people to rise in arms, to resist the law, and to subvert the Constitution, is something worse than seditious — that it is treasonable. But. do the writings of Mr. Paine stand in that predicament ? Can you point out a single aentenrr where he provokes insurrection? In t&ctf Gentlemen, Mr. Paine'a writings are indisputably of a tpeculative nature. He investigates the first principles of Society — he compares different forms of Government tigether, and where he gives the preference, he assigns his reason for Bb doing. Gentlemen, I have neither time nor inclination to entertain you by any dissertation on the liberty of the press. If that liberty is sickly, the Constitution is likewise diseased. If that liberty is extinguished, the Constitution expires. Yon may ask what is the precise notion which I affix to the term Liberty of the Press? I will tell you honestly and without disguise. By the liberty of the press, I mean not the power of assassinating the reputation, or torturing the feelings of individuals. No crime, in my estimation, can be . more heinous. By the liberty of the press, I mean not the power of degrading and iH :i " contamiMling the public miod by talei of immortlity. By the liberty of the prew, I andentand not the power of inflaming the minds of men againet the Conatitution— of ■tirouUting the people to insarreetion, and of tearing down the buriert of public property and •f poblic Mcarity. Where Goremment i* Mtablithed, that Govern* meiit must, or ought to be reepected. And the trueet Repablic which ever yet existed, nerer could tolerate the internal foe, who within its own jirecincts, sonnded the charge to civil war. By the Freedom of the Press, I understand the inalibnablb riont or publishing VRUTH ; of presenting to the world whatever may tend to public good »not hurting the feelings of individuals— 4rampling down morals>-or established laws. Gentlemen, Constitutions of Government are the workmanship of men : that Constitution is the most perfect which can be most easily amended. There are Constitutions which, step by step, without con* vulsion and without blood, have advanced to superior degrees of per>' feetion,<— which by their own internal energy have effected their own reformation, and avoided the calamities of a Revolution. These pro- gresaive Constitutions, if I may use the ezpressioa, must always cherish and support the liberty of the press, as the chief instrument of their preservation. And, Gentlemen, how grateful should we be to Etenial Providence, that our Constitution possesses in itself the power of amendment— >tbat without a Revolution, it can rectify its abuses— and that silently and without disorder, it can advance towards that ch«s*> tened liberty, which constitutes human fiilicity. You have read the history of the British Constitution, and what is it but the history of a continual progress ? And what has been the impelling cause of that progress ? 1 answer, the universal diffusion of information by means of the liberty of the press. If you destroy that liberty, the people will be buried in ignorance — the iron throne of despotism will be erected. Lft us tlien apply this argument to the case of Mr. Paine. This work, I again state, is merely of a speculative nature, upon the principles of Government. Now, if Mr. Piine's work is inconsistent with the principles of the British Constitution, what is the conse* quence ? If the book is written with ingenuity, it will acquire readers. No man in his sound senses, the keenest advocate for a Parliamentary Reform, but will avert his eyes bathed in tears, and in horror of soul, from a Revolution. He will compare tlie principles of Mr. Paine with the Constitution. If Mr. Paine has pointed out any thing defec* tive in the Constitution, be will contribute his bumble efforts to have that defect repaired. If, on the other hand, he still imagine that Mr. Paine has takxn an erroneous view of this edifice, has misrepresented its properties^ he will become more and more sensible, from his inquiry, of the security which he enjoys under its protection. The sense of danger will be removed, and his mind, undisturbed by gloomy appre* hensions, will enjoy tranquillity. Oh, how little do ye deem the British Constitution, who think that it is built upon tbe sand, which, when the rmns descend, and the floods come, and the winde blow, «nd beat upon it) that it shall fall.— No, Gentlemen ! When tlio rains descend, when tlu 9S By the nflaming the to people to property and that Gorem* Koblir which o within ita ) Freedom of PUBLI8HINQ public good 1 inorile~.or kroanship of ) moat easily without con* |[rees of per^ ed their own These /yfv>> ways cherish lenl of their M to Eternal M power of abases— and s that chaso iYO read the history of a »use of that on by means f, the people tinm will be F Mr. Paine, e, upon the inconsistent I the conse* uire readers, arliamentary rror of eoni, r Mr. Paine tbiag defec* forts to bare ine that Mr. irepresented his inquiry, he sense of N»my appre^ 1 the British h, when the id beat upon icend, when the floods come, when the winds blow, it shall not rAi.t, for it is founded upon a rock. I then maintain, though not in accents sweet to the enf of corruption, or grateftil to our courtly pride, or acceptable to ill'got power, that those speculatiTe writers, who inrestigate th^ print:,:[>lcs of our Constitution, who compare that Constitution with those of other countries, perform a meritorious serriee to this nation t these writers rather impel us to rectify that which is wrong, or more strongly con- firm us in our lore and in our attachment to that which is right. Lei Mr. Paine, then, be considered the bitterest enemy, if you will, to our Constitution, yet as long as be confines himself to speculation, we should not complain. Qur best interests are invoWed in the Constl* tntion, but, alas ! like interests of a higher rank — which are superior to time and extend to eternity — they are too apt to be forgotten, or to make but little impression upon us. But, Gentlemen, I say that if Mr. Pnine has pointedly called our attention to the Constitution, he has performed to us an essential service — he has led us to contemplate its perfection, or roused us from our lethargy, to rectify such parts of it as may have suffered decay by time and corruption. Gentlemen, Shall the lending of a single copy of the works of this writer be held criminal ? Was there ever such a violation of the rights of Britons ? Mr. Paine has composed no model of a perfect Common- wealth, as Mr. Hume has done ; yet I dare say you have all read the political works of Mr. Hfame, and even applauded them. But if yon do condemn a man for lending a copy of Mr. Paine's work, you do what even was not attempted to be done in the reign of Henry the Eighth, when the Constitution, if I may so speak, was shorn of its strength, and nearly strangled on the rack of despotism. Gentlemen, allow me to ask, whether with equality of rights, Mr. Paine has ever preached equality of property ? — a chimera which may have entered into the brains of those who dream of a golden age, but who do not understand human nClure. Yet, Gentlemen, under the arbitrary reign of Henry the Eighth, did not the illustrious Sir Thomas More, enjoy« ing the confidence of the King, and placed at the head of the law, publish his Utopia, the plan of his republic, of which an equal division of property, an Agrarian law, an univerral community, formed the grand basis ? And, Gentlemen, in this enlightened age ; — ^when after so many fiery trials, our Constitution, in its pure and genuine princi-* pies, stands unveiled to our view, will you condemn a man for lending a work equally speculative, and, if such a thing existed as a welUfounded panic against <* levellers," I would say, infinitely more dangerous ? Gentlemen, I should be the last man to propose to your imitation the conduct of despots ; but I call upon you to ponder well the words of a man, who rendered the terms republic and despotism nearly the same — I mean Ckomwell. Under bis Protectorship, when Harring- ton published liis Oceana, a host of informers denounced that work. But what was Cromwell's memorable answer to them ? *' My eauae,** said he, " is too strong to be hurt by paper shot.'* Gentlemen, if you say, that by any publication the British Constitution can be injured, 1 think you would be guilty of the crime of libelling its strength. 94 I' »i. ^.1 ti But, Gentlemen, to conclude upon this head, — I maintain, tliat to Buppress works purely speculative, provoking . H the people to dis- obedience to the laws, nor to rebellion, however much these works may differ from the Constitution, would destroy the Liberty of the Press would trample upon the best and the surest bulwark, which defends the approaches to that stupendous erection. If, Gentlemen, to lend the works of Thomas Paine, to-day be sedition, to lend a translation of the Republic of Plato, to-morrow would be treason. Gentlemen, the works of Mr. Paine are lying before me. — I could read to you many passages to prove what 1 have so often stated, viz. that they are merely of a speculative nature ; but, Gentlemen, you are exhausted, and so am I ; and yet we have some length of field to travel over before we conclude. — For some of these passages I refer you to the laie celebrated speech of Mr. Erskine,* one of the best friends the Constitution ever knew, although be is one of that proscribed and reprobated east called the " Friends of the People !" Gentlemen, I trust that you will now be persuaded, that neither the publishing* nor the lending of a speculative political book, is sedition. But I now call your attention to another circumstance — the manner in which criminality is attempted to be attached to that book and to myself. Various detached passages are quoted from it in the Indictment. They are called " wicked," *< inflammatory," and *' seditious." In the sacred name of justice, will you condemn any book for ddached passages, separated from the whole connexion ? cut off from recipro- cal explanation, and from which neither its general tenour nor scope can be discovered ? If you do this, where is the book in which yon cannot discover sedition, by dissecting its separate sentences and para- graphs ? For my part, if you proceed in this manner, I do not know a more dangerous collection than the very books of hdy inspiration. Only separate verse from verse, and then combine them according to your whim or pleasure, and, Gentlemen, yon mtr.make the Bible one of the most seditious and treasonable books which ever was written. But you are neither to condemn that book nor me, for those detached passages exhibited in the Indictment You must carry along with you the whole works of Mr. Paine — you must scrutinise line by line, and you must pronounce upon the general context. If, after trying them by this test, yon find these works provoking the people to resistance, calling them forth to arms, to subvert the Constitution, then no doubt they are seditious. But if you find the author indulging himself in nothing but philosophical and political speculation, however much your principles and his may differ, you cannot condemn him for composing these works, or me, after they were composed and pub- lished, for lending them to a relation. Gentlemen, If you condemn books for being seditious, on account of passages culled from this page and from that, and artfully combined together, you have it in your power to award a proscription against universal literature. For, as I have already mentioned, there is not a * Vide Lord £rskine's Speech, vol. ii. Defence of Paine. 95 intain, tliat to people to dis- these nrorks liberty of the Iwark, which f, Gentlemen, n, to lend a d be treason, me..— I could 9n stated, viz. mtlemen, you ^h of field to issages I refer I of the best bat proscribed Gentlemen, e pnblisbing, . But I novr ner in which nd to myself, tment. They IB." In the for detached from recipro- ir nor scope in which yon ices and para- do not know y inspiration, according to the Bible one was written. 088 detached y along with line by line, , after trying le people to Constitution, lor indulging ion, however emn him fur id and pab- I on account ly combined tion against lere is not a single book in which, by dissecting it in this manner, sentence by sentence, and passage by passage, you may not discover immorality, blasphemy, and treason. Indeed, if the sad objects of reflection which present themselves to my mind when I contemplate the state of my country, could permit me to indulge in a vein of ridicule, I would advise you at once to lay the axe to the root of the tree, and to bring an Indictment against the Alphabet itself, because it is the source of the evil to be dreaded ; its parts form the component elements of sen- tences and of paragraphs, which may contain the most dangerous sedition, and the most horrible treason. But this is not the time for me to indulge in the sport of humour. Gentlemen, I shall admit, for a moment, that the passi^s from Mr. Paine, and the books exhibited in the Indictment, may be highly criminal ; but will any pereon venture to say, that I lent these books for containing such passages, or that I particularly pointed them put, and gave them my approbation ? If the Prosecutor has a right to presume that it was uoon account of these passages I lent these writ- ings, 1, too, have a right to draw a contrary presumption in my favour, and to say, that if there are sentiments in the works of Mr. Paine (and many such there are) fraught with universal benevolence, incul- cating universal amity and brotherhood, and of a tendency to dispel those passions and prejudices which animate and impel nation against nation, into fields of blood and of carnage, I am entitled to plead upon these passages — I have a right to say that it was the antidote, and not the poison, I recommended — and yon must know that the law of this country obliges you, where opposing presumptions are of equal strength, to let the balance preponderate on the side of the accused. Gentlemen, I shall conclude on the subject of Mr. Paine's works, by observing, that all the witnesses have uniformly sworn that I refused to recommend them ; that when the matter was proposed, I said the principles contained in them might mislead the people, as they were foreign to the object of the Society, and might misguide weak minds. There is not a witness adduced by the Prosecutor who says the contrary of this ; and will yon agree in opinion that the charge in the Indictment of '* circulating" and '* recommending" these books, has the slightest shadow of support ? Gentlemen, I will tell you the reason why I did not recommend Mr. Paine's books to the Societies in Scotland, and why I declared tliem foreign to their purpose. Mr. Paine is a Republican, and the spirit of Republicanism breathes through all his writings. This is his darling system. Whereas the object of these Societies was, by Constitutional means, to procure a reforma- tion in ih6 Constitution, and not a revolution, which implied its destruction. In other words, their object was to have their long lost rights restored, but not by the assumption of new rights derived from a diflerent system. Gentlemen, I am happy to find the people of Scotland rapidly advancing to a true sense of their Constitutional liberties — to see them demanding to have the Constitution restored to its genuine principles, in order that they may behold their liberties confirmed, and their happiness established. That they should advance 96 ! 'i |i I with more ardoor in this cause, it was necessary that they shonld know the Constitution, what it had been in its vigour, and what it now is in its decay, by the corruption of men and of ages. And pray what did I do to effectuate these legal and enviable objects ? I did not present to the people the splendid fabrics of ancient or of modern Republics* I wished them to keep their eyes confined at home, to repair their own mansion, rather than pull it down, and not to expose themselvea to the inconveniences and dangers of building upon new plans, the advantages or disadvantages of which could only be known by the uncertain experience of future ages. All the witnesses who speak oi my conduct in the Societies, tell you that I recommended none but Constitutional measures— and that the only book which I recommended to them was Henry's History of England, the best calculated, by its accuracy and plainness, to give them insight into the nature and pro« gross of the Constitution. Gentlemen, Having already explained the principle on which I refused to recommend the works of Mr. Paine ; I agun ask, was it ever before held criminal in an author to publish what speculative systems of Government he pleased, provided he confined himself to mere speculation, and did not advance forth to the field of action ? Was it a crime of Plato, under the Athenian Republic, to compose his beautiful system? Was it high treason in Cicero, under the Roman Commonwealth, to write those renowned works which hav« been lost in the darkness of the Gothic night, and of which a few fragments could only be found when the morning of letters began to dawn upon Europe ? Was Sir Thomas More led forth to the scaffold for composing his Utopia ? Harrington proscribed for his Oceana 7 Or Hume expelled for his Commonwealth? No, Gentlemen, these authors indulged themselves in a liberty, which, if we are now to be deprived of, must leave this land in darkness and despair, since the attempt at amendment and reformation will be for ever precluded. Gentlemen, I now close my observations on the subject of Mr. Paine's works, by calling you to remember that it was only a single copy which I lent ; and the circumstances attending which, admitting the book to be as seditious and as treasonable as can be imagined, utterly excludes the idea of a ** felonious" circulation on my part; You are the first Jury in Scotland before whom Mr. Paine's works have yet been brought. I trust you will act in such a manner as to do honour to yourselves, in doing justice to him and to me— -that you will not attempt to annihilate political science — that, in this country, where our chief glory has arisen from literature, you will not limit her researches, but that you will rather indulge her in her unbounded flight into every region where the materials of human happiness and human improvement can be collected. Finally, I must tell you, that you are not bound by what any Jury has done in England—you are bound by the law of Scotland. But even the decisions in England have lost the respect due to them, although they were to be held out as precedents ; for we have seen Juries one day condemninc: the author ihoald knou> it now is in ay what did not present 1 Repnblics^ repair their themselrea HT plans, the lown by the rho speak of sd none but Dcommended ilated, by its are and pro- on which I ;ain ask, was speculatire d himself to d of action ? , to compose o, under the B which hmn which a few ters began to to the scaffold ' his Oceana ? , Gentlemen, fa, if we are and despair, 1 be for ever ibject of Mr. only a single ich, admitting be imagined, on my part; Paine's works manner as to me— -that you I this country, ivill not limit er unbounded bappiness and tell you, that land — ^you are s in England to be held out ing the author 97 and the pnbliehers, and on ; . succeeding day we have seen other Juries prononoce a Terdict U acquittal. Gentlemen^ The next witneav is Ann Fisher, a late servant in my father's house. Her evidence comes forward to you with peculiar dis- tinction — caressed by the Prosecutor, and complimented by the Court. I will soon show yon, Gentlemen, that she has but few pretensions to that accuracy of which the Lord Advocate spoke in such high term« — and that her memory possesses a singular quality—- retentive to what- ever naay militate against me — but hesitating and confused to whatever may seem in my favour. What this domestic, and well-tutored spy, has given in evidence against me, fills my mind with little concern. On the contrary, it affords me much satisfaction to find, that, when I was surrounded in the place where I expected most security— where all sus- picion was lulled asleep, my conduct was so guarded. What do I say? —^^narded I — ^Innocence, Gentlemen, has no need to be on the watch. Even malice itself cannot condemn my conduct. But before I proceed to read her evidence from my notes, let me solemnly cau- tion you against the dangerous preccident of giving , credibility to witnesses of this kind, under accusations of tfiis nature. Tho crime of sediUon, if you attend to its essence, never can be committed within the walls of a private house. It supposes the highest publicity-— the convocation of many individuals together. Bnt if power shall say that words spoken in an unguarded moment within the sained walls of a family, amount to thu crime, what will follow ? Not those with whom you have acted in your political life, and who, with the impres- sion of the oath of God upon them, can best tell the truth — not those whom yon m*y l>Ave admitted to your friendship, and to your con- fidence, and who best know tbe secrets of your Mnd ; but the meanest of your domestics, who conld hardly approach your presence, even in their menial duties, if the expwissioo may be used, to whom the mem- bers of a fiunily are almost mknown :— •these t — Uiese ! — the meimest and the lowest will be brought forward to swear away your property, y^nt reputaUon, and your life I And sncbv Gentlemen, is this witness, w1m> is adduced against me with such parade. Oh, Gentlemen, beware bow you sanctify this shameful proceeding. It is not me you wound alone, but yon destroy the confidence whidi subsists between man and man — you lead, by your own hands, to the fire-sides of your chil- dren and your dearest relations, the fiends of suspicion and of danger : and you for ever put an end to that reciprocity of communication, which enlivens and endears domestic sot-iety. But let us hear what this witness has to say. I will read you from my notes her evidence. If I have erred in taking it down, I will of course be corrected. (Here Mr. Muir read the evidence of Ann Fisher.) Gentlemen, the testimony of this witness seems to relate to two of the principal charges in the indictment. The Jlrttf to my having made speeches in public societies* vilifying the King and Constitutioo ; the second, to my having distributed and recommended sedititous boo|(s, viz., Mr. Paine — the Patriot, &c. Under these two different articles let us examine the testimony of this witness. GenUemen, The Prosecutor hu told you that he could* adduce any / '. I i 1 i V thing Against me he pleisetl, nnder the gmmUity of the tern* sedition, even though it ahould not be specified in the libel. The Court has permitted him to do so : and in the case of this witness, you may see the dangerous effect of such doctrine. Gentlemen, I am accused of making seditions harangues in pubHe, but this servant girl is adduced to swear to what she says, she may have heard in private, when she wa« probably instructed to take her watch, and mark to destruction those who fed her. But what is the dreadful language she has heard me use, even in my unguarded moments ? I will repeat what she says— '1 will recall to your remembrance her express words, which were—" that if every body had a vote, I would be member for Cal- der — that members of Parliament wouM have SOs. or 40s. a day, and in that case, there would be none but honest men to keep the Con> stittttion clear." Gentlemen, you remember how the Public Ptasecutor expatiated on these words of this witness. After labouring long in vara, he now fancied he had got something against me. I smiled at the indecency of his exultation at this part of the proceeding, but next moment 1 pitied him when I reflected he was a law3rer and chief Counsel for the Crown in Scotland. Here, said the Prosecutor, ** You see the cloven foot I — you see Frendi principles manifested! — ^here you discover the whole tincture of his soul. — Members of Parliament to have SOs. or 40s. a day for their attendance I — to be honest men, and to keep the Constitution clear t Is not this evidence that he means to introduce in place of our House of Commons a National Convention, on FVeneh principles, and according to French forms I" (Gentlemen, Sorry am I to see the ignorance of this Lord Advocate of Scothmd. Is there a man who has opened the volume of the His- tory of our Constitution, who does' not know, that until a very late period indeed, wh^n corruption glided in, and tainted and pdsoned it, — Members of Parliament received their wages from the hands of the people alone ? Oh, how I speak it with joy when I review the past— -with soiTow when I contemplate the present. Our virtuous ancestors would have scorned to have received the price of their attendance from any other hands, than from the hands of the people. Then, indeed, the Constitution possessed all its energies. Then, indeed, it ^'uwered in the strength of age, but with the bloom of youth. The people delegated as their representatives, none but men of tried vhrtne and patriotism, in whom they could repose the most unbounded confi- dence. Look back, I entreat you, to all the great and good men whom English history records. Turn your eyes to the Hampdens — to the l^dneys — ^to the Marvilles, of fonner times — to these men but I stop. Let the Lord Advocate pronounce their eulogium by his invective. Fisher proceeds to state, that she has heard me say, that France was the most flourishing nation in the world, as they had abolished tyrmny and got a free Government ; — that the Constitution of this country was very good, but that many abuses had crept in which required a thorough reform ; — therefore. Gentlemen, even in my most unguarded hours, this domestic spy cannot, by her evidence, support a tittle of the indictment, where it charges me with vilifying the King 99 and ConstUntiou. Of her idle story of what I aoid conoeraing Courts of Justice,— tbut they needed a Reforms, and that this Coart in par* ticular got their money, for nothing bat pronouncing sentence of def^. upon poor creatures, sc. I disdain to tfdce notice; only you will dis- cover her exquisite art. This day I am tried before this Court, and she supposes that by indenting, and throwing in a circumstance of this kind, in order to irritate the Judges aguost me, she will more com- pletely execute the wretched job she has undertaken to cerform. Were there not more servants in the house, who had infinitely better opportunities to hear my conrersation ? and must she, the lowest of them all, with whom she cannot pretend I had ever two minutes' conversation, be singled out and pitched upon for this drudgery f She next depones, that she heard me say that a republican form of Government was the best ; but then she qualifies it by saying, that when I spoke of this country, I never deviated from the Constitution, but sud, that a limited monarchy, under proper restrictions, was the best adapted to its interests. Gentlemen, The next article of sedition to which she depones, is of the most extraordinary kind, viz. that I had sent her to employ an organist, on the streets of Glasgow, to pl^ the French tune, Cajra, 'Wb9X 1 Gentlemen I was a tune like this to lighten up the flames of civil discord, and to be the forerunner of this most terrible revolution ? Have you read the words of that most popular song — and can you discover a single allusion in them to the state of England ? Gentle- men, England has always cherished Freedom ; and shall it be deemed criminal in me to listen to the effusions of joy poured out by a neigh- bouring people, on obtaining that first of human blessings, which always constituted our peculiar distinction ? But I know it well. The word Freedom is soon to be proscribed from our language ; — it carries alarm and sedition in the sound. If I had caused to be recited one of those noble choruses of the Grecian drama, in which, with the enthusiasm of Liberty, the glories of dio Republics of Athens or of Sparta were displayed in Isnguage mora than mortal, my offence would have been deemed the same with that of amusing myself by hearing the national song of France. If it had been possible for me to have caused to be sung upon the streets of Glasgow one of the Psalms of the Hebrews, in ^e original language, in which the triumphs of the people and the destruction of tyrant are recorded in a strain of the highest poetical inspiration, the crimin- ality would have been the same with that of listening to Ca Ira.* Gentlemen, Let me abandon the subject. My poli^cal career has neither been obscure nor inglorious — it has undergone the severest scrutiny which ever fell to. the lot of man— and after. every engine lias been employed — after heaven and earth have been moved, the tremen- * We wonder wfast Lord Advocate [)andM would have said to the patrlotio ■ong of Burns, " Scots wha hae wl' Wallace bled ?" We think he would have nlled the folluwing lines wicked and treasonable. " Ijay the proud usurpers low! Tvrants fall in every foe ! Liberty's In every blow, Forward! let usdoordle!" ^ ^ . 100 dons chtrgtt of sedition is, afiler all, to be supporteViloon concur in this ? No. He tells you, that he bought a copy of the Address to thtf Addressers ; but not by my advice. He even recollects the levity of conversation. An M man from the country came in while he was dressbg me. He renkembers I said, that this old man was a great reformer. If I ever said so, I wish it may not have been in jest, but in earnest, and tbat the fact with regard to the man was true ; for. Gentlemen, 1 know of none who should be greater reformers of themselves and of others, than those who are standing on the brink of the grave, or hastening to eternity. But I am afraid that this witness only remembers a piece of Unmeaning gaiety; for he adds^ the old man said, ** I was taunting him." Gentlemen, The conclusion of tlie evidence of Wilson affords me muck consolation. It is a proof of the innocency of my private life, in moments when I could not possibly think of the i^ectation of integrity. He swears that he has always heard me say, that I would " maintaiui the Constitution ;" and Aat I wished for ** peace and good order," aud <' good monds among the people ;" and that be « never heard me speak agabst the King." The nett testimony is that of John Muir. He tells you, that bfe had a conversation with me in September last about Fsine's book in my fkther's house ; that he asked the loan of it from me ; that I told him I had it not. Does this resemble the conduct of a man accused of distributing these books to all and sundry, and scattering them over every portion of the land ? He says, I mentioned I would send a servant who would get it for him ; that a servant girl accordingly Went and got it. Does not this completely confute ^e testimony oif Fisher, who affirms that I much *< pressed " this man to purchase that book ? since be tells yoa» that he himself asked the loan of it ? Is not this a complete contradiction of her testimony ? The next witness is John Barclay, that old and venerable person, whom you saw adduced as a witness by the Prosecntor» and who informs you, that we were Elders in the same parish— the perish of Colder, in which the lands of my &ther are situated. Gentlemen, (■'f'i 103 the Lord Adrocate, ia speaking of this Tirtnoos md renerable old man, ezclumed with ineoleni eontompt, " Saeh UBen m thtm era the companions, and imt^ men as ik$m are the friends of Mr. Mair I" Yes ; I tell the Lord Advoeate— 1 tell the Aristocracy of Scotland— I glory more in the friendship of such an old, poor, and Tirtnoas maa, than in the friendship of the highest titled Peer, who derires the sources of his gnilty grandeur from the fiulamities of the people ».— who wrings out a splendid, but a miserable rerenuc, from their sorrow and distress, — from their tears,.~and from their blood,i—whieh Im squanders iit dissipation,— to the ruin of private virtue,— and to the contamination of public morals. Let us see, then, what Mr. Barclay soys against me j— that " be asked my opinion concerning Fhine's books,'— that I toM him be might purchase theui if he chose, as they were printed,~.bnt that I afterwards said " they were net books for us." Does Mr. Barclay's evi- dence support the criminal charge in the libel, of my aehntmg people to purchase seditious books, and of my cireulaHng them over the country ? — Does not Mr. Barclay's evidence shew that I never recom- mended Mr. Paine's works, and said tliat they were not works for us, who were simply engaged in the cause of a Parliamentary and Constitutional Reform ? Gentlemen, is there a ungle witness brought forward by the Prosecutor, Tvho has in the smallest degree stated any conversation of mine which was unconstitutional ? hear what Mr. Barclay says :— he was frequently with me, and in my library, from which he borrowed books; — that he bad many conversations with me, and heard me say, that the Constitution of this country was u excel- lent one :— that I praised the King, and always spoke of order, regu- larity, and obedience to the ruling powers. In short. Gentlemen, the best of the witnesses for the Prosecutor use the same uniform language,— Attest that neither in public nor in private, a single ex|»es» sion ever dropped from me, which the most violent assooiator could constene into guilt. The last witness of whom I shall take notice is WilHacv Muir, the person whose religions principleo at jfirst induced him rather to suffer, according to the elegant expression of the Lord Advocate, elemal imprisonment, than to take the oath, until his scruples were removed by the Rev. Mr. Dun. He shears, that in my father's house, at Huntershill, I gave him eleven numbers of the Patiiot, and a oopy of the Political Progress. From these numbers of the Patriot sevoral passages are quoted in the indictment. Of the Political Progress there is no mention made ; and I maintain that every passage in the Patriot, quoted in the libel, ia highly constitutional. The sentiments advanced in them may not souud musically sweet to the ears of cor- ruption. They call upon the people to arise and vindicate the purity of the Constitution— to vindicate their long lost rights ; and. Gentle- men, if my feeUe voice could extend to the remotest comers of Scotland, I should resound the same sentiment in the same language. These numbers of the Patriot speak to you concerning Septennial P&rliaments. And I say, that the Act which converted Triennial 104 PBrltimenti into Septmnial, ▼idtutd oar Comtiiotloa, tort tb« charur of oar nitiooal lilwrtiM, and pared the way for the ioreodi of a ^gMal dMpotirai. Bat this witnoM conean with all tbo prvecding witMMN iu regard to my conduct ami principle!. He eweare tlNM be doee nut remember to bare beard me ipeok ogdnit Govern- ment ^-.tbat 1 did not ad?iee nnoonetitational meararee, and tbat be heard om tell how Old^Samm wae repraeented. Old Saram repre- aeatedl— Do not the friend* of the Conititation weep, aad do not the enemiea of the Conetitation anile, when they hear of mek repteaentauon ? ' ' ' Gentlemen, Before I apeak to the third article of accaaation, the reading in the ConTontion the Addreaa of the Society of United Iriab- men of Dublin, permit me to make one obaerTation on the manner in which the Proaecutor apoke of the papera foand in my cnatody. Do they correapond with the riew which he preaented of them ? Are they the docamenta of correepondence with foreign or internal foe* ? No, Gentlemen. Among mv4Nipera tlere ia not one which can be conatmed into any thing luce gnilt. They conaiat of pampbleta, unconnected with the politica of the day, and of the Tariona publica- tiona of a Society, pore and untainted in ita principlea, of which 1 baTO the honour to be a member. But every thing muat be ranaacked to heap crimination upon my bead. One of the lettera which I had undertaken to deliver in Scotland, ia addreaaed to the Rev. Fiache Palmer. ** Mark I" criea the Lord Advocate, ** the company which thb man keepa. Who (aaya be,) ia Mr. Palmer, but a peraon who ia likewiae indicted for aedition, and who ia to be tried in a few daya at Perth." Unheard of cruelty.;~unezampled inaolence I What I before thia Court — tbia Jury — thia audience — do you (looking in the Cmw of the Lord Advocate,) attempt to prejudicate and condemn Mr. Palmer in hia abaence, undefended, and without any poaaibility of defending bimaelf? But, ezclaima the Lord Advocate, the "aeri upon the letter" ia a proof of the moat atrodoua guilt. GAitlemen, what ia it ? Honible to tell I it b the Cap of Liberty ! aupported upon a apear, with the worda Ca Ira above I Gentlemen, all tbia ia perfectly conaiatent. When yon attempt to banish the ttibttanee of fireedom, the shadow muat follow I Whan a new coim^e takea place bia Lordship baa given a most excellent hint. The officers of the Mint will surely profit by the lesson, and they wtil no more scatter sedition throughout the laud, by impressing upon our halfpennies the figure of Britannia, with a spear in her band, mounted with the Cap of Liberty ! But I am ashamed to enter into such trifles. Gentlemen, I now come to the laat charge — that of having read in the Convention of Delegatea, the Address from the Society of United Irishmen in Dublin. Gentlemen, I admit the feet, and I glory in the admission. The Prosecutor baa repreaented that Society as a gang of mean and neferious conspirators ; and their diploma* of my admission into their number, as an aggravation of my crime. Gentlemen, let me tell the Lord Advocate of Scotland, that that Society stands too * Copied in Appendix. my Ad am in thi -.,»--,■ w».^;T:jtj*fri.. 105 tiM cbtrtar roMli of a > pnetding ie ■wean ■( Oof«rn- ud that ha ran rapre- >t Md do «r of Buck ntioR, tho Dited Iriah- maoner in todir. Do em? An srnal fotm ? lich «an ba pamphleta, u poblica- >f which I > rantacked hichlhad tar. Fiache ■ny which enoD who • few days I Wbatr ^ing in the idemn Mr. nihility of the «acnl 'Aitlemen, ■npported all this is Aieance of kkes place « of the *n scatter mnies the b the Cap ig read in Bf United >ry in the B gang of idmission o» let roe ends too high to be affected by bb iBveetlva, or to raqiire the aid of nay de- fenoe. 1 am a member of thai Society ; and in the laat OMMnests of ray life to hare been so, shall be my hoaoar and my pride. The Lord Advocate has represented tp yoa in general terms, that that Address amonnu almost to Trsason, bat be dwat not attempt to point ont in his speech, a single passage wUeb eoold support tho aspersion. I maiatab that erery line of that Addrese is strictly constitntional. Yoa mast carry the wkob of it along with yon, and not jndge of parttcniar passages scandalously mutilated in the Indictment. Gentle- men, I will read over many passages of this Address, not merely because they are the production of an immortal pen, but because every word la regulated by the spirit of the Constitution. (Here Mr. Muir read the Address, which we hare pnblisbed at length in the Appendix.) ' Gentlemen, The Lord Advocate, however, haa represented tho authors of this Address, as the meanest of mankind, and has expressly called them " imfamotu «fretche$ who had fled from the punishment due to their crimes." What slander I— what fiilse— unfounded slander I Has Doctor Drennan— Jiaa Mr. Hamilton Rowan, whose names are at the head of this Address, fled from crimes and from punishment ?— and they are " infamous wretchesl" Gentlemen, if ever after agea shall hear of my name, I wish it may be recorded, that to these men I liad the happiness of being known. . To be honoured by the notice of Dr. Drennan Is an ambition to which, in the most exalted station of life, I would fondly aspire. To have it said that I was the friend of Mr. Hamilton Rowan, I would consider as the passport to the only ac> quaintances whom I value,— those who found their claim to distinction upon the only true basis, I r;f>an their own virtues. Mr. Rowan is in- deed indicted to stand tnal in Ireland upon a charge similar to my own. He will boldly meet his accusation— and let me say along with those who know him, that although it is impossible to add new hwtre to his character, vet as he has often come forward in tho cause of individual humanity, he will display himself upon that occasion, the firm,— the intrepid,— «nd I hope the successful champion of the liberUea of his native country.* Gentlemen, I hasten to a conclusion. Mudi yet renuuna to say. But after, upon my part, the unremitted exertion of sixteen hours, 1 feel myself wkuAf oxhaasted. Look onee more, I entreat you, to the Indictment, and compare it with the evidence. The Jirtt chmrgo agai|ist me is, that, in public speeches, I vilified the King and Constitution. All the witnesses adduced, attest, that both in public and in private, even in my most unguarded moments, my language was always respectful to the King, and that I always recommended the Constitution. The aecond charge against me is, tint of advisbg the people to read seditions books, and of distributing inflammatory publications amopg them. And yon hear it proved, by the almost unanimous voice of * Sm quotation from the doquent Speech of Cumm la IMmoe of Mr. Rowsn, Appendix, in which allusion ie nuuie to Mr. Muir. 106 Um wit in M W for Um Crown, ibot I nAmocI to raeoanoad ny books, and tbot tho oalv ono wMoh I roooainondad woo Dr. Honry'i Hialory of Eng loBd. Yoa will noi fonot tho cifcnaMtMicoo in which 1 lont Froelaod • copr of Pluno's workot aor will yoa forgot tli« nitnner io whieb tho writiaga of thot umm woro iatrodoeod in convoraotion with Wilaon, Mnir, and Boreky. With rogwd to other boolu and pnm- phloto Montionod in tho libol, tbore is not any proof. Wn. Mair haa dopoood, that I gavo him ono or two nnnbon of the Patriot, and tome other pamphlota, whoao titlea I cannot remember. Gentlemen, I frankly acknowledge that I gave him tboee nnmbera of tho Patriot ; and if I were not now entirely oTercome by fatigne, I conid demon- Btrate to yoo, that, in thoee nnmbera, there ii not a ainglo eentimont nneonmitntional or eeditiona. I am aocaaed of reading the Iriah Addreet in the Con?ention, and of moTing a aolemn answer in retnm. That Address is '* neither ** seditions^ wicked, nor inflammatory." There io not a sentence in it which I haTo not defended in 3roar presence. Gentlemen, yoa neither can do jnstioo to me, nor to the oonntry, if yon condemn these different pnblioationa, npon aeconntof the scandalonsly mntilated extracts from them in tho libeL Yoa most carry the whole of them along with yon freaa thia place. It ie not npon detached passages you are to judge ; bnt yon must decide npon the whole. Gentlemen of the Jury, Thie is perhaps the last time that I shall address mv conntry. "^ I haTO explored the tenour of my past life. Nothing shall tear from me the record of my former days. Tho onemies of Reform hnvo scmtinised, in a manner hitherto unejutmpled in Scotland, every notion I may have performed— every word I may have uttered— of crimee most foul and tiurrible have I been aecnsed— • of attempting to rear the standard of civil war—to plunge this land in blood-.«nd to cover it with desobtioo. At every step as the evidence of the Crown advanced, my innocency has brightened. So far from inflam* ing the mmda of men to sedition and to outrage, all the witne s s e s have eoocarred that my only anxiety was to impress upon them the neces- sity of peace, good order, and good nioPiU. What, then, has been my crime Not the lending to a relation a copy of Mr. Paino'e works — not ^V^ giving away to another a few numbers of an innocent and conbiitutiontl publication — but my crime is /or having dartd to be, aeeording to the meature cfmyftebh tUtUUiet, a ttrenuout and actwe advocate for an equal RepreaenteMon of the People in Uu the Aopce— for having dared to accompli !i n measure, by legtl which was to diminish the weight of their taxes, and to put an profusion of their blood. Gentlemen, from my infancy to this moment, I have devotad myself to the cause of the People. It is a aooo CAUSB — II SHALL ULTIMATELY FAEVAIL — IT SHALL VINALLY TRIUMPH, iky^ then, openly, in •your verdict, if you do condemn me, which, I prjsaroe, you will not>«— that it is for my attachment to this cause alono"- aiiii not f-^T those rain and wretched pretexts stated In tiie Indictment, \aietuici ocly to ald demon- |1« ■•otimant ▼•otion, and i« " neither eatenee in it yott oeitber Me dlffei«nt xtracte frooa Dg with yon re to judge { tUtlsball >y past tih, fl«yfc Tha aoexanpled word I may 1 aconaed— . (his Jud in he eridenco rronioflan- neeiei have the neoea- u been my 'a worlis-. locent and tred to be, ond adwe ,.1 I ' ■ . .ufe • UH>uient» a A aooo VINALLY demn me, 'Bt of ra- rnorse, weigh well the Teidict yon are tu pronoaace. As for me, I ani eareleea and indifferent to my iua. I ean laok ilanger, aad I can look death in the face, for I am sMolded by the consciousnesa of nvf own rectitude— I may be condemned to languish in the re c eesea of a dungeon— I may be doomed to aaeend tha ecaffokl. Not! «iT 01 mind, arising from the remembianoa of having dia> cbar;;cd .n*- *. ••■v. ' W hen >Ir. iVliiir sat down, an unanimous burat of applause was dxpitiific ^y the audience. (He spoke nearly three hour s eom» rr/<>nced his address at 10 at night, and finished about 1 on Sataiday liiorning.) The IrmlJuUiee Clerk ehortly eummed up the e?idenoe. Hie Lord* ■hip laid that the Indictment was the k>ogeet he had erer seen ; but it was not necemary to profe the whole, in order to find the paanel gnUty» for the Jury had oulv to look at the concluding sentence of tha In* dictment, from which it was plain, that if any ono part of tha Hbel was proven, it establbhed the guilt of die pannel the saam as if the whole was eubstantiated. Now (said his Lordship), this is the question for consideration t Is the pannel gnilty of sedition, or is ho not ? Now, before this qneetion can be answered, two things must be attended to that require no proof. Firttf That the British Constitution is the beet that ever waa since the creation of the world, and it is not possible to makrit better. For is not erery man secure ?— does not every man reap the fruits of bis own industry, and sit safely under his own fig-tree ? The mxi ctrcum" ■tance n, that there was a spirit of sedition in this country last winter, which made every good man very uneasy. And his Lordship coin* cided in opinion wiui the master of the Grammar-echool of Glasgow, who told Mr. Muir that he thought proposing a Reform waa vary ill- timed. Yet Mr. Muir had at that time gone about among ignorant country people, makinig them forget their work, and told them that a Reform was absolutely necessary for preserving their liberty) which, If it hud not been t»r him, they would never have thought waa in danger. His Lordship did not doubt that this would appear to them, as it did to Um, to be sedition. The next thing to be attended to waa the outlawry. Running awav from justice— «lkif was i mark of guilt. And what could he do in France at that paiiod ' — pretending to be an ambassador to a foreign country, without lawfW authority, ^at was rebellion ; and he pretenda to have had infiweoc* w>«h those wretches, the leading men there. And what kind of folks were they ? His Lordship said, he iwtw liked the Fremd all kis days, Mit now he hated them. The Pannel's harauguiug ««sli multitudea of ignorant weavers. 108 about their grievances, night hare been attended with the wont con- seqaenoea to the peace of the nation, and the safety of onr glorious Constitution. Mr. Mnir might have known, that no attention cot^ be paid to such a rabble. ' What right had thejr to representatioa? He could hare told them that the Parliament would never listen to their petition. How could they think of it ? A Goremment in every country should be just like a Corporation,* and in this country it is made up of the landed interest which alone has a right to be represented. As for the rabble, who have nothing but personal property, what hold has the nation of them ? What security for the payment of their taxes ? They may pack up all their property on their backs, and leave the country in the twinkling of an eye, but landed property cannot be removed. ; The tendency of the Ptonel's conduct was plunly to promote a spirit oi' revolt, and if what was demanded was not given, to take it by force. His Lordship had not the smallest doubt that the Jury were like himself, convinced of the Pannel's guilt, and desired them to return such verdict as would do them honour. The Court retired at two o'clock on Saturday morning, and met agun at 12 o'clock of the same day, when the Jury returned a verdict unanimously finding the Pannel " Guilty of the crimet libeUed" The verdict being recorded, the Lord Justice Clerk addressed the Jury,and said that this trial had been of the greatest importance. He was happy that they had bestowed so much attention upon it, and informed them that the Court highly approved of the verdict they had given. He then desired their Lordships to state what punishment should be inflicted, which they did to the following purport. Lord Benderland\ observed, that tlie alarming situation in which this country was, during the course of last winter, gave uneasiness to all thinking men. His Lordship said, that he now arrived at the most disagreeable part of the duty incumbent upon him, which was, to fix the punishment due to the crime of which the paonel was found guilty. The Indictment contained a charge uf sedition, exciting a spirit of discoutint among the inferior classes of people, and an attack agunst the glorious Constitution of this country. The Jury, by the verdict which they had returned, and to which the Court had alone recourse, had found the pannel guilty ; and it was their Lordships' duty only, now to affix the punishment due to the offence. His Lordship said he would not dwell upon the evil consequences of the crimes committed by the prisoner. The melancholy example of a neighbouring country, which would for ever stain the page of history, rendered it unnecessary for him to recapitulate the circumstances of the case. In that country, the consequences of such measures have E reduced every kind of violence, rapine, and murder. There appeared, e said, to have been in this country a regular plan of seditious mea- sures. The indecent applause which was given to Mr. Muir last * Horace Twlaa, Sir Charles Wetheral, and Co. must have been gtudying bis Lordship bitely ! — Excellent worthieit ! t " Clerk of the Pipe" for ScotUnd. ,^.-. > ■■ . . - nt to to th se wont con- oor glorious be paid to He conid leir petition, intry sbonid B up of the As for the old has the ues? They the country removed, promote a to taice it e Jury were ed them to ig, and met ed avertHce Celled." dressed the lance. He >on it, and |ct they had punishment t. in in which leasiness to red at the which was, I was found exciting a d an attack iry, by the had alone Lordships' !nce. His ces of the ofiple of a of history, stances of lures have appeared, iuus mea- Muir last 'Udying his 109 night, at the conclusion of his defence, within these walls, unknown to that High Court, and inconsistent with the solemnity which ought to pervade the administration of justice, and which was insulting to tlie laws and dignity of that Court, proved to him that the spirit of sedition had not as yet subsided. He would not, he sud, seek to aggravate the offence committed by the pannel, by the misconduct of others, in order to increase the punishment. The punishment to be inflicted is arbitrary, of which there is a variety. Banishment, he observed, would be improper, as it would only be sending to another country, a man, where he might have the opportunity of exciting the same spirit of discontent, and sowing with a plentiful hand sedition. Whipping was too severe and disgraceful, the more especially to a man who had bore his character and rank in life. And imprisonment, he considered, would be but a temporary punishment, when the crimi- nal would be agun let loose, and so again disturb the happiness of the people. There remains but one punishment in our law, and it wrung his very heart to mention it, viz. transportation. It was a duty his Lordship considered he owed to his countrymen to pronounce it, in the situation in which he sat, as the punishment due to the pannel's crimes. His Lordship observed, it was extraordinary that a gentleman of his description, of his profession, and of the talents lie possessed, should be guilty of a crime deserving such a punishment ; but he saw no alternative ; for what security could we have against bis future opera- tions, but a removal from his country, to a place where he could do no further harm ? His Lordship was therefore of opinion, that the pannel should be re-committed to prison, there to remain till a proper opportunity should offer for transporting him to such place as his Majesty, with the advice of his Privy Council, might appoint, for the space of fourteen years from the date of the sentence ; and that he should not return within that period, under the pain of death. Lord Swinton.* The crime with which the pannel is, by a Jury of his country, found guilty, is sedition. It is a generic crime — deflned by our lawyers to be a commotion of the people without authority, and of exciting others to such commotion against the public welfare. This crime, he observed, consisted of many gradations, and naigbt have run from a petty mob about wages, even to high treason. He thought the punishment should be adapted to the crime. The ques- tion, he said, then was, what was the degree of the crime the pannel has been guilty of ? — and that was to be discovered from the libel, of which he has been found guilty by the unanimous verdict of the Jury. It appeared to his Lordship to be a crime of the most heinous kind, and there was scarcely a distinction between it and high treason, as by the dissolution of the social compact, it made way for, and so might be said to include every sort of crime, murder, robbery, rapine, fire-raising, in short, every species of wrong, public and private. This, he observed, was no theoretical reasoning, for we had it exem- plified before our eyes in the present state of France, where, under * See Pension List of Scotland for " Swinton." 110 n ■M i I 1 ! ;' y ■: I. the pretence of asaerting liberty, the vfont sort of tsrranny wm estab- lished, and all the loyal asd nanl ties which bind mankind were broken. Nay, shamefal !• tell, even religion itself was laid aside, and publicly disaTo«red by Uie National Convention. And in this country certain wretched persons had assumed to themselves, roost falsely and insidiously, the respectable name of FHends of the People and of Reform, altbeagh they deserved the very opposite denomina- tion ; by which meaas they have misled and drawn after them a great number of well-meaning, though simple and unwary people. If pun- ishment adequate to the crime were to b« sought for, there could be found no punishment in our law sufficient for the crime in the pre- sent case, now that tohturb is happily abolished.* By the Roman law, which is held to be our common law where there is no statute, the punishment was various, and transportation was among the mildest mentioned. Paulns L. 38, Dig. de Panit^ writes, Aoioret teditionit £t tumultus, papulo ooncUato, pro qwlitatt diffnitatut aut in Jwrcam toUuntur, aut bettiii obficiuniur, aut in insulam deportanttu; We have chosen the mildest of these punish* meats. By the Codex, lib. 9, t. SO, d!e teditions et his qui piebem contra rempubUcam mident eoUegere, 1. 1 and 2, such persons are Buljected cid muktam graviuimam. Baldns writes, Provoooau tumul- turn et clamorem in popuio, debet mori, pama seditionis. And by a Constitution of the Emperor Leo, Subdatidos atUem pcenis ei$ qua* de »editioni$ et tumuUut auctorihm vetustissima decrela sanxerint. The sole object of punishment among us is only to deter others from committing the like crime in time coming ; therefore, the pun- ishment should be made equal to the crime. All that is necessary is, that it serve as an example and terror to others, in time coming, against a repetition of the like olBTence. In the present case, be tliougbt that transportation was the lightest punisluneut that could be assigoedi and that for the space of fourteen years. Lord Dunsinnan concurred. Lord Abercnm^. His liordship did not think it necessary to say much as to the enormity of tht crime, after what had been already eaid. By our law it might have amounted to treason, and, even as the law now stands, it came very near it. He observed that Mr. Muir, last night, when conducting his defence, bad stated, and which was mariced, and it had great weight with him, '< That the people should be cautious, and by aU raaooer of means avoid tumults and disorders; for, through time, the mass of the people would bring about a revolution." (Here Mr. Muir rose and said, ** Idenjf it, my Lord—M it totally fedse") If any thing could add to the improper nature of the panael's defence, it was his pretended misnon to France, and the happiness be expressed in die circle of acquaintance he had there. It was evident, said his Lordship, that his feelings did too much accord with the feelings of those monsters. His Lordship • The UM of Torture wm only put an end to, in Scotland, by an Act of the British rarliament in 1706. .. r wu estab- nkind w«r9 laid atide, Vnd in tbi« lelres, mosl the People ) denomina- lem a great e. If pun- e could be to the pre- law where DsportatioQ de Panigf ^ quQUtaU ^r, aut in ese panish* qui pkbem lersons are Kou tumid- And by a is m quat weerint. eter others if the pan- ecessary ia^ le coming, he tlioogbt eaasigned, sary to say !en already id, even as 1 that Mr. and which he people malts and }uld bring enyUf ray '■ improper to France, ice he had ;s did too Lordship Act of the 111 coincided with the rest of their Lordships, in r^Kwd to the punish- ment which they thought Mr. Muir deserved. Lord Jvttke Clerk, His Lordship said he was considerably afiiBCted to see the pannel tried for sedition, a man who had got a liberal edu- cation—was member of a respectdile society — poaecMed considerable talents— and bad sustained a respectable character. His Lordship considered the very lowest species pf this crime «s heinous, and that it was aggravated according to the object in view. Here the object was important ; for it was creating in the lower classes of people dis- loyalty and dissatisfaction to Government, and this amounting to the highest sort of sedition is bordering on treason, and a little more would have made the pannel stand trial for his life. His Lordship agreed in the pn^riety of the proposed punishment, and he observed, that the indecent applause which was given the pannel last night convinced him, that a spirit of discontent still luilced in the ininds of the people, and that it would be dangerous to allow him to remain in this country. His Lordship said, this circumstance had no little weight with him, when considering of the punishmeqt Mr. Muir deserved. He never had a doubt but transportation was the proper punishment for such a crime, but lie only hesitated whether it should he for l^ or for thb term of fourteen years.~-The latter he preferred, anid he hoped the pannel would reflect on bis past conduct, and see the impropriety which he had committed ; and tiiat if he should be again restored to his country, he might still have an opportunity of showing himself to be a good member of that Constitution which he seemed to despise so mudi. After his Lordship had delivered his opinion, and during the time the sentence was recording, Mr. Muir rose and said : — " My Lords, / have only a few words to say. I shall not animad- vert upon the severity or the leniency of my sentence. Were I to be led this moment from the bar to the scaffold, I should feel the same calmness and serenity which I now do. My mind tells me that Ihave acted agreeably to my conscience, and that I have engaged in a good, a JUST, tmd a glorious cause,— a cause which sooner or LATER, MUST AND WILL PREVAIL, AND BY A TIMELY REFORM, SAVE THIS COUNTRY FROM DESTRUCTION." << SENTENCE. ** Hie Lord Justice Clerk and Lords Commissioners of Justiciary having considered the foregoing Verdict, whereby the Assize, all in one voice. Find the Pannel Guilty of the Crimes libelled — ^the said Lords, in respect of the said Verdict, in terms of an Act passed in the 2dth year of his present Majesty, entitled *an Act for the more effectual Transportation of Felons and other offenders in that part of Great Britain called Scotland,' Ordain and Adjudge, that the said Tliomas Muir be Transpor^d beyond Seas to such place as his Ma- jesty, with the advice of his Privy Council, shall declare and appoint, and that for the space of Fourteen Years from this date; with certification to liim, if after being so transported he shall return to. 112 mmI be fooad ftt large, within any part of Great Britda, daring the said fovrteen yean, withant eome lawful eaoie, and be thereby l^ally oonTicted, he ihall anfier Death, ■■ in eaaes of Felony, withont bmefit of Clergy, by the law of England—and Ordain the end Thomai Mair to be nrried back to the Tolbooth of Edinbargh, therein to be detained till he is delivered over, for being eo tnuitported, for which thie shall be to all concerned a Mffictent warrant. (Signed) Robbht M'Qubkm." in a No. 11. CcpsfLettert Rer. Wm. Dun, Minitter of Kirkiniittoeh, loMr. MuiR. My Dkar Sir, — The nnanimoos wish of the Sossion of Cadder, and I am desired to say, the prevailing wish of the people of Cadder, is, to have the Saci. nent of we Lord's Sapper dispensed among them this season;— 4>f this they have desired me to inform yon, hoping it will meet with your approbatioo. The Plresbytery of Glasgow is to be advised of it on Wednesday first, and requested to appoint a day for the porpose, and the fourth Sabbath of July his been thought of by some. As an ordinance of our holy religion, it is surely proper — ^in odier icspeete it may do good, antf can do no harm. To have your approbation of ^is design before the meeting of Presbytery, would be agreeable to the Elders, and also to him who has the pleasure to be, DiAR Sir, With respect, Your tnost humble Servant, Wm. Duh. KiridntiUMdi, JonsS, 179S. 1; 1 1 No. III. Aiuwer by Mr. MuiR. Dear Sir,— The proposed celebration of the Sacrament of tlie Lord's Supper, in the parish of Cadder, is a measure to which I c r- dially give my highest approbation. Whatever /wfitioa/ opinion may be entertained by different parties, in this instance, I should consider their interference u a crime of the deepest guilt.* I therefore hope, that upon all udes there will be universal unanimity. No exertion upon my part shall be wantbg, to render every thing convenient for the Ministera who may attend.f Yon are, however, sensible, tnat from the various altercations which have lately occurred, much of the utility of the measure will depend upon a prudent choice of these Ministen. I could wish that gentle- men, obnoxious to no part;', should be invited, whose public minis- trations will not be associated in the minds of the people with prior • To the Ksadsl of the Cbnrch of Sootland, political animoritf , st tliit tine, fireqaentlY dispisyed ttaslf from tlie pulpit ! t Mr. Mair gtMnlly entertained the Minhten at Hanterdiill. a, daring the Mraby l^ly itbont braefit rbomu Mnir o be detained ich this shall 'oMt. Muir. D of Cadder, le of Cadder, among them on, hoping it ilasgow is to ippoint a day »n thought of rarely proper • } meeting of to him who Servant, Vm. Dun. iment of tiie which I cr- opioion may onld consider ere'ore hope. No exertion onTeoient for Mtions which I will depend I that gentle- >ablic minis- le with prior ty, St this tiflM, US political condnct— whom they will tegud solely m the Mbisters of religion, and not as the partisans of anv particular party. Upon this subject I beg your advice* I value the interests of religion, and I consider this to be to theui of. the highest moment. Returning you my sincere thanks for your attention to the parish, in a matter of such superior importance, I remain, Dear Sir, Yours most respectfully, Edinburgh, lltb June, 1792. ThOICAS Mu^R. Rev. Mr. W'm. Dun. No. IV. Original List of Assize, or of the ^b Jurymen, from whom the Lord Justice Clerk *' selected" M« 15 who sat on the Trial, shewing vr John Davidson of Ravelrigg 8 James Bochied of InverlMth « 20 John Newton of Curriehill James Calderwood Durham of Folton Thomas Wright of Greenhill James Gillespie of Spyelaw Thomas Sivewright of South-honse ^« ' ** 25 James Kerr of Woodbum 9 /oAn il/ves of Dalkeith, portioner ,.,« Patrick Pridie, batter in Edinburgh ' '{> Thomas Brown, bookseller there j Andrew Smith, perfumer there '' , 30 James Charles, hosier there i-^aii iL* Alexander Inglis, merchant there .'l■^ William Pattison, merchant there William Cooper, upholsterer there Andrew Ramsay, slater there. . .. ^, H 114 35 Thomas Dnncan, bookwller there 10 Wilkam JMrympht merchant there Francis Bnchan, merchant there James Mansfield, banker there 1 1 Donald SnUtht linker there 12 40 Jame» Dick$(m, bookseller there Samuel Paterson, merchant there 13 Oeorge Kirmear, banker there 14 Andrew Forbetf merchant there 15 John Horner, merchant there 45 Alexander Wallace, banker there. No. V. Li^ of Witnesses for the Crown. 1 John Brown, weaver at Lennoxtoan, parish of Campsie, and connty of Stirling. John Spier, weaver at Lennoxtoun aforef ud. William Robertson, excise-officer there. Francis Clark, calico-printer at Lennox Mill, parish and county aforesaid. 5 Alexander Johnston, bleacher at Ktncaid Printfield, Campsie aforesaid. Henry Freelandf weaver in Kirkintilloch. William Muir, weaver there. John Scott, wright there. Robert Weddel, weaver there. 10 James Baird, hosier there. The Rev. Mr. William Dunn, minister of Kirkintilloch. John Scott, weaver there. ^ William Knox, weaver there. James Muir, student of divinity, residing at Campsie. 15 Anne Fisher, servant, or late servant, to Mr. John Carlisle, Col- lector of the Cess in Glasgow. Thomas Wilson, barber in Glasgow. William Reid, bookseller and stationer there. James Brash, bookseller and stationer there. David Blair, manuftustnrer in Glasgow. 20 John Muir, senior, late hat-manufacturer, presently residing there. John Barclay, residing in the parish of Calder, in the county of Lanark, and one of the elders of said parish. The Rev. Mr. James Lapslie, minister of Campsie. James Campbell, writer to the signet. James Denholm, writer in Edinbnrgb. 25 Hugh Bell, brewer there. John Buchanan, baker in Canongate of Edinburgh. Mr. John Mortliland, advocate. William Skirving of Strathruddy, residing in Edinburgh. Lieutenant-Colonel William Dalrymple of Fordell. 30 35 40 10 li 115 anapsie, and and county Id, Campsie :h. /arliale, Col- tsiding there, he county of rgh. 30 Mr. Robert Fonytb, advocate. Richard Fowler, student of medicine, residing in Edinburgh. John Pringle, Esq. Sheriff-depute of the county of Edinburgh. William Scott, Procurator-fiscal of the said county of Edinburgh. Joseph Mack, writer in Edinburgh. 35 Sir James Colquhoun of Luss, Baronet, Sheriff-depute of the shire of Dumbarton. William Honyman, Esq. Sheriff-depute of the shire of Lanark. Harry Davidson, Esq. Sheriff-substitute of the county of Edinburgh. George Williamson, messenger in Edinburgh. Mr. James Carmichael, commander of the Justice hulk, in the service of the Board of Customs. 40 William Ross, Esq. one of the Justices of Peace for the county of Wigton. No. VI. List of Exculpatori/ WUnesses for Mr. MviTi. ''■'. 1 William Riddle, baker in Glasgow. John Hamilton, manufacturer there. David Dale, junior, manufacturer there. Basil Ronald of Broomlone, there. 5 Alexander Park, writer there. George Weddel, manufacturer there. John Russel, merchant in Gallowgate there. John Brock, manufacturer there. John Wilson, shoemaker in Gorbak of Glasgow. 10 John Lockhart, mason there. Walter Hart, heritor in Tradeston, Glasgow. Hugh Moodie, spirit-detder in Glasgow. James Cooper, shoemaker there. John Gray, manufacturer there. 15 Danier M< Arthur, one of the masters of the Grammar-school, Glasgow. James Richardson, senior, merchant there. William Clydesdale, cabinet-maker there. John Tennant, brewer there. George Bell, junior, manu&cturer there. 20 George Stayley, manufacturer there. Robert M'Kinlay, print-cutter in Mr. Fulton's employment, near Paisley. William Orr, junior, manufacturer in Pusley. James Craig, manufacturer there. James Gemmel, merchant there. 25 William Muir, Fisberrow there. Hamilton Ballantyne, Storrie street there. James Muir, weaver. Shuttle street there. John Buchanan, foreman at Kincaid printfield, Campsie. Robert Henric, printer there. nc 30 Patrick Horn, printer there. Smollet M^Lintock, block«catter there. WillUun Henry of Borrowstowo, parith Baldemock. James Mn of the bnt firm, ited npon •11 whom ho may have tddraawMl upon any occasion, that there wm no oth&r mode of accomplishing a Constitutional Reform in the repre- sentation of the people m the House of Commons, hut by the mode of respectful and Constitutional Petitions to that House, for (hat purpose ; and that he did not doubt but the wisdom of that House would listen to the roice of the people, when thus constitutionally presented. And being shown three numbers of a paper, intituled^ The Patriot, the first dated *< Tuesday. April 17, 1702;" the second dated '« Tuesday, June 12 ;" and the third, ** Tuesday, July 10," without mention of the year ; and being interrogated, if he gave these pamphlets to Williann Muir, weaver in Kirkintilloch, and eight other numbers of tHe i u mblicatio/i ? Declares, that he adheres to the principles which he hi&s mentioned in the preceding part of this decla« ration, and declines answering the question. And being shown a book, intituled, « Tlie Works of Thomas Paine, Esq." and interrogated, if he did not give said book to Henry Freeland, weaver in Kirkintil- loch, and Preses of the Reform Society there? Declarec, That he •dherea to his principle, and declines answering the question. And being shown a pamphlet, intituled, " A Declaration of Rights," and an " Address to tlie People ;" and interrogated, Whether or not he gave the aforesaid pamphlet to the said Henry Freeland ? Declares, That he declines answering, upon the aforesaid principle. And being interrogated. Whether or not he gave to the aforesaid Henry Freeland, a book, intituled, " Flower on the French Constitution ?" Declares, That he declines answering the question, upon the aforesaid principle ; and all the before-mentioned books are marked as relative hereto, of this date. And being interrogated, Whether or not the declarant was a member of the Convention which met at Edinburgh, in the month of December last, styling themselves the Convention of the Associated Friends of the People, and produced to that meeting a paper, intituled, *' Address from the Society of United Irishmen in Dublin, to the Society for Reform in Scotland, 2Sd November, 1792," and moved, that the thanks of the meeting should be returned to that Society for stvid Address ? Declares and declines answering the ques- tion, upon the aforesaid principle. All this he declares to be truth. (Signed) Thomas MuiR. John Prinole. »:* No. VIII. Declaration o^Georob Williamson. At Edinburgh, 10th August, 1793. George Williamson, messenger in Edinburgh, declares, That on Friday the 2d of August instant, he received a warrant of the Court of Justiciary, for bringing the person of Mr. Thomas Muir, younger of Huntershill, from the prison of Stranraer to the prison of Edinburgh. In consequence of which he went to Stranraer, and arrived there in the morning of Sunday the 4th instant, when he received the person of the said Thomas Muir ; and he also received from Mr. Kerr, one of the Magistrates of Stranraer, a parcel, scaled. 118 in and intituled, " Papers belonging and found on Mr. Thomai Muir, W. R. J. P." And which paclcet was sealed with the seal of the bnrffh of Stranraer, and also with two seals, which he now hears Mr. Muur declare to be his ; and which parcel he now exhibits, with the seals entire. And the foresaid parcel haTing been opened in presence of the said Sheriff-subatitute, Hugh Warrender, Esq.* Mr. William Scott, Procu- rator-fiscal of the shire of Edinburgh, George Williamson, messenger in Edinburgh, and Joseph Mack, writer, Sheriff-Clerk's Office ; and also in presence of Mr. Thomas Muir, who admitted that this was the parcel containing the articles belonging to him, which were sealed up by the Magistrates of Stranraer, and to which he then affixed his seals, and which he obsenred to be entire, previous to its being opened in his preseniw ; The same was found to contain : — 1. Ten copies of a pamphlet, intituled, " Proceedings of the Society of United Irishmen of Dublin. Dublin, printed by order of the Society, 179S." 8. A printed copy of the trial, at large, of Samuel Bushby, and Judith his wife. 3. Twenty-nine copies of a printed paper, intituled, " United Irishmen of Dublin, 7th June, 1793," being an Address from the Catholic Committee, to their Catholic Countrymen. 4. Five copies of another printed paper, being ** Resolutions of the Society of United Irishmen, held on the 15th of July." ft. Twenty-two copies of a paper, purporting to bb an abstract of the trial of Fnncis Graham, Esq. one of Lis Majesty's Justices of Peace for the county of Dublin, on the 9th July, 1793, before the Hon. Baron Power. 6. A printed copy of an Act to prerent tumultuous risings, &c. of the 27th Geo. III. printed Dublin, 1787. 7. Eighty-four copies of a printed paper, dated, « Rath Coffy, 1st July, 1793 ;" contuning a quotation from Milton, on the liberty of unlicensed printing. 6. Letter, signed J. Muir, dated Glasgow, 2l8t July, 1793, beginning with, Dear Sir, but having no address. 9. Letter, signed Thomas Muir, and addressed to Captain George Towers, of the American ship the Hope, from Balti- more, care of Messrs. Cunningham & Co. merchants, Belfast, and dated Dublin, 27th July, 1793. 10. A Red Turkey pocket-book, containbg : 1. A passport from the Department of Paris, in favour of I Citizen Thomas Muir, dated 23d April, 1793, having upon the back an indorsement, dated 5th May, 1793. 2. Receipt by A. M'Dougal to Mr. Muir, for 900 livres, for ' t his passage in the cabin of the ship from Havre de Grace to the Port of New Ibrk, dated Havre de Grace, 1 6th May, 1793. h^ a ni * Afterwards Crown Agent for Srotlnnd. 119 ARiu Muir, seal of the ' heart Mr. its, with the of the aaid cott, Procn- metsenger Office ; and lat this was were sealed n affixed his eing opened ings of the , printed l>y )ushby, ard Jd, " United iddress from ynien. esolutions of of July." 3 an abstract iB Majesty's be 9th July, I risings, &c. Rath Cofiy, iton, on the Fuly, 1793, to Captain from Balti- nts, Belfast, a favour of 93, having 1793. ) livres, for 'e de Grace irace, 1 6th - (i 3. Certificate that Thomas Muir has been duly elected one of the member's of the Society of United Irishmen of Dablio, dated 11th January, 1703, signed Archibald Hamilton Rowan, Secretary. 4. Sealed letter, directed, " The Rev. Thomas Fische Fklmer, Edmbunrh." The seal, a Cap of Liberty, over a Fleur de Lis, motto, Cb Ira. 6. Ditto, directed, " Norman M'Leod, Esq. M.P. Scotland." 6. Ditto, directed, •< To Mrs. M*Cormick, at Dr. M«Cormick's, St. Andrews, Scotland." 7. Anotherjpassport, of the Department of Calais, in favour of citizen Tnomas Muir, dated 15th January, 1703. 8. Passport of the Commissary of the Section of the Thuilleries, in favour of citizen Thomas Muir, dated 4th May, 1703. ^ 0. Declaration of Residence, dated 3d April, 1703, in favour of Thomas Muir. 10. Letter, signed D. Stewart, dated No. 52, Frith'Street, Soho, London, February 1. 1st. (Addressed) John Hurford Stone, Esq. or Thomas Muir, Esq. Advocate, No. 00, lUais Royal, Paris. 11. Letter, signed James Campbell, dated No. 10, St. Andrew's Square, Edinbui^h, 2(ith Januarv, 1703 : addressed to Thomas ^ Muir, Esq. younger of Hnntershill. 12. Letter, signed D. Stewart, dated 52, Frith>street, January SO : addressed, Thomas Muir, Esq. Advocate, to the care of John Hurford Stone, Esq. Paris. 13. A letter, signed W. Skirving, without date, addressed to Thomas Muir, Esq. younger of Hnntershill. No. iX. Ccjy Certificate of Sonety of United Irishmen lashes of a ch esnut colour, blue eyes, aquiline nose, small month, round chin, high forehead, long and full face. Send him aid and assistance if in >7ant. Executed in the Directory, 23d April, 1 793, second year of the French Republic. Citizen Muir signs this with us administrators, compoaing the Directory of the Department of Paris. (Approved) Signed as above. Seen by us Ministers of Foreign Affairs, Fkris, S9th April, second year of Republic. Signed as above. No. XI. laUer from Mr. Muir to Mr. Campbell, WriUr to the Signet, Edinburgh. Paris, Jan. 23, l?CS. Dear Sir, — I wrote you from Calais and from Paris, and impa- tiently expect your answer. Write me fully about my private afi'airs, but about nothing else. Whenever you or my friends judge it expe- dient or proper, I will immediately return ; but I cannot leave Paris without regret. I am honoured by the notice and friendship of an amiable and distinguished circle; and to a friend of humanity, it •ffiDrds much consolation to find according feelings io a foreign land. lifl •• honune ch«rflux et ina, meQtoD i iMistance, >iigt treizet toyen Muir u Departe- JtH. ILLARO. Prtaid. '•ri«, le 29 P rf B t my bMt wiabci to all Mir friiMi«la» — W Mewn. Johmton, 8kir?iog, Moflmt, Duchanan, he. I entraat you u» find meana to Mod o?«r tht nnmban of the tviro Ediaburgh Newspaper*. The Londoa papers come here but irregularly. One wiahea to know what is going on at home ; but tell my fritMula, it is only through the channel of Newapapera, I can receive i iiat intelligence. Write me under the following corer, Au Citoyen de C'oudik, Hotel de Toulon, No. 1, rue des Foanea du Temple. Communicate this addreaa to all my frienda. Inform them no letter can reach me, if the postage ia not p^id in Edinburgh. I am. Dear Sir, Youra, he. Thomas Muir. P. S. My oomplimenta to Mr. Dick ; entreat him to take the diarge of my tliinga. «AT, Gr. W, Ant year General, the :eed on hia iris, depart- \e, 5 feet 9 blue eyea, )g and full ear of the inistratora, a above, ril, aecond B above. i« Siffn^f 23, J705. ind impa- ite affairs, it expe- ave Paris hip of an lanity, it »gn land. No. XII. Second Letter from Mr. Muir to Mr. Campbell. Dbar Sir, — I have written you frequently : whenever you think it proper I shall return. At the same time, honoured aa I am by the civilitiea and attention of many amiable charactera, it would be with reluctance I could quit Paris for a month or two. About my private busineaa write me, but not a word on any other aubject. Remember me to Johnstone, Sk Irving, Moffat, &c. Tell them no distance of space shall obliterate my recollection of them. Write me punctually, 1 entreat you. Cause them likewise write me. Omit no post. My addreaa is under cover, Au Citoyen Coudile, Hotel de Toulon^ No. 1, rue dea Fosses de Temple. I am, Youra, &c. Thomas Muir. Paris, Jan. t7, 17»S. No. XIII. Letter from Sir Jamrs Md thoae of hia other frienda in Scotland, sent to my care. I delayed from day to day, in the perpetual expectation of seeing Mr. Muir here on his return. It becomes now, however, necessary for me to inform you, that he is not yet come ; and considering the extreme anxiety which he must have felt to return as soon as possible, I think it very probable that this delay ought to be ascribed to the embargo laid on the vessels in the ports of France, which may perhaps have rendered it imposuble for bim, though even at Calais, to make bis passage to England. I 122 think this probability at least sufficiently great to be pleaded for a delay of his trial, and it is to enable you and his friends to make any use of it that you may think fit, that I have now thought it necessary to communicate this state of facts to you. I am, Sir, Yours, &c. James Mur letter, as if it's he, I nr what has en at Phila- i if you are and I will e you mean Richardson, my of New d there are Once he I hope, dear hope some n the Almy and. I sin- ind a happy vant, . Ml7IR. >*> formerly an bottom, us. Please nr of Mr. 1. I America ; ter. You put your ■■•s."-f,.,;f. 87,1793. wn upon •morrow. 0' No. XVI. Letter from W. Skirving to D. Stewart, Esq. No. 52, Frith-street, Sono, London, Secretan/ to the Society of Friends of the Peopk. Edinburgh, Sept. 8, 1793. SfR, — I ought to have wrote you on Saturday, to give your Society the means of contradicting the aspersion, which you will see by the accounts of Mr. Muir's trial, has been thrown upon them. I have not been able to command a settled thought since the alarming issue of that astonishing trial. I never had a higher opinion of any person's integrity, uprightness, and philanthropy; nor is it diminished, but increased. The feelings which I must, therefore, have had, since that event, will plead my excuse with men of feeling. In the evidence which I was called on to give, I stated the reason for his going to London, and that I had received a letter from Mr. Muir, when at London, expluning the cause of his proceeding to Fbris ; which letter I was very sorry that I could not produce, though I had preserved it carefully. Being desired to state, if I could recollect, the reason which Mr. Muir assigned in that letter for his journey to Paris, I said, that it was the opinion of friends, that if Mr. Muir would go to Paris, he might have g^eat influence with many to mitigate the sentence of the French King. These friends were taken for your Society ; and much freedom was used, to reprobate both the Society of the Friends of the People in London, for presuming to send a mis- sionary into another country, and Mr. Muir, for accepting such com- mission. But I declare, upon my honour, that the thought of his being sent by the Society of the Friends of the People in London, never came into my mind. And if I expressed myself so, which it is impos- sible I could do, I expressed a falsehood, and which I am bound in justice to the Society, in this manner to contradict. , Mr. Muir is behaving with astonishing manliness. I am. Sir, your obedient humble servant, W. Skirving. No. XVIL Address to the Public. In the different accounts which have been published of Mr. Muir's trial, mention is made of my having been committed to prison for prevarication, or en attempt to conceal the truth. These accounts, in so far as they regard ine, being defective, I think it incumbent upon U4> ■'4 '.\ii f, « :1 I ; we, in jnstice to myself and my character, to present the public with a candid statement of the whole matter. Being called to the bar of the Court, and having taken the oath to tell the whole truth, and nothing but the truth. I was interrogated, '* Has any person instructed you what you should say ?" I answered, None ; but mentioned that several persons had desired me to tell the truth. I was then asked who had done so ? My answer was, that I did not recollect ; but that no person had given me any particular instructions, what I alluded to having been only the general observa- tion of several persons with whom I had spoken on the subject. I was then questioned, when I had been cited as a witness ; upon which I produced my summons, bearing date the 26th of August. I was again interrogated, if it was after the citation that I had the conversation referred to, and with whom I held these ? To which I replied, that it was both before and after citation ; but, as it was only a kind of general instruction, I could not recollect any particular person. I was then ordered to withdraw ; and, on being again called into Court, was ordered to prison for three weeks. This sentence not a little surprised me, as I was totally at a loss to guess the cause, not having been conscious of any wrong. Indeed the whole error (if it may be so called) was the effect of confusion and mistake, which were natural enough, considering my utter ignorance of law proceedings, and that I never before had been examined as a witness in a Court of Justice. I do not mean to reflect on the Court, but to justify myself from the 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 answered the first question in the negative, (which I was entitled to do, as no person had put words in my mouth,) I would not have had the mortification of being imprisoned. Conscious of the purity of my intentions, I submit my case to the public ; and, leaving it with them to judge with candour, I have only further to observe, that I grieve not so much on account of my con- finement, of the injury it may do me in business, or my reputation, as I am sorry that, from my being rejected, Mr. Muir may be the greater sufferer of the two, as he was prevented from having the benefit of my evidence which would have tended highly to his exculpation of the charges against him John Russel.* Edinburgh Tolbooth, Sept S, 1793. I * The Judges, in rejecting in toto the evidence of this gentleman, acted in defiance of every principle of law and justice. Thev ought to have admitted his evidence, leaving to the Jury to determine its credibility. See afterwards the debate in the House of Commons on this very point. Mr. Russel, we are hnppy to say, suffered nothing in the estimation of the public, in consequence of the treat- ment he met with on ue above oecasion. He died a few years ago in afilu^nt circumstances. 1«5 public with the oath to Interrogated, I answered, |e to tell the was, that I |y particnlar !ral observa- |>ject. I was ion which I I was again onversation iplied, that Y a kind of trson. called into at a loss to Indeed the nfusion and ir ignorance imined as a myself from ich I bad no liat I was to ertns of my e, (which I tb,) I would case to the I have only of my con- lutation, as the greater nefit of my ion of the USSEL.* >n, acted in idmkted his erwwdi the e are hnppy i>f thetrwt- in affluent No. XVIII. ADDRESS yj-otn the SOCIETY of UNITED IRISHMEN in DMin, to the DELEOATES/or promoting a REFORM tn SCOTLAND, which waa brought hy the Crown tu evidence of Sedkion against Mr. Muik, omI- iehieh be read on hie Trial. . We take the Jiberty of addresnng yon, in the spirit of dfic union, in the fellowship of a just and a common cause. We greatly rejoice that the spirit of freedom moves over the face of Scotland ; that light seems to break from the chaos of ber internal government ; and that s country so respectable for her attatDroents in science, in arts, and in arms ; for m«n of literary eminence ; for the intelligence and morality 6( her people, now acts from a conviction of the union between virtue^ letters, and libMty ; and now rises to distinction, not by a calm, cou" tented, secret wish for a reform in Parliament, but hy <^jeniy, acHvdyf and urgently i/eUling it, with the unity and energy of em embodied nation. We rejoice that yon do not consider yourselves as merged and melted down into another country, but that in tins gp-eat national question, you are still — Scotland,— -the land where Bucbanan wrote, and Fletcher spoke, add Wallace fought. Away from us and from our children those puerile aniipatbiea to unworthy of the manhood of nations, which insulate individuals, aa well as countries, and drive the citizen back to the savi^t W« teteem and respect you. We pay merited honour to a nation in- general well educated, and well informed, because we know that the ignorance of the people is the cause and e£Fect of all civil and religious despotism. We honour a nation regular in their lives, and strict in their manners, because we conceive private morality to be the only secure foundation of public policy. We honour a nation eminent fw men of genius, and we trust that they will now exert themselves, not so much in perusing and penning the histories of other countriea, as in making their own a subject for the historian. May we venture to observe to them, that mankind have been too retrospective ; canonized antiquity, and undervalued themselves. Man has reposed on ruins, and rested bis head on some fragments of the temple of liberty, er at most amused himself in proving the measurement of th«> edifice, and nicely limiting its proportioAs ; not reflecting that this temple is truly Catholic, the ample earth its area, and th? arch of heaven its dome. We will lay open to you our hearts. Our cause is your cause.^^ If there is to be a struggle between us, let it be which nation shall be foremost in the race of mind ; let this be the noble animosity kiotUed between us, who shall first attain that free Constitution from whidi both are equi-distant, — who shall first be the saviour of the empire. The sense of both countries with respect to the intolerable abuses of the Constitution has been clearly manifested, and prove that our political situations are not dissimilar ; that our rights and wrongs are the same. Out of 32 counties in Ireland, 29 petitioned for a reform in Parliament ; and out of 56 of the royal burghs of Scotland, 60 petitioned for a reforiii in their internal structure and Government. If we be rightly informed, there is no such thing as popular election 126 in Scotland. The people who ought to posaess that weight in the popular Bcale, which might bind them to the soil, and make them cling to the Constitution, are now aa dust in the balance, blown abroad by the least impulse, and scattered through other countries, merely be- cause they hang so loosely to their own. They have no share in the national Firm, and are aggrieved not only by irregular and illegal exaction of taxes ; by misrule and mismanagement of corporations ; by misconduct of self-elected and irresponsible magistrates ; by waste of public property ; and by want of competent judicatures ; but, in our opinion, most of all, by an inadequate parHamentarff npreKntoHon,-— for we assert, that 45 Commoners and 16 Peers, are a pitiful repre- sentation for two millions and a half of people ; particularly as your Commoners consider themselves not as the representatives of that people, but of the Councils of the Burghs by whom they are elected. Exclusive charters in favour of Boroughs, monopolize the general rights of the people, and that act must be absurd which precludes all other towns from the power of being restored to their ancient freedom. We remember that heritable jurisdictions and feudal privities, though expressly reserved by the Act of Union (20th art.) were set aside by Act of Parliament in 1746, and we think that there is much stronger ground at present, for restorii^ to the mass of the people their alien- ated rights, and to the Constitution its spirit and its in^rity.* Look now we pray you upon Ireland. Long was this unfortunate bland the prey of prejudiced factions and ferocious parties. The rights or rather duties of conquest were dreadfully abused, and the Catholic religion was made the perpetual pretext for subjugating the state by annihilating the citizen, and destroying, net the religious persuasion, but the man ; not property, but the people. It was not till very lately that the part of the nation which is truly colonial, reflected that though their ancestors had been victorious, uiey themselves were now included in the general subjection ; subduing only to be subdued, and trampled upon by Britain as a servile dependency. ■ When therefore the Protestants began to suffer what the Catholics had suffered and were suffering ; when, from serving as the instruments, they were made themselves the objects of foreign domination, then they became conscious they had a country ; and then they felt like Irishmen, — ^they resisted British dominion, renounced colonial subserviency, and fol- lowing the example of a Catholic Parliamect, just a century before, they asserted the exclusive jurisdiction and legislative competency of this island. A sudden light from America shone through our prison. Our volunteers arose. The chains fell from our hands. We followed Grattan, the angel of our deliverance, and in 1782, Ireland ceased to * What an unanswerable argument to the narrow-minded anft-reform paper freeholders of Scotland, viuoare now wasting their lungs by bawling about the inviolability of the Treaty of Union, as if the Treaty of Union was made purposely for them. The conduct of these ninnies reminds us of the conuact of the £arl of Nottingham, who was once, we believe, Lord Chancellor of England, and who, when &at Tre&ty was in agitation, gravely declared, that the changing of the term Ensland to that of Great Britain, would positively subvert all the laws of Eng- land! !! ■ >,:.„T..,^ r ,; ii.1 ^ight in the I tbem cling abroad by I merely be- Bbare in die and illegal orations ; by I by waste of I but, in oar •CTIKmOII,— >itifal repre- rly as your ives of that are elected, the general treclndes all ent freedom. privil^es, ere set aside ach stronger ) their alien» rity.* unfortunate The rights the Catholic the state by I persuasion, II very lately iflected that » were now obdued, and en therefore uffered and, < they were hey became men,— they J, and fol- ury before, npetency of our prison. Ve followed i ceased to raform paper Off about the toe purpiMely f the ^rl of >d, and who, gr of the term iws of £ng> 127 be a province, and became a nation. But, with reason, should we despise and renounce this Revolution, as merely a transient burst through a bad habit; the sudden grasp of necessity in despair, from tyranny in distress, did we not believe that the Revolution is still in train-; that it is less the single and shining act of 82, than a series of national improvements which that act ushers in and announces ; that it is only the ^herald of liberty and glory, of Catholic emancipation, as well as Protestant independence ; that, in short, this Revolution mdi- cates new principles, foreruns new practices, and lays a foundation for advancing the whole people higher in the scale of being, and diflfnsing equal and permanent happiness. British supremacy changed its aspect, but its essence remained the same. First it was force, and on the event of the late Revolution, it became influence ; direct hostility shifted into systematic corruption, silently drawing otf the virtue and vigour of the island, without shock or explosion. Corruption that glides into every place, tempts every person, taints every principle, infects the political mind through all its relations and dependencies ; so regardless of public character as to set the highest honours to sale, and to purchase boroughs with the price of such prostitrtion ; so regardless of public morality, as to legalize the licentiousness of the lowest and most pernicious gambling, and to extract a calamitous revenue from the infatuation and intoxication oi the people. The Protestants of Ireland were now sensible that nothing could counteract this plan of debilitating policy, but a radical r^orm in the House of the People, and that without such reform, the Revolu- tion itself was nominal and delusive.-^— The wheel merely turned round, but it did not move forward, and they were as distant as ever from the goal. They resolved — they convened — they met with arms — they met without them — they petitioned ; — but in vain ; for they were but a portion of the people. They then looked around and beheld their Catholic countrymen. Three million — we repeat it — three miUion taxed without being represented, bound by laws to which they had not given consent, and politically dead in their native land. The apathy of the Catholic mind changed into sympathy, and that begot an energy of sentiment and action. They had eyes, and they read. They had ears, and they listened. They had hearts, and they felt. They said, " Give us our rights, as you value your own. Give us a share of civil and political liberty, tLe elective franchise, and the trial by jury. Treat us as men, and we shall treat you as brothers. Is taxation without representation a grievance to three millions across the Atlantic, and no grievarK«i to three millions at your doors ? Throw down that pale of persecution which still keeps up civil war in Ireland, and make us one people. We shall then stand, supporting and sup- ported, in the assertion of that liberty which is due to all, and which all should unite to attain." It was just— and immediately a principle of adhesion took place for the first time among the inhabitants of Ireland ; — all religious per- suasions found in a political union their common duty and their -^9^ w wi .yjBffy tqtm«l^ff!<**tiWB 13& eommon Mlvation. Jn this Society md its affiliated Societiee, tbe Crtbolic and the Presbyterian are at this instant holding out their hinds and opening their hearts to each other, agreeing in.priBciples, ooncurring in practice.' We unite for immediate, ample, and substantial justice to tbe Catholics, cmd when thai is attmned, a combined eseertitH far a Reform in ParliqmeiU is the condition of oar compact, and tbe seal of onr communion. British supremacy takes vArnm I The haughty monopolists of nn> tional power and common right, who crouch abroad to dominoei' nt homo, now look with more surpriiw and less contempt on this ** beseftted". people. A new artifice is adopted, and that restless domination wbid> at first, ruled as open war, by the length of tbe sword ; then, as eotrert corruption, by the strength of the poison ; now assumes tbe style and title of Protestant Ascendancy ; calls down tbe name of religion from heaven to sow discord on eaitb ; to rule by anarchy ; to keep up dis- trust and antipathy amoi^ parties, among persuasions, among families ; nay to make the passion* of the individuals struggle, like Cain wd Abel, in. the very home of the. heartland to. convert every little paltry neoe»« mty that accident, indolence, or e)|travagaiice bring upon a man, into s pander for tne purchase of his honesty and the murder of his repntatiottv We will not be the dupes of such ignoble artifices. We see this schenae of strapgthening political persecution and state inquisition^ by a fresti infasion of religioua fanaticism ; but we will unite and we witt be Fl-ee. Universal Emancipation with Representative Legislation is the polar principle which gaides our Society, and ehall gmde it through all the tumult of factions and fluctuations of parties. . It is not upon a coalition ef opposition with ministry that we depetd, but upon a coalition of Irishmen with Irishmen, and in that coalition alone we find an object worthy of reform, and at the same time the strength and sinew both to attain and secure it. It is not upon external cir- cumstances, upon the pledge of a man or a minister, we depend, but upon the internal energy of the Irish nation. We will not buyer borrow Fiberty frdm America or from France, but manufacture it our- selves, and work it op with those materials that the hearts of Irishmen furnish them with at home. We do not worship the British, far lew the Irish Constitution, as sent down from heaven, but we consider itt as human workmanship, which man has made, and man can mend. An unalterable Conetiiutiony whatever be itt nature, mutt be detpotitm. It it not the Condituikm, hut the Peopky which ought to be inviolable i and it it lime to reeognite and renovate the rightt of the Snglithf the Scotch, and the Iri^ ManiiiMei- «t bei^tted" tion whUb Mobrert style aod igion from lep Qp diai- ; imnilies ; sad Abel, Itry iiece»^ nao, ioto s reputation^ ^e loe this dsitioiH bjr ad we wiR pslation is it throngb B not upim Dt upon a alone ire B itrength teraal dr- spmnd, bat ' lot bay or ire it oar- P Irishmen b, far lesa wniidep itt an mend. wiolabht fflithf the te bought at which Bsiness of •rernmrat lem com* net by an »mismw t it ought m of the 129 whole people. Let this union extend thronghont the empire. Let all unite for all, or each man suffer for all. In each -«untry let the people assemble in peaceful and Conntitntionnl Conrention. Let delegates from each country digest a plan of reform, best adapted to the situation and circumstances of their respective nptions, and let the I^egislature be petitioned at once, by the nigent and unanimous voice of Scotland, England, and Ireland. You have our ideas. Answer us, and that quickly. This is not a time to procrastinate. Your illustrious Fletcher has said, that the liberties of a people are not to be secured, without passing through great difficulties, and no toil or labour ought to be declined to. pre<* serve a nation from slavery. He spoke well ; and we addj that it is incumbent on every nation who adventures into a conflict for fteedom, to remember it is on the event (however absurdly) depends the estimat tion of the public opinion ; honour and immortality, if fortunate : if otherwise, infamy and oblivion. Let this check the rashness that rushes unadvisedly into the committal of national character, or '" that be already made, let the same consideration impel us all to advance with active, not passive persevorance; with manly confidence and calm determination, smiling with equal scorn at the bluster of official arrogance, and the whisper of private malevolence, until we hava planted the flag of Freedou. on the summit, and are at once victorious and secure. (Sigced) Wm. Drennan, Chaimuutm Archd. HAf iLToit! Rowan, Secjf. No. XIX. (Abridged from the Morning Chromck and Scots Magazine, 1794.> BRITISH PARUAMENT. HOUSE OF LORDS, JANUARY 31, 1794. Trials of Mr. Mmr and Mr. Palmer. Earl Stanhofb rose and said, that their Lordships would admit that no part of their duty was more importact than that of watching the proceedings of the Courts below. The due administration of jus- iiice was one of the most essential rights of the people, and every right uf the people created a correspondent duty in them. The case upon which be was to call their Lordships' attention was one of the strong^ that ever occurred, if not the very strongest. Perhaps he should be asked if there were any precedents for t^e measure he was about to propose ; though he did not hold himself bound to find precedents, and though he thought it the duty of the House to make a precedent where justice 08ition so constantly leads him, for the clear ascertainment of the egality of the sentences in question, that though no petition had been presented by the parties, an inquiry had been made ; and he would take upon himself to say,, that when this paper should be laid before their Lordships, they would see that no puns had been spared to determine whethei: any circumstances had occurred either of irregu- larity in the trials^ or of illegality in the sentence. It was not neces<- aary for him to rolnnteer the production of this paper, but if ever their Lordships should think proper to entertain an inquiry into the case, rfae would pledge himself that they should find the conduct of the Judges of Scotland had been such as their Lordships would always desire to find in men intrusted with functions so important. He avoided any more ^^-nding and extravagant ternu of praise, because )ie wished not to enter into eulogiums that might be thought over- strained. The Noble Earl had referred to resolutions of that House as a ground for arraigning the proceedings on the trials. The jcotch Judges neither could know officially, nor be guided by any reso intions of that House ; they could act only by the practice of their own Court. The Lord Advocate had a right to prove fiwts collateral with 183 ilict of the net of the ion of the n ahori, if ■entence, ■iiiging the ance of an ty to post' erUin than lize, not a ht into that rised by his estion, any the ease uld be the retracting What was who stood limself be- hip of his OS exercise upon whom so humble -it was be- ild present my petition such thing. iy of those a own dis- tent of the n had been 1 he would laid before spared to of irregn« not neces^ F ever their D the case, act of the aid always tant. He B, because ight orer- tnse as a le jcotch eso lutions ;heiF own iteral with the main fact, though not specially stated in the indictment. In the same way with respect to the challenges, nothing could be more absurd than- the grounds on which they were made. To challenge jurors because they had entered into associations, was in fact to challenge all that was respectable in the country, for almost every man of rank or r<>spect, had at that time associated for the purpose of supporting the Constitution. In short, all the objections which bad been made on these trials properly over>niled, were something in the nature of the speech of that man, who, being put on his triid, said be would swear the peace against the judge, for he bad a design upon his life« Earl Stanhope said, that he had not be^rd the only thing that could induce him upon any occasion to withdraw a motion — an argu- ment. The Noble and Learned Lord on the Woolsack confessed, that there might be a mis>trial, and that in case of a mis-trial there was a legal remedy. And what was the legal remedy ? That a per- son unjustly condemned must humble himself before the throne. And this is the boasted justice of England I He trusted that no man would be base enough, who felt conscious innocence, to humble himself; nor was it very becoming the dignity either of national justice, or even of royal prerogative, to expect of an injured man such submission. He had done however good by his motion, for be had drawn from the Noble and Learned Lord on the Woolsack a declaration; that, on the question being reptcsented in the shape of a petition, the remedy would be obtained. (The Lord Chancellor in an under voice, signified his dissent from this statement ot his words.) The Noble Lord then means to say, that there will be no remedy ; he advises a petition, but declares at the same time that a petition is to be of no avail. My Lords, I pereist in my motion, and I shall divide the House if I stand alone ; I do not care with how many or with how few I divide, but I will never give up the principle, that it is better to prevent an evil, than afterwards to repent of it. The question was then put en the motion for the Addrese on the case of Mr. Muir, and aa Eari Stanhope persisted in taking their sense by a vote, they divided. Content, . « .1 Not Contents, . . 49 • The other motions were then put and negatived. ^ PROTEST. Die Veneris, 3l8t Jan. Il94i, The Order of tli*3 Day being read for the Lords to be summoned, It was moved, 1 hat the several Entries in the Journal of the 8th, 10th, and 13th of June, 1689, relative to the bill intitled, <' An Ac^ for reversing the attainder of Henry Cornish, Esq. late Alderman of the City of London," be now read. The same were accordingly read by the Clerk. Then it was moved, T!. it an humble address be presented to his Majesty, humbly to represent to his Majesty, that this House has been informed that Thomas Muir, Esq. who was tiied before the High i 191 Court of Juiticwry at Eilinbargb, in the month of Aagtnt iMt, npon • charge of seilUion, hM been condemned and sentenced to be trant- ported beyond seas for the upaee of fonrteen years ; and further to represent to his Majesty, that this House intends to proceed without delay to examine the circumstances of such condemnation and of such sentence ; and therefore humbly to beseech his Majesty, that the said Thomas Mnif, Esq. may not be transported beyond seas, until this House shall nave had sufficient time to make such examination. Which being objected to, after debate, The question being put thereupon, it was resolved in the negative. Tellers, •{I Stanliope, Suir. Content, 1 Not Contents, 49 Whereupon the following protest wan entered on the Journals by Earl Stanhope. Dissentient. 1st, Because the attending to the due administration of justice, and the watching over the conduct of the various Courts in this kingdom, is one of the most important branches of the business of this House, and is at all times also one of its most essential duties. 2d|y. Because it obviously appears to be proper to examine into the justice and legality of a sentence, before it is executed, and not to permit it to be executed first, and then to examine into its justice and legality afterwards. Sdly. Because, for want of such timely interference on the part of thi House, it has formerly happened, that, within a short time, no less than four unjust and illegal judgments were actually carrieii into execution, as appears from the respective attainders of the innocent aufferers having been afterwards reversed and made void (when it was too late) by four Acts of Parliament, made and passed in the first year of the reign of their late Majesties King William and Queen Mary, namely, in the cases of Alderman Cornish, Alice Lisle, Algernon Sidney, and Lord Russell. 4thly. Because it is contrary to the first and immutable principles of natural justice, that any thing to the prejudice of a defendant should be brought before a jury in a criminal prosecution, that is <* only col- lateral, not in issue, nor necessary in the conclusion." 5thly. Because it is not (nor (>4gbt to be) competent for the Pro- aecutor to produce any evrnieM-* to nupport any matter that is not charged in the indictment ; t^i^t is to say, distinctly and precisely charged, and not by mere •*{Httiets oi general words, such as oppres- sion, sedition, vexation, or tb« like. 6thly. Because in itke manarer it is not (nor ought to be) .competent for a Prosecutor to prwduce a^ evtdence to prove any crime to have been committed by a defeui-Hiu, in any other particular than that wherein it is, in the indictmem. expressly charged to have been com- mitted. 7thly. Because r«io such proceedings as those above stated, nor any of them, can ^ j' ywLjd uiidei pretence, the' " if it had been necessary to specify in ttoe ^wiictment ali the. facts a^j^nst the ; defendant, thit ^Mt, apon be tnuit- further to withiNit id of Much It the Mid nntil this jtion. negative. ■rnalt by liniatration I Courts in e busioess tial duties, imtne into and not to justice and the part of time, no nrrieil into e innocent ^hen it was 16 first year een Mary, Algernon principles lant should • only col- r the Pro- bat is not precisely BS oppres- :ompetent le to have than that een com- , nor any necessary (lant, thifc 135 indictment would have covered, by its magnitude, the walls of the Court." And, Stilly. Uecause in one year of thu trial of Warren Hastings, Esq. namely in the year 1790, there were no less than four decisions of the House of Lords upon this subject, vis. on the twenty^fifth day of February, when the Lords resolved. That the M aniigm for the Commont be not Bdmiltcd to |iva avidenoa of the untitneM of Kelleram fur the apmiintinent tif being a renter of oartain ianda iu the province of Bahar ; the fact of luch unfltueaa of the laid Kelluram not being charged in the impeachment. And again on the 4th day of May, when the Lords decided, That It ta not citmpetent to the Managera for the Commona to put the following queation to the witneaa upon the Seventh Article of Charge, via. :— Whether more oppreaaiona did actually exiat under the new inatitution than under the old ? And again on the 18th day of May, when the House of Lords k'esolved, That it la not oompetent to the Managera for the Commooa to giva evidence of the enormitiea actually committed by Deby Sing ; the aame not being char{ ed iu the Impeachment. And again on the 2d day of June, when the Lords resolved, That it ia not competent for the Managera, on the part of the Commona, to give any evidence upon the Seventh Article of the Impeachment, to prove that the letter of the 6th of May, 1781, ia falae, in any other particular than that wherein it ia expreaaly charged to be fulae. The said divisions of the House of Lords are founded upon princi- ples not peculiar to trials by impeachment. They are founded upon common sense, and on the immutable principles of justice. In Scot- land those principles are peculiarly necessary to be adhered to, inas- much as by the laws of that part of the united kingdom, a defendant is obliged to produce a complete list of all his witnesses in exculpa- tion, the day before the trial. Th%\ aluut; appears to me a considera- ble hardship. But if, after sik ii hnt is actually delivered in by the defeiiilaiit, any facts (or supiHWMrd facts) not particularly set forth as crimes in the indictment, «wy> on the following day, for the first time, and without notic«^ he »appuri«d or unsupported by any old Scotch Stat' « passed in arbitrary times) ought, I conceive, to be revised. For, in a free country, there ought not to be one mode of administer- ing justice to one man, uamely, to Mr. Hastings, and an opposite mode of adnuwstering justice to another man, namely, to Mr. Muir. Stanhope. HOUSE OF COMMONS. . Februanj 2ith, 1794. f Abridged from the Scots Magazine and Morning Chronicle of 1794.^ Mr. Sheridan presented a petition from the Rev. Mr. Fische Palmer, who had been tried and convicted of sedition at Perth, cpm- 136 plaining of the sentence of transportation for seven years, which bad been pronounced against him. An interesting discussion took place on this petition, in the course of which Mr. Adam (now the venerable Lord Chief Commissioner of the Jury Court in Scotland) rose and stated, that, on Thursday next, he would feel it his duty to bring under the consideration of the House the proceedings of the High Court of Justiciary in Scotland, in refer- ence to the case of Thomas IVf uir the younger of Huntershill. Mr. Fox stated, that he considered the sentence of Messrs. Muir and Palmer as illegal and abhorrent of the principles of justice. Mr. Sheridan said, it was very confidentially reported, that although sentence was passed, yet there was good reason for believing that a sentence so abhorrent to the very spirit of our law, a sentence which no man in the House would dare to vindicate if applied to a similar offence in England — would not be carried into execution. That lending a book (which was the case of Mr. Muir) should subject a man to transportation like a felon for fourteen years, loould be enough to raise the peopk of this country in arms. If Ministers attemp^.ed to make the law of Scotland the law of England, (but they dared not,) they would find it a sufficient crime to forfeit their heads. *< They charge us," said Mr. Sheridan, *< with making a party question of this, when we ought to have applied to the fountain of mercy." I know what mercy was shewn them before we made any question on the subject. I speak with some information; I have seen those tanfortunate victims — I have visited them in those loathsome hulks, where they were confined among common felons, not indeed with irons upon them, but with irons recently taken off, separated from each other, deprived of the comfort of conversing, and that on a pre- tence that there was danger of sedition in this society — that two imprisoned men could create an insurrection. — *< 1 saw these gentle- men, and 1 boast of it ; for whatever may be the feelings of some, I shall always be proud to countenance whomsoever I conceive to be suffering under oppression." ■ ■■^■ March IQtk, nU. Mr. Adam began at five o'clock a speech of three houra and a half, which displayed great extent of historical and legal information. He set out with a very fine appeal to the House on the importance, interest, and gravity of the question which he was about to bring before them. He rose, he said, to offer to the House a proposition on ft subjieet which had already undergone much discussion: — to review the decision of the 31st of August last in the Supreme Court of Justiciary in Scotland against Thomas Muir ; and the trial of the Circuit Court of Justiciary, which was also a supreme Court, against Thomas Fysche Palmer. From these Supreme Courts there lay no appeal, and therefore it became necessary for that House to enter into the review. He felt great confidence, as well as great anxiety, upon the present occasion— confidence in the cause which, from its gravity, importance, and interest, he was sure would engage them to h had been ice on this ler of the y next, he the House in refer- II. ssrs. Muir ice. >rted, that believing a sentence >plied to a execution, uld subject / be enough attempted they dared leir beads, ty question nercy." I luestion on seen those ome hulks, adeed with rated from It on a pre- — that two lese gentle- of some, I cdive to be )urs and a iformation. mportance, t to bring proposition ssion : — to eme Court rial of the irt, against >re lay no e to enter It anxiety, b, from its } them to 137 indulge him with the most patient attention ; and yet he felt great anxiety at the idea of having to discuss, in a popular assembly, a question that ought to be tried in a Court of Appeal. That resort was denied. He was driven to the necessity of agitating it in that place, where, however, he had comfort in seeing around him so many persons of. great talents in every way — men of great legal talents without legal practice, as well as men at the head of the profession ; and who were Doctri utriutque legis. He referred to the Right Honourable Gentleman opposite to him, who had successively filled the offices of Solicitor>General and Lord Advocate (Mr. Dundas) as well as to the present Lord Advocate, who had so material a share in the present proceedings. He had great confidence therefore, that the discussion of the question would be made in that House with the effect to be expected from men accustomed to form decisions on subjects of jurisprudence, and experienced in the clear, pure adminis- tration of the law of the land. He should enter into the discussion with all the coolness, temper, and gravity, which would be used in a Court of Law, as if he were ai^uing it on a writ of error, and plead- ing for a new trial. He was sensible of its importance, of its extent, and of its difficulty ; but he would not attempt, as Lord Bacon saidj *' to use a number of words to find talk or discourse ; to raise diffi- culties ; to contradict and confute, but to weigh and conrider" the case with candour and with gravity. He would endeavour to avoid all technical discussions, of which a great legal character had truly said, <* That forms of law were the tenses of justice." He should avoid as much as possible every thing that was merely technical, though it was obvious that the whole merits of the question must, in a g^at measure, depend on the forms and proceedings in the criminal courts and of the law of Scotland ; and by these the legality or the illegality of the proceedings must be determined. His proposition was, that there should be liid before the House certain parts of the Records in these two trials; be said parts of the Records, that. he might the better point out the particulars to which he meant to draw their attention; These parts were, the indictment, the plea, the verdict, and the sentence. There were some things also which related to Mr; Muir particularly^ which he desired to have before the House; they were the order of com* mitment of two witnesses, William Muir and John Hdpell, as well as the objection that was made to the Jurors, which was over-ruled; These were the subjects of his intended motions: but he did not mean to rest here ; though this would be the question immediately before the House, he meant undoubtedly to go farther ; he meant from these records to question the legality of the sentence, and upon that doubt, as no appeal could lie from this questionable conviction, he proposed to move for a most respectful Address to his Majesty, in favour of these unfortunate men. He assured the House that in pursuing this course, he would make the Address as respectful as it was in his power to do. It was the duty of every individual and of every body of men, who addressed the throne with a petition for the exercise of the prerogative of mercy, to approach his Majesty with the most 138 respectful language; as it ought to be the care of all men to preserve that loyal obedience to Majesty, which, as Judge Blackstone well said, the Constitution had ascertained to the King. He would use that eminent Lwyer's own words : it had been the care of their ancestors, *< Not to make the Monarch appear in any of the invidious parts of the Constitution ; but in those works in which the nation only see him engaged personally ; works of legislature, magnificence, antl mercy." By the course which he proposed to himself then, he maintained the truest reverence for the throne ; since he moved only for the exercise of his most shining prerogative ; and though he questioned the legality of the sentence, and the soundness of the discretion, yet his Address to the throne should be most respectful. This was the nature of his proceeding, and in the discussion of the subject, he thought himself bound to maintain the following propositions : Fir^, That the crimes set forth in the indictments against Thomas Muir and Thomas F. Palmer, are what the law of Scotland calls leasing-makinff, that is, uttering words or publishing matter, tending to breed discord between the King and his people. This is properly a misdemeanour in the nature of a public libel, tending to affect the state, or disturb the government, and these indictments charge no other crime whatever. Second, That the punishment of transportation, cannot, by the law of Scotland, be legally inflicted for the crime of leasing-making. The Act of Queen Anne, 1703, c. iv. having appropriated to that crime the punishment of fine, imprisonment, and banishment only, and that the annexing the pain of death to the return from such transportation, was an aggravation not warranted by law. The punishment of death being expressly taken away by that statute, and no statute having passed since that time, which varies or alters that law ; and Third, That if the acts charged in the indictments do not con- stitute the crime of ktmng-making, or public libel, the indictments charge no crime known to the law of Scotland ; 1st, because there is no such crime known to the law of Scotland at common law, as real sedition constituting a distinct and separate offence ; 2d, because if there is such a crime, these indictments do not state it; 3d, because, if there were such separate and distinct offence in Scotland at common law, it wonlU be contrary to law to punish that offence by transporta- tion, and not warranted by law to inflict the pain of death for return- ing from such transportation. These were the propositions which he thought it incumbent upon him to lay down and to maintain. At the same time he conceived, that if he made out the first, he made out his whole case, since that would comprehend the illegality. An indict- ment in Scotland is laid in the form of a syllogism ; its major contains the corpus dilecti, of which the minor states the facts, and the conclu- sion is, that the major should be proved by these facts. The indict- ment of Thoma<> Muir states in the major, that advising and exhorting persons to purchase and peruse seditious and wicked publications, and to distribute and circulate them, &c. &c. are crimes of a heinous nature; and the facts stated in the minor are, that be did make ! 139 preaerve well said, use that ancestors, parts of y see him mercy." »ined the exercise le legality 8 Address ure of his It himself St Thomas land calls iT, tending is properly affect the ;e no other by the law king. The that crime y, and that ispoitation, nt of death ate having 1 not con- indictments lae there is iw, as real , because if 1, because, at common transporta- for retnrn- s which he in. At the lade out his An indict- or contains the couclu- rhe iudict- [1 exhorting :ation8, and ' a heinous did make speeches in certain societies and meetings, and did advise persons to buy. and read Paioe's Rights of Man, and did circulate the same. It appears, t'a n, that the major of this proposition holds out no other crime than that of leasing-makinff ; and all the facts stated in tlie minor proposition of his indictment, aggravated as they are by the terms of the major, go no farther than the crime of leasing-making. He said he held in his hand one of three trials of Thomas Muir, that had been printed in Edinburgh, the one printed for William Creech, because it was evidently written against the prisoner. If there should be any objections to the quotations which he made from that pamphlet, he gave notice to the House that he held in his band official copies of the record, with which he had been furnished from Scotland, and to which he should be ready to refer. He said, that by the best autho- rities on the law of Scotland, there was no such thing as the sort of sedition which the indictment here affected to hold out. The law of Scotland understood from all the facts mentioned in this indictment no other crime than that of leasing-making. Sir George Mackenzie, who wrote towards the latter end of the last century, who was so closely connected with the Duke of Lauderdale, and the apologist for all his mal'adrt'nJstration, was an authority that the House would not be disposed tc . e, inasmuch as it would not be conceived that he would g. <' r, most favourable interpretation of the law in favour of the liberty of the subject. What does he say on the point? That, a commotion of the people tending to disturb the Government was treason, but if a commotion was excited upon any private account it was in Scotland called, a convocation of the lieges. Sedition was never laid as a crimen per se, but as it was connected with other crimes of which it was an aggravation. The sedUio regni was punishable as treason, and was always so laid in the indictment, and the relevancy of the crime to infer the punishment of treason was always first found by the Court. Here then was an authority which came home directly to the matter in issue, in support of his assertion, that the crime charged upon Muir and Palmer was no other than that described by the Act of Queen Anne to be leasing-making. No convocating of the people without arms, and without an overt-act of rebellion, was treason, and they knew of no other sort of sedition in the whole history of the law of Scotland. To be present at meetings, says Sir George Mackenzie, was not relevant to infer the punishment of treason, even though the meetings might be of a tumultuous nature. There could be in short no real sedition without actual rebellion, and every thing short of this real sedition was by the Act of Queen Anne defined to be leasing-making, and restricted to an arbitrary punishment. The punishment ordained by that law brought him to his second propo- sition : it was confined, as he had said, to three kinds, fine, imprisonment, and banishment ; and banishment certainly did not mean transportation to a particular spot. A short history of the Act of Queen Anne would give them a master-key to unlock the mystery of all this pro- ceeding, which he called questionable legality and unsound discretion. — It was an act founded on the Claim of Right, which was the Charter 140 of tfae people of Scotland, and correnpondent to the Bill of Rights in England, and therefore it on^t to be construed liberally in favour of the people; it was a penal statute, and ought not therefore to be in- terpreted strictly as to the letter. There was a great advantage in knowing the history of all Act, as the means of expounding its inten- tion ; and it v a curioUs fact, that the Claim of Right, from which this law was derived, contained this important clause ; that tl. e * catidng to pursue and forfeit persons, upon stretches of old and obsolete laws, upon frivoloud and weak pretences, upon lame and defective probations, as particularly the late Eari of Argyle, are contrary to law.' If Eng- land could boast her Russel and her Sidney, Scotland also could boast her Argyle and her Salton. The Earl of Argyle was indicted for high treason and leasing'tnahingf on account of his conscientious explanation of his subscription to an unconscientious list. The history of his case was not unknown to Gentlemen, Hume says of it, * It ift needless to enter into particulars, where the iniquity is so apparetit : though the ^word of justice was displayed, even her semblance was not put on, and the forms alone of law were preserv*!, in order to sanctify or rather aggravate the oppression.' The horror excited by this case induced the people of Sc6tten true under- ly shews the crime, but it ain of death, bese punish- thc subject, sned since to Whether the tiymous. In he should bd ' the Scottish lie highest of dea that the . Let it be iinient, and if and by sound •anished front hu always been considered u a severe and heavy sentence. But to be transported beyond leas to a particular spot—to be imprisoned in a distant and desolate land—- to be doomed to the most despotic discit pline and servitude, was such an i>;;grayation of the punishment as did demand clear authority for its justification. The distinction between banishment and transportation was clearly known in all countries ; it was known to the Roman law ; it is known to the English law ; and, in Scotland, it was of necessity clearly and perfectly understood and acted upon. Banishment was inflicted, but not transportation. Why ? Becuiise banishment was practicable, but transportation was not. Every condemnation must suppose a competent jurisdiction. Now Scotland had no colonies to which it could transport ; it bad no juris- diction abroad, and it therefore could not inflict that species of punish* ment. '* With us," says Sir George Mackenzie, " no judge can confine a man whom he banisbeth to any place without bis jurisdiction, because he hath no jurisdiction over other countries, and so cannot maie acts, nor pronounce any sentence relative to them." This was not merely the opinion of the great law authorities of Scotland ; it lias also been found by decisions of the Court. There was a memorable case before a Scotch Sheriff, where he pronounced the sentence of trans- portation. The case was appealed to the Court of Session, and they decided that he had not the power of puuishing by transportation, as he had no power out of his own shire. They, however, approved of the conviction, and they banished the man forth of Scotland, with certifica- tion, that, on his return, he should be punished with transportation ; thus declaring their own sense of the difference between banishment and transportation.. Nothing could be more glaring than this fact; for they thus, in the face of all the world, had decided the general dis. tinction between the one and the other. The whole series of the statutes of Scotland served to confirm this interpretation. The law of 1609, which punished libels with banishment, was the only law on the subject before the act of 170^ ; and as Scotland had no colonies until the settlement of Darien, it was clearly understood that it was simple banishment only, and not transportation. It was certainly true, that there were many instances of transportation or of banishment tu the West Indies, but ibey were all statutary ; and they were all passed upon crimes that A/ere capital. Wherever the words were added, an