IMAGE EVALUATION TEST TARGET (MT-3) 4 // ^/ .-y'A^ ^t 2l 7x t 1.0 I.I 1^ |2.8 12.5 itt 1^ 112.2 I »- m 1.8 1.25 iU 111.6 - 6" V <^ PhotDgrapbc Sciences Corporation 73 WEST MAIN STREHT WEBSTER, N.Y. 14580 (716) 877-4503 CIHM/ICMH Microfiche Series. CIHM/ICIVIH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques • ^ _^_^_ ;^ ^IV '^'>.- ■'J i Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has altompted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. n Coloured covers/ Couverture de couleur Covers damaged/ Couverture endommagee □ Covers restored and/or laminated/ Couverture restauree et/ou pelliculee j2 Cover title missing/ Le titre de couverture manque Coloured maps/ 1 I Cartes geographiques en couleur □ Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) □ Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur D D D Bound with other material/ Relie avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ Lareliure serree peut causer de I'ombre ou de la distortion le long de la marge int6rieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajout^es lors d'une restauration apparaissent dans le texte, mais, lorsque cela 6tait possible, ces pages n'ont pas 6t6 filmees. L'Institut a microfilme le meilleur exemplaire qu'il lui a ete possible de se procurer. Les details de cet exemplaire qui sont peut-etre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la m6thode normale de filmage sont indiques ci-dessous. □ Coloured pages/ Pages de couleur □ Pages damaged/ Pages endommagees □ Pages restored and/or laminated/ Pages restaurees et/ou pelliculees ^ Pages discoloured, stained or foxed/ Pages decolor6es, tachet6es ou piquees I 1 Pages detached/ D Pages detachees Showthrough/ Transparence □ Quality of print varies/ Quality inegale de I'impression □ Includes supplementary material/ Comprend du materiel supplementaire □ Only edition available/ Seule D Edition disponible Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible Image/ Les pages totalement ou partiellement* obscurcies par un feuillet d'errata, une pelure. etc.. ont et6 film6es d nouveau de facon d obtenir la meilleure image possible. D Additional comments:/ Commentaires supplementaires; This item Is filmed at the reduction ratio checked below/ Ce document est film6 au taux de reduction indiqu6 ci-dessous. 10X 14X 18X 22X 26X 30X id *— ' ' 19Y 16X 20X 24X 28X aax ■"Vej;^.,, ej«,j«a^*i»w ire jetails es du modifier er une filmage The copy filmed here has been reproduced thanks to the generosity of: ^ ' Library of Congress "" Photoduplication Service The images appearing here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. L'exemplaire film6 fut reproduit grdce d la g6n6rosit6 de: Library of Congress Photoduplication Service Les images suivantes ont 6t6 reproduites avec le plus grand soin, compte tenu de la condition et de la nettet^ de l'exemplaire filmd, et en conformity avec les conditions du contrat de filmage. ees Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. ire The last recorded frame on each microfiche shall contain the symbol ^^ (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les exemplaires originaux dont la couverture en papier est imprimde sont filmds en commenqant par le premier plat et en terminant soit par la dernidre page qui comporte une empreinte d'impression ou d'illustration, soit par le second plat, selon le cas. Tous les autres exemplaires originaux sont filmds en commenpant par la premidre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole — ► signifie "A SUIVRE ", le symbole V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent dtre film6s d des taux de reduction diffdrents. Lorsque le document est trop grand pour dtre reproduit en un seul clich6, il est film6 d partir de Tangle sup6rieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images ndcessaire. Les diagrammes suivants illustrent la mdthode. by errata led to jne pelure, aeon ^ 1 2 3 4 5 6 32X 5WSi^«atWSieii '«'i*--i:;^mim:-«iM»iiim:>:.fAiiiimi-^^-'iA THE LIFE or THOMAS MUIR, ESQ. ADVOCATE, YOUNGKB OP HUNTERSHILL, NEAB GLASGOW, ONE OF THE CELEBRATED REFORMERS OF 1792-93. WHO WAS ^ TRIED FOR SEDITION BEFOHE TUB HIGH COURT OF JUSTICIARY IN SCOTLAND. AND BENTENCBD TO TRANSPORTATION FOR FOURTEEN YEARS. WITH I A FULL REPORT OF HIS TRIAL. vt PETER MACKENZIE. ■.i 1 -%•. 1 GLASGOW: MUIR. GOWANS. & CO. ARGYLL STREET; AND WM. TAIT, EDINBURGH. 1837. V i »■■' 2? v.. L. i % '4 A-J -^ ^^ (^ LIFE OF THOMAS MUIR, ESQ. Mr. Thomas Mum, Advocate, younger of Huntershill, was boni in the High-street of Glasgow, on the 24th of August, 1765. His parents were of humble, but respectable station. They first kept a small shop in that street, from which, and by tlieir own frugal conduct, they realized a considerable deal of money, and purchased the estate and mansion-house of Hun- tershill, in the purisli of Cadder, a few miles to the north of the city. They seem to have resolved to give this, their only son, a superior education ; for we find they first placed him under the able tuition of the late Mr. Daniel M'Arthur, one of the masters of the Grammar School; and on the lOth Oct. 1775, when little more than ten years of age,he was entered as a student in the University of Glasgow. After being some years at college, a quarrel arose amongsome of the Professors themselves, in conse- quence of the principles then maintained by one of their number, viz. the late Mr. John Anderson, Professor of Natural Philoso- phy. That excellent and eminent man, to whom the citizens of Glasgow, and the friends of science throughout the world, are so murh indebted for the noble institution bearing his name, which at his own expense he afterwards founded,* was suspended or ex- pelled from his office as a member of the Jurisdictio Ordinaria,hy the majority of his colleagues, the Professors of those days, be- cause his liberal principles were too far in advance for them, and because he ventured to suggest some salutary reform about the college itself. This conduct of the Professors against Mr. An- derson, attracted the keen and immediate attention of the stu- dents. From his transcendent abilities, engaging manners, and venerable age, they were all warmly and devotedly attached to him. Unawed by the other Professors, they assembled in hun- dreds in the college gardens. Young Muir became their leader. He harangued them, in eloquent and impassioned terms, in fa- vour of Mr. Anderson — in favour of the principles and line of conduct he had espoused, and resolutions to that effect were unanimously adopted by the students. At that period the Right Hon. Edmund Burke was Lord Rector of the Universitj'. A copy of the resolutions was transmitted to that celebrated man by young Muir, with a request that he would exert his high * The Andersonian Institution, Glasgow, was, by the munificent gift of Profewor John Anderson, originally founded in the year 1796; and is now probably one>of the best establishments in Europe for acquiring a knowledge of the arts and sciences. A 2 IV 1,1 rr, OF u.fliuM.ce in iTitlUUfr Mr. Anderson resiorca to tlie privilege pel- ain g to his situation, of whirl, he l.ad been deprivc-cl, as a - rendv stated, by ti.e other Professors. But Mr. Burke c-itiiei ]Zl^Z ;p,^ication with indiflerence or out of d.hcacy o the maiority of the Professors, dechned to in eriere. h i tated ItthlsireatJnent, or reception of their '"-f 't--',/'- f ''j ;;;fj^; still led by Thomas Muir. determined to teach Mi. UurKt in sel^ that high as he was. and at that period he enjoyed the "nuteo being: without exception, the mo.l powerhd man n SLmJnt, hc^'was nevertheless amenable to }»-- »o;^^- -- duct as their representative, in the situation of Loid Uettoi, to tliich he'had b'een elected by their ^-e sum^ges ; and ke^p- i„,r this true representative principle in view, ioi wl^ich, t w l heen, Thomas Muir afterwards struggled and died, the stu- ent? silled no longer to support Mr. Burke, but to eject hnn Von the office of Lord Rector at the next annual «lect on.-- 'Cv ace, din.dy looked out for a Rector who, while he adopted the nrSles of Iheir favourite Professor, Mr. Anderson, would, t lev h pe , at the sametime more faithfully respond to those aSat in in favour of civil and religious liberty which we e Jhen Sly cherished by them. They had the good lor une to find h'm^in the person of the late Robert Graham, Lsq. ol Ga t- rreLgenuineWhig,andoneofthefirstcommonersmScotland. He sat fn Parliament for the county of Stirling, and was one ot the personal friends of the illustrious Charles James Fox. Accor- dinSvTn the session of 1785, the students of the University of Scow t iumphantly elected Mr. Graham as their Lord Rec- tor i^n Uilpire of iSr. Burke. Gratified at this result: ad- m dnc the Soble spirit then manifested by the students, and to rncoma''e bem to pursue an emulous and patriotic course for the fuu?e, their new Lord Rector mortgaged a ^^ndsome s»nn of money with the Professors, and enjoined them, by his record- ed d°ed in the college books, "to lay out the interes of it, n all time coning, to purchase a gold medal, of the value of at kas five pounds steVling, to be presented annual y to the stu- den who should write the best discourse on Poetical Liberty. Solnx^us does Lord Rector Graham appear to have been about U that he directed that the gold medal should have en^ aved xipon it the figure of Liberty presenting a w eath of TauieL with this motto: - Lihertate e^tixcta nfavtrtu, but fo theTast twenty years we cannot say that the honoura- We iWesso? have faitlfuUy beMowed this prize m the way Mr. Graham intended. It is, however, worthy of remark tha from the year 1785 down almost to the present date, the stu- trom tne yet j. Glasgow have taken care, with tew SliLs to pre^^^^^^^^^^^ Lor§ Rector the most distinguished Advocates in t?.e land, known for their devotion to the cause of liberty We need onl v mention in this short but splendid array 1 rilege pt'f- vi'il, ns al- ike fitlier jt'licacy to Irritated e students, VIr. Burke iiijoyed the fid mail ill 'or his con- I Rector, to and keep- lich, it will ed, the stu- to eject him election. — > he adopted rson, woidd, nd to those which were d fortune to !^sq. ofGart- i in Scotland, d was one of Fox. Accor- University of ir Lord Rec- s result: ad- Jents, and to ic course for indsome sum )y his record- erest of it, in le value of at y to the sto- ical Liberty." to have been should have ting a wreath nulla virtus f the honoura- ie in the way f remark, that date, the stu- ;are, with few t distinguished to the cause of splendid array THOMAS Muin. ^ the living names of the Marquis of Lansdown, Francis Jelfrey, Lord Brougham, Henry Cockburn, and Thomas Cam})l)ell. Probably party feeling was never carried to such a height in the College of Glasgow as at the period we have been speaking about. Mortified at the election of Mr. Graham, which was u complete triumph to Mr. Anderson, the majority of Professors determined to wreak their vengeance on some of tlu> students who had made liiemselves conspicuous in it. More recently, an attempt was insidiously made to strip the students altogether of the right of voting for the Rector, and to confine it to the Professors themselves ; but the attempt was properly and suc- cessfully resisted. Thomas Muir was the stuclent, above all others, that the Professors singled out fiir ])unishment. The young, but bold and manly front he exhibited in favour of Professor Anderson — the artless and impassioned eloquence he displayed in support of his principles, captivated the students, by whom he was beloved, but made him the more obnoxious to the other Professors, against whom he had written some smart political squibs, which incensed them to such a degree that they met in Faculty Hall, and gravely resolved to expel Thomas Muir, and .some others the most active of his companions, from the University, unless they went on bended knee, humbly apologised for their conduct, and promised to conduct them- selves more submissively to the Professors in time to come. This resolution was received by Muir with a degree of firm- ness eminently characteristic ot the future patriot. His com- panions became alarmed. The fear that their expulsion from the college would naturally distress their relatives, and possibly injure their own future prospects in life, induced them to become quiescent. But Muir stood out. He saw that this was an at- tempt not merely to punish him at the moment, but to crush the free and honest expression of public opinion on the part of the students ever afterwards. Not choosing *>> become the slave of "passive obedience," which all hissubsequ r, ictions contemned, nor yet willing to surrender his own judgme :t merely to gratify the wounded dignity, or rather the offended pride, of the Pro- fessors, he refused to make the apology required from him, and left the college. This step completely altered his future course in life— whether fortunately or unfortunately for himself, re- mains to be seen ; because, such was the rectitude of his con- duct, and the amiable disposition of his mind, that for the two preceding sessions he had attended the Divinity Hall, with the view of becoming a Clergyman of theChurch of Scotland ; where- as now, from the position in which he was placed by the Pro- fessors, he saw that it was impossible for him, or ar.y one else of his principles, to obtain the approbation, or receive the ne- cessary license, of the Presbytery of Glasgow. He therefore abandoned all further thoughts of the Church, and determined VI LIFE OF to try liis fortune at the Dar, where no inipeaiments, at that time, ftppc'ired to await him. In tliis resohition he was warmly en- couraifcd by his venerable friend, Professor Anderson, and also by the then Professor of Civil Law in (llasgow College, viz. John Millar, Ksii. who was one of the ablest jurists tliat this country ever produced. Mis splendid writings are now admired by every lover of liberty throughout Europe. These distinguished men appreciated th. talents ofThomas Muir, and predicted hls^|)eedy success at tl.e Scottish Bar. Nor were they mistaken. For no sooner w.is he admitted a member of the Faculty of Advocates, at Edinburgh, in 1787, being then only twenty-two years of age, than his fame at Glasgow College, and the unflinclung part he there acted, combined with the deej) learning he was known to have acciuired as a lawyer, readily conduced to secure for hmi a practice at once lucrative and respectable. He soon came to en- loy the personal friendship and esteem of some of the greatest luminaries that ever adorned the Courts of Justice m Scotland, viz the Hon. Henry Erskine, afterwards Lord Advocate; John Clerk, afterwards Lord Eldin ; Malcom Laing, the eminent historian ; David Cathcart, afterwards Lord Alloway, &c Sic. Me wa« advmicing, like them, to the head ot his" profession, and in all i)robabilily would have attamed it, if political animosity, or deadly hatred, in the highest quarters of the realm, had not marked him out for personal and speedy destruction. r.u * » «f^„i: It is necessary to take a short glance now ot the state ot poli- tical parties then in existence. The Right Hon. William Pitt had daz/led the House of Commons and the country, by his eloquence and talents. So early as the year 1780, his great con- temporary, Mr. Burke, introduced a Bdl for a Reform in the Representation of the People in the House of Commons. On its second reading, it was warmly supported by Mr. litt, but defeated by a majority of 233 over 190. Again, in the year 1783 Mr Pitt himself introduced a similar Bill tor a Ketorm ot the Representation, but it was rejected by a majority ot" 293 over M.9 The principles which he then professed were ot the most liberal and sweeping description. He was, in fact, along with the then Duke of Richmond, an advocate for universal suffrage and annual Parliaments. For in one of his speeches he declared « that the restoration of the House of Commons to freedom and independency, by vhe interposition of the collective body of the nation, was essentially necessary to our existence as a free peo- ple-— that m equal representatioTi of the people, in the great council of the nation, by annual elections, and thr: universa right of suffrage, appeared to him so reasonable to the natural teel- ines of mankind, that no sophistry could elude the force of the arguments which were urged in their favour ; that they were rights of so transcendent a nature, that in opposition to the claim THOMAS MUin. Vil that time, (irmly en- I, niul also , viz. John is country d by every ishetl men his>|)eedy ti. For no \dvocntes, ;ars of nee, ng pnrt he s known to e for him a :ame to en- he greatest 1 Scothuid, Advocate ; Laing, the d Aliowny, le head of attained it, est quarters and speedy itate of poli- Villiam Pitt ntry, by his IS great con- form ill the mions. On Ir. Pitt, but in the year a Reform of r of 293 over ! of the most , along with irsal suffrage i he declared freedom and I body of the is a free peo- in the great liversal right natural feel- : force of the I at they were n to the claim of the people to their enjoyment, the longest period of prescrip- tion could he pleaded in vain. They were (said he) substanti- ally enjoyed in the times of the immortal Alfred— they were cherished by the wisest princes of the Norman line— they form- ed the gniiid palludiuin of this nation— they ought not to be esteemed the grant of royal favour— nor were they at first ex- torted by violence, from the hand of iiower. They are the birthright of Englishmen— their best inheritance, which, with- out the complicated crimes of treason to their country, and in- justice to their posterity, could not be alienated or resigned. — They formed (said he) that triple cord of strength, which alone can be relied on, to hold, in times of tempest, the vessel of the state." It is scarcely possible to believe that the man who de- liberately uttered such sentiments, would afterwards become the greatest enemy to the cause of national reform and freedom. Such, however, is the fact. For when Mr. Pitt was soon after- wards raised to the post of Prime Minister of England, by George the Third, he coolly turned his back on his own re- corded principles, and directed the thunders of the state, which lie now wielded with almost uncontrolled sway, against those who, probably from respect to himself, had «(H)pted the princi- ples he had thus given forth to the world, in uU the charms of the rising statesman, whose political integrity none at the time suspected ; but also against those, by far the greater number, who cherished the earlv I'vinciples of Pitt from an inherent, but no less honest, conviction' of their truth and justice. An instance of greater apostacy, of more flagrant political baseness and treachery, than this, on the part of the Right Hon. William Pitt, never occurred in the whole history of England. It illus- trates the well known satirical lines, " When the devil was out, the devil a Reformer would be : When the devil was in, the devil a Refor n r wa« he." All the good and virtuous men, howevr, in the land, de- nounced Pitt's apostacy. None but the Tories, the sycophants of power and the disciples of corruption, applauded and supported Jiim. He h'^d now in his own hands the entire patronage of the empire ; tiie absolute power of conferring title, place, and pen- sion, on whomsoever, and to whatsoever extent, he thought fit. For his royal master, George III. was then bordering on a state of insanity, and, till the day of his death, never once checked him in his career; while the majority of the House of Com- mons, perceiving that the gates of that House, through Pitt's instrumentality, were locked against Reform, became obedient to his wishes, and honoured his commands in all things. It is impossible for us, in this short sketch, to analyse some of the other glaring parts of Mr. Pitt's conduct in those days; nor is it necessary to do so, becauge the history of the country, the ac- tual state of parties at the present day, too clearly show how, I vUi ii", or and to what extent, the vast ond unlimited pi\tronflgo of Willinm Pitt was disposed of, to nmintnin liimsclf in power, and to en- trench himself secnrcly ajrainst the liberties of mankind. But ullhouKh he had thus glaringly deserted the cause of Keforni, it was too momentous a cause even then to be lost sight ot by others who were ecjually great, though not enually powerful with him, in the Semite. I'o the honour of the Whigs, they took it up witii redoubled and most patriotic zeal. Under the imme- diate auspices of the then Francis Duke ot Bedford, of Charles James Fox, of Charles Grey, now the venerable Karl Grey, oJ Sir William .lone;;, of Sheridan, nnd of Whitbread, who were then the distinguished leaders t)f the '.vhig party, public meet- ings were held in London, and a Society was there established, called "the So'.iety of the Friends of the People, for the purpose of obtainini^ n fullj fair, and free representatimiof the People in Parliament." Besides this Society, which was composed chiefly of the higher classes, another one, of more extensive ramifica- tion, but with the same end in view, was formed about the same period in London, mainly through the exertions of those humble, but immortal Reformers, Thomas Hardy, John Home Tooke, and Major Cartwright. This last-mentioned society, was also established, as its title imports, for the purpose of cor- responding with nnd encouraging the friends ot Reh)rm in all parts of the nation. Happily there was no division, no jealousy, no lukewarm attachment between the Whigs and the lladicnis of those days. They were bound together, as it were, m one common bond of political brotherhood. Had it not been so, there is little doubt that Pitt and his hordes of Tory minions could easily have van(iuished both of them, and there is also some reason to fear whether the cause of Reform would have been triumphant for centuries to come. The history, i"d«ed, of almost every nation in the world shows that it is chiefly by their own internal quarrels or divisions that the friends ot liberty lay themselves open to the combined nnd formidable assaults of their common enemy, who otherwise could have little chance of success against them— an observation which, though trite enough to some, ought well to be pondered over by many at the present day, and we shall make no apology tor making it in this place. . _, But while the best and bravest nnd most virtuous men m t.ng- land asserted the demand of Reform, and matured their patrio- tic plans for obtaining it, Scotland, in her station, was not be- hind them. No single man in the entire length and bread tliot this land did more for this noble cause than 1 homns Muir. He sacrificed his profession, and rising prospects at the Bar, which, as already said, were lucrative and honourable, ni order that he might devote the whole energies of his mind to rescuehis coiin- tr/ from the political thraldom doomed to it by Pitt. He tre- THOMAH Ml'in. IX nfWnHatn and to en- kiii(i. Rut )!' K<.'f«»rni, >iglit of by y powerful s, tliey took ' the imme- of Charles II Grey, of , who were ublic meet- .'stiiblished, the purpose ic People ill nsed chiefly jc rninificn- aboiit the lis of those lolin Horne led society, pose »)f cor- forin in all no jealousy, he Radicals ere, in one lot been so, iry minions is also some 1 have been indeed, of s chiefly by J friends of formidable could have ition which, ndered over apology for men in Eng- their patrio- was not be- d breadth of s Muir. He ! Bar, which, :irder that he cue his coun- itt. He fre- quently repaired to London, and held consultations with the chosen advocates of libeity in iIm place, aiiioii;r whom might be numbeicd the late Sir Janus M'lnlosli, ilieii tiitoriiifr on the path of that honourable Innie which he ac(|uirfd, ami whose per- sonal esteem tor Muir \\as«)luii expressed in the wannest Urms. Hut it was at Kdinbiiigh — in the nietrt)polis of his native coiiii- trv, where his bold and nuistt-ily talents were principally deve- loped in furtherance of that cause which he had so much and so sincerely at heart. In conjiiiutioii with his friends, Mr. William Skirving of Strathriidilie (afterwards banished for fourteen years), Capt. William .lohnston, Ut)l)ert Forsvtli, Advocate,* Colonel Dalrymple of Foidel, Mr. William Mofllit, Dr. John Allan, and others his compatriots, he originated that lamous So- ciety of lleformers in Kilinbuigli, afterward.^ called the llritish Convention of Delegates— the object of which will now be reliev- ed from all misapprehension, and best understood, by publishing the following original Uesolution, prepared by Muir: — " KlilNBUlic.ll, Ulh Dec. l7f)'J. " At a Gcnerol Convfiitinn of the Friends nf tlio I'l-opk-, lifld lliit ilny, " t'lilinud Dalrjmiilf in liu- Chiiir, " Rf.boi.vf.i), Tliat it appears li> lliis Coiivi-nlion, that very grent nbuu-s have arisen in thi' Kovi'inmi'iit ol' lliis country, from a neificct of liu; nenuiiiu principlrs of the foii»litutioii. Tlmt these abuaes Imvc of lato Krovvii to an aiarniiiig luinlit, and pro- duced (jrcut discontent. " Htsol.VKi), Tliat tlu! essential measures to \n' pursued to remove these abuses, and etfectually ti) do awav tlu ir mischievous oonseijuenees are, " 1st, To restore the Kreodom of Election, and an equal Iteprescntalion of the People in Parli:iment. , . , n i • " l!d, To secure to the People a fretjuent exercise of their right of electing their representatives. . " Kksoi.vi-.d, That for the pur|)080 of arcompli»liin(J! these constitutional objects, the proper and legal method is thai of applying by i)etilion to Parliament. " Ki'SOLVKD, That since a speedy md complete redress of our present grievances will most ertectually be (d)tained by ih.- joint co-operation of every Briton who yet rc'taitis the spirit and wish to be ftee, this Convention will, us far as their principles and objects allow them, co-operate with the Society of the Friends of the People in London." These Resolutions were faithfully fbllowcti out in spirit and in deed, by Thomas Muir. He never went beyond, nor did he stop short at any point within them. True it is, that he allowed no limits to the fervour of his eloquence in stigmatising, often and again, the government of Pitt, which he detested ; and as little did he spare that eloquence in lashing its subordinate tools, the paid and pampered enemies of all reform. Yet, practically speaking, he nnilorndy adhered to the true principles of the Bri- tish Constitution. In farther jjioof of this, we refer to the fol- lowing original Minutes and Resolutions, now in our possession, of the/r.s< meeting of Reformers ever held in Glasgow, during the administration of Mr. Pitt. This meeting in Glasgow, to which we are about to refer, originated with Thomas Muir, which proves how active he was, and entitles him to the proud distinc- tion of being the first individual that gave life and energy to the » Now n gl:uing apostate ! ( i. c. Robert Forsyth.) ]( LIFE OF cause of Reform in this his native city, which then coatained, comparatively speaking, only a small number of choice spirits like himself, but which now will yit' J to no other city in the em- pire in the proud and public display cf patriotism, or in the h- berality and independence of its citizens. " Glasgow, 3d October, 1792. " \ number of Gentlemen, consisting of inhabitants of tliis city, and if several who reside in the adioiiiiu|i country, having previously communicated their sentiments to each other upon the present state of the nation, apreed to form a Society: and havmg this day met in the Star Inn, they constituted themselves into a permanent Society, under the name of .,.,„,, " ' The AHsncinted Friends oft/ie Constitution and nf the People. «' Lieutenant-Colonel Oairvmpln of Fordel was elected President ; " Thomas Muir, Esq. youn'sier "f Huntershill, Advocate, Vice-President; " Gcorjje Crawfurd, \vriter in Glasgow, Secretary. " The foUowinK Resolutions were then agreed to : — , ^ , „ i • " Resoivh), To co-operate with the Association of the Friends of the People in London, in all proper measures to accomplish an equal Representation of the People in Parliament. . , .... ^ l. • •" Ri;soi.vF.D, To enter into every legal and constitutional measure to obtain a shorter duration of Parliamentary delegation. , , . „ . . , . u " Resolved, That none shall he admitted Members of this Society who do not sub- scribe tiicir concurrence to the two preceding Resolutions. " Resolved, that these Resolutions, forming the primary objects of our Associa- tion, be printed in the Scotch and English newspapers. ^, • „ ' "^ " Wm. Dalryaifle, Chairman." " Plan of the Internal Government of the Society of the Friends of the Conttitution and of the People. " The two leading objects of this Society are, first, to procure an equal Representa- tion of the People in Parliament, and a shorter duration at Parliamentary delegation. Secondly, to difl'use useful political information. " In prosecution of these two important objects, a common contribution is requisite for defravinaii, pcrlldy with treachery brinj,'in^' ui) the rear, vet in<'rey and IVieudshii) iuipudeutly held forth to tl lii'ir UKMir.-iioni ,1 , the oppressed p:.rt il. for- ihe world as the S(de nmlive; . , eottini' for a while tlieir own sutrerinu's, fee! only for ymirs, and with an i.nxiijus uy.; watcirthe event, fervently supplicatini; the Ahni|.rhty liuler of the universe to be fa- vourable to vour cause, so intimately blended with their own. Frowned upon by an opnre^sive svsteui of control, whose gradual, but continued encroachments have de- nrived this n;ition of nearly all its boasted liberty, and hrouglit us almost to that abject state (if slavery from which you have so emcrgi'd, five thousand British citizens, indignant, manfully step forth to rescue their country from the opprobrium brought upon it bv the supine conduct of those in power ; they conceive it to be the duty ot Britons to countenance and assist, to the utmost of their power, the champions ol hu- man happiness and to swear to a nation proceeding on the plan you have adopted, an inviolable friendship. Sacred then from this day be that friendship between us, and may vengeance to the uttermost overtake the man who, hereafter, sliall attempt to cause a, rupture. , ., , , u • " ThouTh we appear so few at present, be assured, I'renchmen, that our number in- creases dadv. It is true, that the stern uplifted arm of authority at present keeps back the timid • 'that busily circulated impostures hourly mislead the credulous ; and that court intimacy with avowed French traitors has some effect on the unwary and on the ambitious ; but with certainty we can inform you. Friends and Freemen, th.it informa- tion makes a rapid progress among us ; curiosity has taken possession of the public mind- the conioint reign of ignorance and despotism passes away ; men now ask each other wliat is freedom, what are our rights ? Frenchmen, you are already free, and Britons are preparing to become so. Casting far from us the criminal prejudices artfully inculcated by evil-minded men and wily courtiers, we, instead of natural ene- mies at len>'th discover in Frenchmen our fellow citizens of the world, and our brethren by "the same heavenly Father, who created us for the purpose ot loving, and mutually assisting each other, but not to hate, and tn be ever ready to cut each other's throats at the command of »eak and ambitious kings and corrupt ministers :— seeking ocr real enemies, we tind them in our bosoms, we feel ourselves inwardly torn by, and ever the victims of a restless and all-consuming aristocracy, hitherto the bane of every nation under the sun. Wisely have you acted in expelling it from prance. " Warm as our wishes are for vour success, eager as we are to behold Freedom tri- umphant, and man everywhere restored to the enjoyment of his jilst righU, a sense of our duty, as orderly citizens, forbids our flying in arms to your assistance ; our govern- ment has pledged the national faith to remain neutral— in a struggle of liberty against despotism, Britons remain neutral 1 O shame I But we have entrusted our King with discretionary powers, we therefore must obey,— our hands are bound, but our hearts are free, and they are with you. , . , „ " Let German despots act as they please, we shall rejoice at their tall, compassion- ating, however, their enslaved subjects. We hope this tyranny of their masters will prove the means of re-instating, in the full enjoyment of their rights and liberties, millions of our fellow-ereatures. .... " With unconcern, therefore, we view the Elector of Hanover join his troops to traitors and robbers; but the King of Great Britain will do well to remember that this country is not Hanover — should he forget this distinction, we will not. " While you enjoy the envied glory of being the unaided defenders of freedom, we fondly anticipate in idea, the numerours blessings mankind will enjoy. If you succeed, as we fondly wish, the triple alliance (not of crowns, but) of the people of America, France, and Britain, will give freedom to Europe, a.id peace to the whole world. Dear Friends, yo.i combat for the advantage of the human race. How well purchased will it be, though at the expense of much blood, the glorious unprecedented privilege of saying, mankind is free— tyr»..;s and tyranny aie no more— peace reigns on the earth, and this is the work of Frenchmen." But the eloquent and generous sentiments in the above Ad- dress were fully surpassed by another, which emanated aboiit the same time from a different quarter, and which Thomas Muir hted to transcribe with his own hand. We publish both i> deligh XIV LIFE or of these documents to the end, that the most secret and equivo- cal actions of the Reformers of 1792 may now be laid open, and tiieir memory rescued from the foul and withering imputation then fastened upon them by the worshippers of Pitt. " To the French Nation, " Brothers, and Fei.low-Citizens of the World!— Tlie cordial und affection- ate reception with which vou have honoured our worthy countrymen Mr. Thoma* Cooper and Mr. James Watt, members of the society of Manchester, and united with our society, has been communicated to us, by the correspondence of those Rentlemen. " III offering vou our coiiKratulations on the glorious Revolution which your nation has accomplished, we speak a lantjuafre which only sincerity can dictate. «' The formality of courts affords no example to us. To do our thoughts justice, we cive to the heart the liberty it delights in, and hail you as brothers. "It is not amon.r the least of the Revolutions which time is unfolding to an aston- ished world, that two nations, nursed by some wretched craft in reciprocal hatred, ihould so suddenly break their common odious chain, and rush into amity. " The principle that can produce such an effect, is the offspring of no earthly court ; and whilst it exhibits to us the expensive ini(iuity of former politics, it enables us, with bold felicity, to say, We have done with them ! " In contemplating the political condition of nations, we cannot conceive a more diabolical system of government, than that which has hitherto been generally pv-ic- tised over the world : to feed the avarice and gratify the wickedness ol ambition, the fraternity of the human race has been destroyed ; as if the several nations of the earth had been created by rival gods. Man has not considered man as the work of one ""rhe political institutions under which he has lived have been counter to whacever religion he professed. . , ... "Instead of that universal benevolence which the morality of every known religion declares, he has been politically bred to consider his species as his natural enemy, and to describe virtues and vices by a geographical chart. , , ,, " The principles we now declare are not peculiar to the society that addresses vou • they are extending themselves with accumulating force, through every part ot our country, and derive strength from an union of causes, which no other principles " The religious friend of man, of every denomination, records them as his own ; they animate the lover of rational liberty ; and they cherish the heart of the poor, now bending under an oppression of taxes, by a prospect of relief. " Wc have agai.ist us only that same enemy which is the enemy of justice in all countries—a herd of courtiers, fattening on the spoil of the public. " It would have given an additional triumph to our congratulations, if the equal rights of man (which are the foundation of your declaration of nghts) had been re- cognised bv the governments around you, and tranquilly established in all. Uut ii despotisms be still reserved, to exhibit, by conspiracy and combination, a further example of infamy to future ages, that Power that disposes of evenU best knows the means of making that example finally beneficial to his creatures. " We have beheld your peaceable principles insulted by despotic ignorance: we have seen the right hand of fellowship, which you hold out to the wor d, rejected by those who riot on its plunder: we now behold you a nation provoked '"to dp^nce; a^ we can see no mode of defence equal to that of establishing the general freedom ""^MnThis best of causes we wish you success. Our hearts go with you ; and in saying this, we believe we utter the voice of millions." In opposition, however, to these outpourings in favour of Con- tinental freedom, Pitt and his Cabinet seem ^o have resorted to the patrician policy of ancient Rome, for they headlong plunged this country into a war with France, which now engross^ed the public attention, and armed Pitt with a vast accession of infliience and military power. Under the direct auspices of his ministry, '> t and equivo- aid open, and g imputation tt. •dial und affection- men Mr. Thomas T, and united with ' those gentlemen, which your nation jtate. r thoughts justice, ers. elding to an aston- reciprocal hatred, 3 amity. f no earthly court ; , it enables us, with it conceive a more !en Rt-nerally pvac- is ol' ambition, the lutions of the earth 3 the work of one lounter to whatever /ery known religion natural enemy, and nety that addresses :)Ugh every part of no other principles i them as his own ; art of the poor, now By of justice in all lations, if the equal rights) had been re- ihed in all. But if ibination, a further mts best knows the lotic ignorance : we B world, rejected by voked into defence ; the general freedom 3 with you ; and in I favour of Con- lave resorted to adiong plunged V engrossed the sion of influence of his ministry. THOMAS ML'IR. XV the principles of the French Hevolution were industriously and shamefully misrepresented, in order to fix odium on, and ruin the friends of Reform in this country, who, it was said, intended to imitate the "bloody example" of the Frencii. These friends of Reform were called a set of traitors— pillagers— and cut- throats. Not a word in the vocabulary was black enough for them. They did not receive credit for one single good in- tention, no not one. Sermons were preached up and down the country (for the Clergy, almost to a man, were then at the beck of Pitt,) 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 very word « Equality" which had been adopted by the French to signify an equality of political rights and privileges, was gravely explained by our clergy to mean an equality of property. Hence the Re- formers were called « levellers." The revolutionary excesses in France, which every hone?t Reformer sincerely lamented, were quaintly ascribed to the evil genius of " a democratical system of government." Neither should it be forgotten that Mr. Burke, who had so recently exerted his great talents in the House ot Commons, in favour of Reform, now wheeled in favour of his rival, Mr. Pitt, to the astonishment of the whole nation. Not content with declaiming against the Revolution in France, he now uttered the most violent philippics against the Friends of Reform and Freedom, in the three kingdoms. He it was who first stigmatized them as a " swinish multitude," and who heaped other insulting names upon them, which, by less able hands, were continued down till the days of Sidmouth, Castlereagh, & Co But for so acting the part of the turncoat and renegade, Mr. Pitt settled on Mr. Burke and his progeny, then in needy cir^um- stances, the handsome and permanent pension of £4000 per an- num. By such auxiliaries, and by many other artifices, the Ministry of Pitt now contrived to deceive the country, and blazoned forth that the friends of Reform were the deadly ene- mies of the Constitution. The alarm thus sounded, and too generally believed, was dexterously improved by the Ministry. They played so well on the excited fears and feelings of the nation, that they thought they might more safely try their hand and make a few State experiments on the persons and feelings of the Reformers. They accordingly singled out some of the most active of these Reformers, against whom the artillery of the law was ordered to be directed with all its fury. Down came the Right Hon- ourable Robert Dundas, the *Lord Advocate of the day, 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 hii hands had the most distant chance of escape. 4 \l i r XVI I-IPK OF 'rfionins Miiir was the first llefbrmcr laid hold of in Scot- hxiui. On tho 2d (hiy of Jaiiiiiirv, 1793, he was seized in lus own house at Kdinl)urj>!i, and taken by the oflicers of the law to the Sheiill'of tiiiit county for examination on a warrant ob- tained by the Lord Advocate, charginjr him with the crime of JSedition. It will be seen from a copy of his examination, or declaration, as it is called, printed in the Appendix, that liC de- clined to answer some of the inquisitorial (juestions put to him by the 8horitF, " as he considers a declaration of this kind, ob- tained in these circumstances, to be utterly inconsistent with the C(mstitutional rights of a British subject: that he has solemnly maintained this principle in pleading for others in u criminal court, and that when it conies to be applied to his own particu- lar case, as at present, he will not deviate from it." But he "declares that he neither composed, published, nor circulated, books or pamphlets, iiiHammatory or seditious; that in public and private, he always advised, and earnestly entreated those who might be engaged in the prosecution of a constitutional reform, in the representation of the people in the House of Commons, to adopt measures mild but firm, moderate but constitutional ; nnd that he has always inculcated upon all whom he may have addressed upon any occasion, that there was no other mode of accomplishing a constitutional reform, in the represeJitation of the people in the House of Commons, but by the mode of re- spectful and constitutional petitions to that House, for that pur- pose; and that \w did not doubt bi>t the wisdom of that House would listen to the voice of the people, when thus constitution- ally presented." Notwithstanding of this declaration, a warrant was immediately written out, on the back of it, "to Imprison the said Thomas Muir in the Tolbooth of Edinburgh, therein to be detained till liberated in due course of law." This warrant, however, was superseded by his finding caution, as he immedi- ately did, to the satisfaction of the Sheriff, that he would- appear and answer the charges made against him, at any time when re- quired to do so. The news of his apprehension fled rapidly through the city and the country at large. But strange to say, the most tame and cowardly feeling was now manifested in his behalf, illustrating the truth of the proverb, that the man who devotes himself most faithfully to the service of the public, meets generally with the most base and ungrateful reward. With shame we state, giv- ing credit, however, for a few rare and honourable exceptions, that the majority of his friends^ those, we mean, who professed to be Reformers like himselfi now affected to be wondrous wise on the other side of politics. They knit their brows, gave a most significant shake of the head, and uttered, for the first time, this servile and common-place expression, that really Mr. Muir had gone too far for them I — " Poor lad," the cowards ^ I'dOMAS MIJIR. XVII lold of in Scot- as seized in liis icers of the law n a warnint ob- lli the crime of CMuniniition, or idix, that lie de- ions put to him if this kind, ob- nsistent with the lie has solemnly rs in u crnnmal bis own particu- im it." But he nor circulated, hat in public and ;ated those who itutional reform, ie of Commons, t constitutional ; im he may have I other mode of epresentation of ;he mode of re- ise, for that pur- n of that House )us constitution- 'ation, a warrant t, "to Imprison inburgh, therein " This warrant, , as he immedi- he would- appear ly time when re- hrough the city le most tame and half, illustrating >tes himself most nerally with the le we state, giv- -able exceptions, 1, who professed le wondrous wise ir brows, gave a red, for the lirst lion, that really ad," the cowards said, "it was a pity of him, lie had such talents, but lie was rash in exerting them so much against the Govenniiont." In fact, this debasing feeling was now found to be the surest passport to the favour and patronage of the Government, especially on the part of those who became loudest m their denunciations of the Friends of the People, then insultingly culled by the name of '^black-nebs," just as the Tories at a more recent period, and that not long ago, conceived they could insult or turn into deri- sion our modern Reformers by calling them Badicals, — a name, however, that is now getting into pretty general and good re- pute, nay, it is gloried in by millions. But the lofty and inde- Kendent spirit of Muir enabled him to treat his enemies and ollow-hearted friends with scorn and contempt. " His (vas a firm and uncorrupted soul, Amid a sliding age." Here let one extraordinary fact be noted, little known, we presume, to the Reformers of this generation, but it discloses, more forcibly than we can possibly describe, the arbitrary and tyrannical disposition of the Tory minions of those days towards every one who even presumed, however honestly, to differ from them in opinion. We allude to the case of that immortal man, already named in these pages, viz. Robert Burns, whose sublime genius is entwined in the fame of his country ; yet, to his coiintry's disgrace, he was suffered to pine and to die in the miserable situation of Excise Officer. For expressing himself in some of his glorious moments in fiivour of Freedom and Re- form, he was rudely and insolently cashiered by those placed above him in office, but immeasurably beneath him in every other respect. Burns liimself has left the following imperishable record of the treatment he suffered from these Tory menials; for in a letter written by him to Mr. Erskine of Mar, dated 13th April, 1793, he thus describes it: " Indeed, but for the exertions of Mr. Graham of Fintry, who has ever been my warm and generous friend, I had (says he), 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 adds, that the Board of Excise had issued peremptory orders to him that " his business was to act, tu}t to think ; and that whatever men or measures might be, it was for him to be silent and obedient." Such tyranny — and to such a man ! Prior to the seizure of Mr. Muir, in the way already stated, he had formed the resolution of proceeding to London, and from thence to Paris, to witness for his own personal edification the poli-tical movements, then so exciting in both places. His seizure and subsequent liberation on bail did not deter him from adopting that course ; on the contrary, he seems to have become more desirous to shon, for a season at least, the hauteur, which, for the first time, he now met with in Edinburgh. He accord- t> 6 »_.-i.-^>»' ^ I »in«B> XVJll Liii; <>i P\ lS wh'„°l,a,'l ropcatcUy l.,-..l«.'»l; Tl cl ve ; ofcd „ rc»ar,l lb,- his apprehe:,sio„. A,ul ear,,,, j, that he was now i„ I'aris, e„ ..yi"S '''" '» '»^"> "' "'."''IJ' , ' ttaKui'hed advocates eniberty i„ that ean.tal, sueh »>• •;» "J^ »; '^o^dorcet, I...;;ay, j..d o;;-^ "Aa\r5h;rlirwTth''e,rro,;L.,.oa»e..tt^^^^^ r'7 z rc"tLr"w£.err:as Zdeiu •',"»■ mu. .o !i;'tdi,a::XhUea«e,,.^^^^^^^^^ Advocate was not able ^P™^"^^: he' leii Edinburgh M,-. an eminent solicitor u. London, o ^vntc to mm anv steps were taken aganist Inni by tUe otnceis oii anysicps n ^^ meet them. Ihis, in '^.I'rwrryou ivllaVcalS, a,„l h„patien.ly''ex,,cct your answer. 1 t? THOMAS MUllt. XIX ,v tiays, ch'ivAU wlio was co^- ilix), ho joiu- h of .lanimi V, Lduis X\1. liat the liitc of subjects, was Muir foresaw Ui would now the farther ad- ihac this first and of Reform I'ory Athnhiis- iily, 1830, re- istration, at tlic t Conqueror of s that Thomas sly propagated and from trial. And learning af the most dis- li as La Fayette, L'vered through- uding the Loril lat he had gone Friends of the iu Mr. Muir to ;riod or not, wc from it, or went to prove, utterly gs of Reformers announced his sh subject had a who acted from 2 Friends of the lever carried any ;m, and the Lord f evidence to the Edinburgh, Mr. gent, Mr. James iniet, and latterly i the moment that -rs of the Crown, ; them. This, in iig letter, written It, Mr. Campbell, pect your answer. Write me fully about my private affairs, hut about nothing else. Whenever you and my friends judge it expedient or proper, I will immediately return ; but I cannot leave Paris without regret. I am honoured by the notice and friendship of an amiable and distinguished circle; and to a friend of humanity it aflbrds much consolation to find according feelings in a foreign land." Shortly afterwards he again writes Mr. Campbell in these terms. •* When- ever 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." Taking, however, advantage of his absence, as we admit they were Icsrally entitled to do, the Crown lawyers, per Lord Advocate Dundas, raised an indictment against Muir, charging him with the crime of Sedition, and this indictment, which was executed against him at his house in Edinburgh, and also at his father's liouse at Huntershill, required him to appiar and stand his trial before the Lord Justice General, Lord Justice Clerk, and Lord Commissioners of Justiciary, at Edinburgh, on the 11th of February, 179:^. The instant it was so executed, his father and his agent wrote him anxious letters to Paris to return ; but they saw it was almost impossible for him to do so between and the limited time allowed for his trial. On the 7th of the same month, Sir James M'Intosh thus wrote from London to his agent in Edinburgh :- ' '.j^oV " " I have to .icknowlodge the receipt of 30111- ktter respecting llic business of Mr. Muir. I did not lo?c a moment in fuulinr; a safe and speedy conveyance to him at Paris for your letters and tiioso of his other friends in Scotland, sent to my care. I delayed from day to day in the perpetual expectation of seeing Mr. Muir her 5 on his return. It becomes now, however, necessary for me to inform you, that he is not jtt come ; and considering the extreme anxiety which he must have felt to return as soon M [.ossible, 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 impos- sible for him, though even at Calais, to make his passage to England. 1 think this probability at least sufllciently great to be pleaded for a delay of his tricil, and it is to enable you and his friends to make any use of it that you may think (it that I have now thought it necessary to communicate this state of facts to you. " I am, yours, &e. " James M'Tntosh." ' On receiving the above letters and communication from Scot- land, Mr. Muir, still at Paris, wrote and transmitted hither the following address : — " To the Friendi of the People in Scotland. " "" '' " Upon the evening of the 8th of this month I received letters from ray father, and ftom my agent, Mr. Campbell, informing mo that an indictment was served against me in my absence, and that the trial was fixed for Monday the 11th instant The distance, ?nd the shortness of the time, could not permit me to reach Edinburgh by that day. VVar is declared between England and France, and the formalities re- quisite to be gone through before I could procure my passport would at least have consumed three days. I will return to Scotland without delay. To shrink from dan- gers would be unbecoming my own character, and your confidence. I dare challenge the most minute investigation of my public and private conduct. Armed with inno- cency, I appeal to justice ; and I disdain to supplicate favours. I have hastened to b2 XX i.irE or CoK tor:inv. a/ord. n.o an op,or,.nity fov .1.. ->~:;-;;;;';;. „„„, 'ISIilufJIi^rtliuugl^ con.munical..l personally to the Lord Advore a r' biished besides in the Mornin« Chronicle, and Xr newspapers of the day, .lid "ot induce Im Lordnh.p to .rant aTy K gence to ivfr. Muir by waiting or Im return Con t^?e 25th of February, n»:J, the Lord Advocate .ns sted on obtainiug u sentence of fugitation or ""'l^y.V "^".''f/r^; which vas then without hesitation pronounced by the High Court of Justiciary; and within a few days therealter, v./. on Se 6th of Mar hf'nOS, notwithstanding the boasted inde- pTndence of the Scotch IJ.r, this sentence of outlawry, pro- rounced%e it observed, at a tin.e when it was utterly nnposs.be foThim o appear to obviate it, however anxious it i seen, he wis to do sof^was made the pretext of adding this other indig- nUv to h°m-trat of erasing his name from the Faculty otAilvo- cSs-no one in that body coming forward even so much as to orotest aaainst the unhallowed act. But, like other changes Luaui a?ton shing, there have since been Advocates at the bar wlSalentsnotso^bright, and political principles not so pure who on he sunny side of politics, have risen to high oftic.a Ttat^ons forRetrg\hat such u man as Thomas Muir ex.sed «mm.rthemf or callous to the undeniable fact that je led the Xr ?us Sorn hope of 1793 with courage and ab.ity never furDassed and from^ which, perchance, they have derived theu- rwreclrity and independent It was "ottillj^iejth o Apr^^^^^ 1793 that, on the recommendation of the Counci Uenerai oi France he obta ned his passport to leave Paris. The flames ot war weVe then blazing over Europe. There were only two ways rwS he could r^eturn homeUhe first by Hamt,urgh,tr,e seWWthe longer, but more certain, circuit of America. he rer couVse appe^ared to him more safe and ess liable to m ter- ruption? He therefore adopted it-left Pans-ami arrived at Havre de Grace, where he found a vessel bound tor New York, in which he secured and paid for his passage. This vessel, horver, was detained nearly three months completing he €8^00 and also by an embargo then laid on all neutral vessds in the ports of France. In the interval, another Ame- S vessel, the Hope of Baltimore, arrived, and as she was to J^ch at B.V*M< for a part of her cargo before returnmg to Wen thf Seared tS Mr. Muir to be a fortunate circum- slancrand he^mmediately adopted the plan of returning to mVthewayofl^^^^^^^^ jr^r On^T nil' orju^'tJieXe arriU at Belfast w^th ThorSas Muir on board. iMie Captain of that vessel (Mr GeorTe Towers), at Muir's request, immediately wrote to h.s ' \ '/ THOMAS MUIK. XXI TiioMAd Mum. r to llie Lord :)lironicU', and i Lordship to iv his return, vocuto insisted V ngiiinst him, 'by the lligli •cal'ter, viz. on boasted inde- outlnwry, pro- srly impossible 1, it is seen, he lis otlier indig- iculty of Advo- so much as to otlier changes cates at the bar es not so pure, to high official IS Muir existed that he led the id ability never ve derived their le 29th of April, ncil General of The flames of •e only two ways Hamburgh, the America. The s liable to inter- -and arrived at I for New York, This vessel, completing her on all neutral il, another Ame- and as she was are returning to )rtunate circuni- of returning to :ate favour — not stated, to demand d at Belfast with that vessel (Mr. tely wrote to his father at Glasgow ; and the answer of the good old patriarch to Captain Towers, which was afterwards seized with Muir's papers, shews the guarded caution, and at the same time the unsophisti- cated filial iifl'ection, which actuated him towards his patriot son. " To Captain (Iturffi Towm, oflht jimerkan $hlp, th$ Ilopf, nf naMmorr, at BttfoMl. •'nia»fa«, 3lilJulr.t791 " Dkab 8m,— I am »t a very grciit Iom how to annwcr your Ifttcr, u it '• nut un- ilcrrtood by mc ; if it'« the friend that I hove, if it 's he, I would b« overjoyed to tee hit hniuUwrlting, nud to iinow what hai hccomo of hira thcic three roonthi. I thought he had been at Philadelphia ere now, where letters ore forwarded to hini. Once he were there, he 'II K'-t Iclfert to (Jenerol WanhinRton ; and there are roany lettera wrote for him to the (Imt people of America. I hope, dear Sir, you 'II ihew him every civility in your power, which I hope «ome day (gratefully to thank you for. The low of thii young man ha* been a dreadful affliction to u«. Flenio Rive our friend thit letter. I honoured hia draft in favour of Mr. Massey. I hope in a year or two he o»n return, if ho doth not love America ; and be lo good m cauie him to write rao one lino in your letter." Perhaps it would have been fortunate for Thomas Muir, .if he had proceeded to America, as his fatlier evidently wishetl him to do, perceiving that he had now very little chance of ob- taining justice in this country, so inveterate were the Tories in the full swing of their official power against every person of liberal principles. Hut Thomas Muir, true to his hrst resolve, bser,c m_U peculiar care, did not interrupt them in (heir ;.crse • • g course m this instance. Hut it will add to the deep and i. .h^nant feclmg which this lineof conduct could not fail U> luive occasioned t'>'''h( - urns Muir, when wc explain that he Inid early imbibed Imbiis ol unaffected devotion or piety, insomudi that he was constituted ati Elder of the Church of Scotland, the duties of which he discharged on many Sacramental occasions in the parish of Caddcr. At this point, we think wc caimot do better than i« -publish, from the former edition of his Life and Trial, the following correspondence between him and the Rev. Mr. William Dun, because it com- pletely destroys the oblo([uy most falsely enileavoured fasleno!' upon him by the Tories, that being a Refoimer, also an infidel : — " Kirkinlllli)oh, JuneSlh, nM. " Mv DEAR Sill,— Till! uniinimouK wish ol' thu .Scusion of Cmlder, and I am desired to »ay, thu provailinK wish of llio pcoplo of Cadder, is, to hnvi! the Sncrament of tho Lord'* Suppur dispensed iimoiiK ihein tliis season ;_of this they have desired mo to inform you, hoping it will ineii with yuur approbation. The I'rcsliytery of Glasgow is to he. advised of it on Wednesday lirst, and riMjuested to appoint a day for the pur- pose, and the fourth Sabbath of July has been thought of by some. As an ordinance of our holy religion, it is surely proper— in other respects it may do good, and can do no harm. . » „ , ■ ■ " To have your approbation of this design before Ihe meeting of Presbytery, would be agreeable to the KIders, and also to him who has the- pleasure to bo, " Dkah Sir, " With respect, " i'our most humble Servant, " Wm. Dun. " To Tiioi. Muiu, Ksq. Adv ;;'.' To this letter Mr. Muu leLurned the following answer, worthy of tho consideration of some of the Established Clergy of the present daj : — -, '■ Edinburgh, lltl) June, ITJi. " Dear Sir, The proposed celebration of the Sacrament of the Lord's Supper, in the parish of Caddcr, is a measure to which I cordially give my highest approbation. Whatever jiolitkat opinion may be entertained by dilTerent parties, in this instance, 1 should consider their interference as a crime of the deepest guilt. I therefore hope. to be he was I'HOMAH MlUn. XXill •y:.i the pruun eiice ut' which ingorSunduy said 'i'lionms ic Muf^istnites ulunging, und us Mualfd will) <) seals, which I'hus Tlioinas the prison of diiibur^. . tn :eii(lt iiierciof .'time, itinf the t.)bser>e i~h iittiigcuiirse in h^nant feeling isiuned t'>'''hc!- Jibed habiis of constituted nil J lie discharged r Cndiler. At iblish, from the ;orrespoiidence )ccause it coin- iivoured to be ifoi mur, he was »oh, June ttth, 1708. tr, and I am desired ie Sacrament of the have do»ired mo to csliytory i)f Glasgow lit 11 day for the pur- e. As an ordinance do good, and can do uf I'rcsbjtery, would ! to bo, jle Servant, " Wm. Dun. ; unswer, worthy i Clergy of the irgh, nth June, 17U2. the Lord's Supper, in f highest approbation, ics, in this instance, 1 It. I therefore hope. itiiit upon all liilf l»ii - "ill III laiivHt**! ii->iiiimitv. No rxrrtiou up..n my p«rl shall 111! vvanliriK, to niuJ' i ■ ^ <•''«« comcn '' •'"■ the MininliTi inIh. uiiiy alltii(l. '• Ymu ari', howiv, r, -• •. parly, si i be in- 4iti'd, whdKi' pulilif minHtriitions will wt be as^. Ued in llio mliuU of the i-, pie with prior poliliial cniiduft— wlicim they rtiil regard suUly »* ''>'' Miuitl.rs of relin, » and not ni< the piirliz uis of anv partiiuhir pnrty. Upon llil r*^j^"■| 1 beg your ,ce. I value (ho interc»t< of reliKi and I K.inider thin tii oe to ihein of the In^ '"st uiouirut. . , I • t " IMuriiiiiK you my sim ere thanks for yoi ill«nli(m to he parish, in a m»Mct ul Kueh superior iinporiunuu, I remain. "DbahSi " V(/"i moil respectfully, " TtiOiMAH Mum. " Kev. Mr. I»un." These letters sln)iild |)Ul Id silence and «•> shaim the Tory ca- lunuiiators ol'Tlioinas Muir, on the score I' Ills ii ligious prin- ciples. Innmtliattly afur he was drag^'ci. U) I'.dinbnrgh as a prisoner in the iiiiiimer wi' have shewn, a In-h iniliclnieiil was executed against him at the instance <»f tlu' Lord Advocate, accusing him nflhe complicated crimes of St i rioN,— in other words, of being aji able and eliH|nent udvoi lu hi tlie great ca.. e of Parliamentary Uefonii. 'I'liis iiidici eiit, printeil in the Apjjendix, to wliicli we refer, now speaks iii' si lignilicantly f) for itself.— Kvery action of his life is fa! cly i. 'ul infamously pervertetl in it against him. His |)eaceful at I meritorious comluct as a rational llelbrnter, agreeably to the 'ennine prin- ciples of the Ibitish Constitution, is therein s. ^mati/.ed as " wicked and felonious." 1"he foul lie is imputeo to him, thnt being "conscious of your guilt in the premises, y ii, the said Thomas Muir, did, in order to evade piinisli:iienl, . bscond and leave the kingdom." And the other foul and etji ally rmdig- imnt lie is also therein imputed to him, namely, " ti at you, the said 'J'homas Muir, having lately, in a privaU and clandestine manner, come into this c«nniliy by way of Irelatid, vwis discov- ered ami apprehemled." Ii; in the face of the undeniable facts we have alreaily stated, a Lord Advocate of Scotland coidd be found to coloui- or to tinge his accusation a-'ainst hi political opponent with such glaring ami reiireliensible lalseliuods, for the purpose (it could only be) of exciting a groiindlc-.s preju- dice against the accuscil, we may be | reparetl to expi ct, nay, tiiere is undoubted eviikiice to believL, that the whole super- structure of the case afterwaiils reared up tigainst him on tiiat indictment, was false and ciJitaniinated at its very core. Yes, the atrocious mitpiity of th.' subsetpient procecnlings against Thomas Muir keep pace with those early indications of Tory falsehood, and Tory vengeance, against him. They are, wc boltliy l)tit confidently say, without i)arallel : and the know- ledge of them now about to be imparted, perhaps for the first lime to the jiuiior Ktfonm r . of this ;igo, cainiol but excite as- p. t It XXIV MFB OF J tonishmeiit, with mingled feelings of indignation and sorrow. His trial was appointed to take place before the High Court of Justiciary at Edinburgh, on the 30th of August, 1793. It raised, i'roni its novelty and importance, the most intense anxiety over the whole kingdom. Muir resolved to conduct his own defence, the concise nature of which, as reduced by him to writing, and lodged, according to the rules of Court, prior to the trial, is as follows : — " Th's criminal libel against me is false and injurious. So far from exciting the people to riot and insurrection, it can easily be proved, by a numerous list of wit- nesses, that upon every occasion, the pannel exhorted them to pursue measures mo- derate — legal — peaceable — and constitutional. " The charge of distributing seditious publications, and of advising the people to read them, is eijually false and calumnious. " The pannel admits that on the great national riuestion, concerning an equal Re- presentation of the People in the House of Commons, he exerted every effort to pro- cure in that House, a full, fair, and equal Representation of the People, as he con- sidered it to be a measure (and still does) the most salutary for the interests of his country. " But the pannel offers to prove, that, as he considered the information of the people to be the chief thing requisite to accomplish this great object, ho uniformly advised them to read every publication, upon either side, which the important ques- tion of Parliamentary Reform had occasioned. (Signed) " Thomas MuiB." The Crown Lawyers now strained every nerve, and resorted to every artifice to run him down. First, as to his Jury. — The mode of electing Jurymen in those days was very different from what happily it *is now. Then the Clerk of Justiciary (appointed by the Crown) had nothing to do but to hand to the Judge, after the latter liad taken his seat on the Bench, a list of the names and designations of not fewer than forty-five individuals already summoned to attend in Court; and it re- mained with the Judge to select-T-the usual significant expres- sion was to pick out from among that list any fifteen individuals he thought proper to act as Jurymen on the particular trial, who did not require to be unanimous in their opinion, since the law of Scotland, different from England in this respect, leaves the majority of the Jury, however narrow it may be, to rule the verdict pro or con. Hence the Judge had frequently an in- timate knowledge of the gentlemen of the Jury beforehand. — He knew their vocation, and not improbably their political opinions. Accordingly, in this very case the startling fact has now to be stated, that the majority of the Jury selected by the Lord Justice Clerk to try Thomas Muir were the intimate and personal friends of that Judge himself; but what is worse, every one of the majoritt/ thus selected held offices or situations of one kind or another under the government ; the whole Jury, with one exception, were well-known Tories : they were life- and-fortune men of Pitt: they had previously subscribed an Address denouncing the Association of the Friends of the "LV THOMAS Ml'IR. XXV n and sorrow. High Court of list, 1793. It most intense ed to conduct educed by him f Court, prior r from exciting the imerous list of wit- Lirsue measures mo- ising the people to irning an equal Re- 1 every effort to pro- People, as he con- the interests of his information of the bject, ho uniformly the important ques- rnoMAS MuiB." 6, and resorted his Jury. — The 1 very different k of Justiciary but to hand to m the Bench, a • than forty-five lurt; and it re- nificant expres- teen individuals particular trial, pinion, since the i respect, leaves may be, to rule requently an in- y beforehand. — y their political startling fact has selected by the the intimate and what is worse, ces or situations the whole Jury, they were life- f subscribed an Friends of the Peoj)le, of which Muir, as already stated, was the most distin- guished leader. He therefore protested against these Jury- men : but in vain. One of them, viz. Captain John Inglis of Auchindinny — to iiis honour be it spoken — felt the force of the objection to him, for he voluntarily rose and stated, " that being in his Majesty's service, he did not wish to be on this Jury, as he thought it unfair, in a case of this nature, to try Mr. Muir by servants of the Crown." But the Lord Justice Clerk told Captain Inglis that he must serve : that there was no impropriety in his doing so, although in the service of the go- vernment. After the filleen .Jurymen had now been all seated, the Justice Clerk demanded to know if the pannel had any farther objection to them. He arose, and after repeating his objection, then calmly but manfully concluded it thus — " My Lords, Accused this day of Sedition, — of an attempt to overthrow the Con- stitution, shall those men be my Jurymen, who have not merely accused me, but lilvewisf judged and condemned me, without knowing me, — without hearing me in my vindication ? My Lords, this trial is no trivial matter. It aflects me ; but it aft'ects the country more. The noise of it will pass down-to other times, and poster- ity may fancy tiieir most valuable rights connected with its consequences. My Lords, to suppose my objection not well-founded, would be to insult the common sense and feelings of mankind. My Lords, 1 demand Justice. — Let me be tried fairly, — not by 11 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 with prejudices. I, therefore, solemnly protest that no person, who is a member of the Association in Goldsmiths' Hall, can sit as a Juryman on ray trial." Lord Justice Ci.erk. — " I can see nothing in the objection, and am clear for repelling it." The objection was accordingly unanimously repelled by the Court, liut when the Jury were about to be sworn, Mr. Muir again rose and stated "that he believed them to be men of truth and integrity, but he could not help recalling to their attention the peculiarity of their situation. They had already determined his fate, and as they valued their own reputation and eternal peace, he entreated " " Here (from the report of the Trial) Mr. Muir was rudely in- terupted by the Judges, who concurred in opinion that his con- duct was extremely improper in taking up their time, as the ob- jection had already been repelled. " That there may be no mistake about the Jury, we here again publish their names: — 1st, Gilbert Innes of Stow, Foreman, Deputy Lieutenant of the county of Edinburgh, &c. &c. ; 2d, Sir James Fowlis of Collington — on the Pension list; 3d, Captain John Inglis of Auchindinning, on thepay of the army; 4th, John Wauchope of Edmonstone, Commissioner of Pro- perty Tax, Edinburgh ; .5th, Andrew Wauchope of Niddry Marichall, another of said Commissioners ; 6th, John Trotter of Mortotdiall, one of Lord Melville's jjrotogees ; 7th, James Rochead of Iiivcrleitli, another Connnissioner of Property Tax, Edinburgh; 8th, John Alves of Dalkeith ; 9th, William Dal- XXVI LIFE OF rymple, Meichiuit, Ediubiirgli ; 10th, Donald Smith, Hanker there, Deputy Lieutenant, Edinburgh; 11th, James Dickson, Bookseller there ; 12th, George Kinnear, Banker there; 13th, Andrew Forbes, Merchant there; 14th, John Horner, Mer- chant tlicre; 15lh, John Balfour of Pilrig, Clerk of the Jury.— It is now too obvious, we humbly think, tliat these gentlemen were, to all intents and purposes, a packed Jury. But, secondly^ the conduct of the presiding Judge himself was liable to more serious objection. — For on the subsequent trial of Muir's com- l)atriots, Joseph Gerrald and Maurice Margarot, before the same Court, the following extraordinary facts transpired, suffi- cient to cover that Judge with the infamy of a Jeffries. — Mr. Gerrald thus stated the facts : — " My I>or(ls, I feel myself under the painful necessity of objecting to the Lord Justice" Clerk sitting upon that bench, upon this i)lea, that his Lordship has deviated from the strict line of his duly, in prejudging that cause in which n.y fortune and ray fame, which is more precious to me than life, is actually concerned. And in order to show that this objection is not made at random, / nffer to pyave that the Lord Jus- tice Clerk has prcjndffed the cause, of every person who had been a member of that M- scmbly calling itself the British Convention: inasmuch as he asserted, in the house of James Rochcad of Inverloith, ' that tin; memb(!rs of tlie British Convention deserved transportation for fourteen years, and even public whippiusf ;' — and that when it was objected, by a person presem in company, that the people would not patiently endure the inrticting of that punishment upon the members of the British Convention, the Lord Justice Clerk replied, that the mob would be the better for the spilling of a little blood. I pray that this may be made a minute of the Court. I desi.c to have the matters alleged, substantiated by evidence." Lord EsKGiiovE " My Lords, this objection which comes before your Lordships is a novelty in many respects ; and I don't think this pannel, at this bar, is well ad- vised in making it : what could be his motive for it 1 cannot pe'ceive. He has the liappiness of being tried before one of the ablest Judges that ever sat in this Court ; but ho is to do as he thinks fit. I am sure he can obtain no benefit if he gains the end he has in view ; and therefore I cannot perceive his motive, unless it is an in- clination, as far as he can, to throw an indignity upon this Court." After some farther remarks, his Lordship concluded by saying, " that he could ascribe the objection to nothing but malevolence anil desperation," Mr. Geurai-d " My Lord, 1 come here not to be the object of personal abuse, but to meet the justice of my country." Lord HiCNDKULANi) " I desire you will behave as becomes a man before thw High Court. I will not suffer this Court to be insulted." Mr. Geruald " My Lord, Far be it from me to insult this Court." Lord Hknueuland — " Be silent, sir." Mr. Geurald " My Lord " Lord HENnERLAM) — " I desire you will be silent, sir!" Lord SwiNTON " My Lords, An objection of this kind, cofnmg from any other man, 1 should consider as a very liigh insult upon the dignity of this Court ; but coming from him standing in the peculiar situation in which he now stands at the bar, charged with a crime of little less than treason, the insolence of his objection is swallowed up in the atrocity of his crime. It appears to me that there is not the smallest relevancy in this objection." Lord DuNsiNNAN " 1 ihink your Lordships ought to pay uo uttenUon to it, either in one shape or another." < The objection was unanimously smothered ! But the infamy of these proceedings is not yet fully developed. II' the reader will only pause for a moment he will remember that .lames Uochend of Invcrlcith, in whose house the Lord Justice . » / lith, Uanker les Dickson, there; 13th, orner, Mer- fthe Jury. — le gentlemen [^ut, secondly, able to more Muir's com- :, before the ispired, suHi- eilVies. — Mr. Etiiiff to the Lord Iship has deviated y fortune and ray d. And ill order \ut the Lord Jus- \ember of that Aa- , ill the house of nvi-ntion deserved that when it was t patiently endure 1 Convention, the • the spilling of a / (fuirj to have ire your Lordships s bar, is well ad- ;ivc. He has the Bat in this Court ; it if he gains the unless it is an in- jrt." After some ascribe the objection of personal abuse, a man before this ourt." ing from any other jf this C'o*irt; but I now stands at the of his objection is It there is not the uo attention to it, ally (level opeil. retneiuber thut e Lord Justice THOMAS MUIK. XXVll 1 / i Clerk indulged in this austere and bloody language, was one of the identical Jurymen thut his Lordship selected for Thomas Muir's trial ! In such hands innocence itself might well weep, and justice tremble. But while the Court and the Jury were thus arrayed against Thomas Muir, the Crown agents in their sphere were not deficient in procuring a well-trained band of Witnesses to swear in his condemnation. In this brief space it is impossible for us to scan all the evidence brought to bear against him ; and therefore we iniplicitly leave it to the judg- ment of the intelligent reader. But there were two prominent witnesses against Muir, neither of whom ought to be overlooked, because the information regarding them, which we have now to publish, will strip the whole evidence of any value that might appear otherwise to attach to it, and demonstrate, at the same- time, the wretched villainy here employed against him. The Jirst witness we refer to, and she was undoubtedly the principal one against him, is Anne Fisher, who was a discarded servant in the house of his father. Little did Thomas Muir know the true character of this woman at the period of her examination. Little did he previously suspect that any servant in his father's house would place his liberty and his life in peril. She was brought forward by the Lord Advocate with great pomp to dis- close to the Court and the Jurj', not any overt act of sedition in public places, but the alleged private and domestic conversa- tions between Mr. Muir and his parents on occasions when they could not by any possibility imagine they were harbouring a woman, who, receiving wages, and other acts of kindness at their hands on her implied fidelity as their servant, would, nevertheless, exhibit herself afterwards as the well-tutored spy upon them, and try to make their quiet and happy home the scene of sedition and of crime. Here we might pause, to ask whether it be not a stain on jurisprudence, or u libel upon law itself, to say, that the private and domestic conversations of a family in moments when their hearts any more than their minds, knew no guile, should be afterwards paraded against them, no matter by whom, and magnified against them, no matter by whom either, as proofs of sedition against the established Gov- ernment of the realm ? No wonder that Thomas Muir, after the examination of this witness was concluded by the Lord Advocate, and it was remarked at the time, that she gave her evidence against him with great flippancy,^ — no wonder that on being asked by the Court, whether he had aiiy questions to put to her, he emphatically exclaimed, " No, my Lords, I disdain to put any questions to such a witness." The report of the trial, to which we again refer, bears, that " the witness, on her part, turned round, and asked the Court if she might put a question to Mr. Muir?" The Lord Justice Clerk said he could not permit this, but his Lord- XXVllI 1,1 FE or ship clinracteiizeil Mr. Muir's recent expressions as very im- j)n>per. His Lordship, nt the same time, complimented Anne Fisher by sayin}^, that " he had never lieard a more distinct and accu- rate witness in his life." Lord Henderland fleclared, that if Mr. Muir had not been standing at the bar, as a pannel, he would have ordered him to prison lor the expressions he had just used ! Pity, for i)er own sake, that, when the supreme Judges of the land evinced such a tender regard for her, and ascribed to her such a high character, she did not afterwards sustain it in reality. For what is the fact? We have discovered that at the period of her examination, and for sometime previous, she was secured as a servant in the house of the late Mr. John Carlisle, Collector of Taxes, in Glasgow : and it is not too uncharitable to suppose that the discipline she received there would me^t with its reward, since, we fancy, ii Collector of Taxes depends for present sup- port, as he anticipates future promotion, mainly from his zeal or the importance of his services to the executive government. Be that as it may, we can narrate the subsequent history of Anne Fisher in one line. She became a common prostitute, and died the nu)3t wretched of deaths. Her compeer in zeal against Thomas Muir, was no other than the late Rev. Mr. James Lapslie, of Campsie, acleverman,butadeepanddesigning knave. When he had scarcely a sixpence to rub upon another he was assisted by Muir's parents, whom he bad known from his infancy. And alter Muir himself had gone to the bar, and vas rising to eminence, this reverend person not only kept up a correspondence 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 thiis acquired their unbounded confidence. He applauded the poli- tical tenets of Mr. Muir. Nay, he was himself a Reformer — or rather he j)retended to be so, for he actually recommended some of the very books charged in the indictment against Muir as being seditious. But the moment the ministers ot the Crown denounced Mr. Muir, that moment this minister of religion turned upon him like a serpent. His own sting would have been powerless, because, for aught that appeared, Mr. Muir had never uttered one syllrble in his presence of a criminal or seditious nature ; but, in order to supply that deficiency, he did not scruple to fish fi)r evidence against him in every quar- ter 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 they, the the Court had tness, that the s, when at last n their seats as apphvuse. At oinmaiideil tiie but the macer ill, " My Lord, rather tlie In- \f without hesi- liin " Guilty of ! conipliineiited e Court higlily now the Patriot I of Edinburgh iceivo sentence, ision. 't and heard the iticiary Judges, imhlic whipping iirred in fixing a seas for four- in pronouncing disgrace of the hich was given rit of discontent h circumstance lim, when con- After making —after, in short, ist Muir, he fi- inorable words : advert upon the seve- mcnt from the bar to 1 nuw do. .My mind ; I have engaged in a r later, must and will n!" on and dismay Rowan, one of icstenrd over to [onourable Col- onel IJuller, to challeiigi' thf Lord Advocate Duiuias. wiio was then the Lyndhurst of tin; day, for some gross ;ind insulting expressions in his s|)eech against Muir iouehing I lie Irish R.;- formers. Hut the Lord Advocate declined the cliiilleiige, shield- ing himself in his oilicial robes, although Mr. Hamilton ilowan was his superior in every resi)ect as regarded high birth and splendid fortune; and ^ir. Ilowan therefore posted him over the empire as guilty of falsehood ami cowardice. Meanwhile Thomas Muir had la.iguislud in Ldinburgh tolbootli, pent up in it like a felon for nearly three months. The exipiisite Tory torture still preparing for him was not yet completed. We can- not trust ourselves to describe it: but the following authentic extracts from the papers published at that period relieve us so far from the painful necessity. The first extract wc give is from the Scots Magazine, vol. '1th, p. (il7, thus: " Eilinlnirgli, Nov. ir>, 1703. " About eleven o'cloek, forenoon, Mr. Thomas Muir, yr.unger of thmtershill, was taken from Edinburgh Tolbooth, and conveyed to Ninvhaven in a coaeh, where he was sent on board the lloyal C!eorf;c, Exeisi; Yacht, Captaiu O^ilvic, lyiu"; in I.eith Roads, for Loudon. There were sent alonif with him, .lohn Grant, who was con- victed of forgery at Inverness ; John StirlinL', for rohbinir Nelllield house ; — • Bearhope, for stcalinR watches ; and .lames M'K.iy, lately condemned to death for street robbery, but who afterwards obtained a respite during his Majesty's pleasure. Mr. P.ilmer was also sent to liondon, in the same vessel, and on their arrival they were put on board the Hulks at Woolwich." But if the above statement be affecting enough, as it surely is, the friends of Humanity may well shudder at the follow- ing one, extracted from the Annual Register of 1793, p. 47: — " London, Dec. 1, 17'.K. " Mr. Thomas Muir, and the Rev. T. F. I'alner,* arrived in the River, from Leitli, 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 I'rudcntia, and the 'alter in the Stanislaus. They wire in UlONS among the convicts, and were or- dered yeaterdai/ to assist Ihein, in the common labour on the hanhs of the liiver. Mr. Muir w associated with about 300 convicts, among whom he and Mr. Palmer slept after their arrival." Not inapplicable to him did the most chaste and eloiiuent of English Poets exclaim : — " 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 And social, nip bis fruiffulncss and use. And doom hira for perhaps a heedless word. To barrenness, — and solitude — and tears, Moves indignation — makes the name of power As dreadful as the Manicheau God — Adored through fear— strong only to destroy." — Cowper. But it is consolitary to know, that the most distinguished ad- vocates of freedom then in thf. Senate, generously came forward and exerted themselves to alleviate the melancholy condition of I * Tried also, ami convicted of ictlition. XXXII MFE OK ij I. i Muir, il' not to avert his cruel fate ultoijether. The Ki,!,'lit Honourable William Adam, now thu veneriible Lend Chief Commissioner of the Jury Court, undertook to brinjr hi-i case under the consideration of the House of Commons; whihj the late Earl of Stanhope did the same in the House of Lords. In a communication with which we were lately hoiioured, from Mr. William Moll'at of Edinburgh, now one of the oldest, and amoiij? the last of the survivin^r personal friends of Muir, (and he too was persecuted to no small extent for his attachment to the cause,) he states, " In consetiueiice of some correspondence with Mr. Grey (now Earl Grey), Lord i.auderdale, and the late Sir James M'Intosh, I was informed of their intention to submit a motion to Parliament on the subject of these Trials, early in January 1794., which induced me, at the earnest recjuest of my friend Muir, to repair to London, where I arrived on 25tli Dec. 179:J. On the day foUowin<,s I paid my (irst visit to Mr. Muir, on board the Prudentia Hulk at Woolwich, where 1 was most agreeably surprised at finding Lord Lauderdale, his brother, Mtjor, afterwards Lieutenant-Geiieral, Sir Thomas Maitland, and Charles Grey, Esq. now our venerable Premier ! all seated in the Cabin of the Hulk, in conference with Muir, by whom I was specially introduced. At this interview I was invited by the noble Lord and Gentlemen, to call for them in London without ceremony, and give them all the information within my reach, preparatory to the discussion of the motion regarding the Trials in Parliament." But we must not omit to notice, that when Mr. Adam first gave notice of his motion, in the House of Commons, the illustrious Charles James Fox started up in his place, and declared that the sentence of Messrs. Muir and Palmer was illegal and abhorrent to the principles of justice. On the same occasion, Mr. Sheridan used these strong "expressions :— " No man, in this House, would dare to vindicate such a sentence, which if applied to a similar offence in Eng- land, would not be carried into execution. It would be enough to raise the people of England in arms. If (said he), his Ma- jesty's Ministers attempted 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. You charge us," said Mr. Sheri- dan, looking to the Treasury benches, " with making a party question of this, when we ought to have applied to the fountain of mercy. I know what mercy was shewn before any qiiestioii was made on this subject. I speak with some informatio • : I have seen those unfurtunate victims— I have visited them in those loathsome hulks, where they were confined among com- mon felons, not indeed with irons upon then., but with irons recently taken off, separated from each other, deprived of the comfort of conversing, and that on a pretence that there was danger of sedition in this society— as if, forsooth, two imprif ,. ' TIIOMAK MUIK. XXXIII '. Tl.e Ui/,'lit Lord Ciiiel briiiff hi^ case )iis ; wtiiiij till! of Lords. Ill ured, from Mr. est, niidnmoii<^ •, (and lie too itto tlie cause,) iivce with Mr. [I the iate Sir 11 to submit il fritds, early in re(|iiest of my rived on 25tli St visit to Mr. ;li, wliere 1 was uuderdrtle, his I, Sir Thomas rable Premier ! ice witli Muir, iterview I was ill for them in lie information of the motion lust not omit to Ids motion, in es James Fox ence of Messrs. lie principles of ;ed these strong [are to vindicate iff'ence in Eng- ould be enough ;i he), his Ma- cotland the law nd it a sufficient said Mr. Sheri- naking a party to the fountain re any question informatio ■: ; I asited them in id among corn- but with irons deprived of the that there was 1, two imprif :. ed men could create an insurrection. — I saw thf cjentleinen, and I boast of it; for whatever may be the feeling of some, I shall always be proud to countenance whomsoever 1 conceive to be suffering under oppression." On the loth of March, 1794, Mr. Adam brought forward his motion in behalf of Thomas Muir, in a long and able speech. "Feeling," said he, "for the honour of the country, for the purity of criminal jurisprudence, for the safety of the British Constitution, he had thought it fit to bring before the House a proceeding which had wounded and tortured the feelingfi of considerate men. 1 say that substantial justice has not been done to this gentleman; and if we have either the feelings or the hearts of men, we will not depart the House this night without an address to the Throne for mercy." Mr. Fox seconded the motion, and at the close of the debate declared that the whole of the proceedings on this trial were disgusting and monstrous to every lover of j.'stice and humanity. Chaui.es Grey, Esq. lik«!wise energetically supported the motion. But it was resisted by the Lord Advocate, and by Mr. Pitt, and negatived by a large majority — only 32 voting in favour of, and 17 1 against it. The motion of Earl Stanhope in the Lords 3 met with a worse reception, as it only found one single supporter to 49 against it. But that noble Lord recorded his protest against the " monstrous decision" on the Journals of that House, where it remains to this day. Seeing that there was now no hope left for him, in this counti'}', the then small but brave and united band of Reformers of Eng- land, connected with the London Corresponding Society, headed by Thomas Hardy, — the humble but we'l-k.iown veteran, whose life too was placed in peril by Ptt and his Attorney-General, El- don, on a trumpery charge of High Treason (there seems to have been a general crusade against the friends of freedom in those days) but thanks to the eloquence of Ersklne, and more to the integrity of an English Jury, he was triumphantly rescued from their fangs by a verdict of Not Guilty: a verdict that is now incor- porated with the history of England, and which probably saved England at that time from a deluge of blood, in her own peace- ful territory ; — seeing such a terrible and now apparently irre- trievable fate awaiting him, those admirable Reformers, acting in concert with the elite of the Whig party, presented to Thomas Muir the following address, composed, we believe, by one of the greatest masters of the English language, himself a true Patriot, vif,. the famous John Home Tooke. " To Thomas Muia, Esq. Advocate. " We behold in you, our beloved and respected friend and fellow-citizen, a martyr to the glorious cause of Equal Representation, and we cannot permit you t^^. leave this degraded country, without expressing the infinite obligations the people at Wrge, C .. -■'iM^iiBei^M^': XXXIV I.I IK Of iiml wo III p;irll.'iili.r, owr t.. y,.ii. U>r your v.ry »|..rit.M . s.rliu.w ii. ilia. nuH.. u,miii ov,.rv < ai.i..n ; Imt ntmn i„.tu- im.r- rnnH|>lcii.M.>lj ilia., >\imwx tlw mII.iiK ..f the n.il.'.s.l (•..NV.:sil..s Mf tl„. I'locii; at K.li..l,.irt:l.. u.i.l iti.' .•..,is.M,,„.iit prr.r Iillir (vv will iinl callit tiiiDalllir hiiroftho ('(mrtof.li'Hl.iMary. ., ■•. " Wo kn.nv n..t what ..i .^t .l.-..'iv..« ..iir u.lmiralimi. tlm siilf.idi.l tal.-i.ti wilh winch v.,., arc so c,..i..c..tlv .l,*lin-.i;-li..l. the cxalte.l virl.icH l.y which I l.cy have h.-cn .lircctcl, Ihc i.c.'M'Vcn,.c.. :,ml u,„|ai...tc.l nn.u.o. which yci ho nobly .li^plaNcd in rcVi.tin ' the wronu, of voci- i.is.iltcl niul npprcssc.l cMintry, or, y...ir |irc.c..t manly mid phii..m,nl.ical milTcrinu "".U'r an arbitrary, a.i.l. till ->r l"tc, .inprcccdcnlcd «mtcn<'fl -ascnt.'i.c... .nuM.rth.nm-tvii.diclivo an.lcrnci that has l.ccn ,.rr..icMinc.^d sine. ih.Mlnys ..r that m.Ht inr.nnM.is and cvcr-to-hcdctcKtcd Ciinrt of Star ( liainhcr. the p.iormoi.Htviannv of tthichcost the lirM ChiirlcHhishcad. ,.,,., „ ... " 'I'o voi'i and to v..nr a^sociiitcs we feel onrHclve* most deeply ind.il.tcd. tor U» it i.. Ihat vo.i arc .ulV.ii.iu ll.e »ci.tcnce of tran»porlation with felons, the vilc.t out- eaHl- of .ocielv ! l\n- .11 it i- that von are cond.'mned to the InhoHpilahIo shores ol New Holland'; where, however, we douht not you will oxperionrc cmiMderahle al- levialionhythcrem.-mh.a..ceoflhaf virfnonscon.hKt for which it ih imposed on von. and hV the sinwrc rc(iar.l and esteem of your fcllow-cifimis. ■ " The e.pml laws .)f this (•o.intrv have, for ajjcs past, hcen the boast ol ils inhabi- tunts; but, whither are ihev n..w iled? We uru animated l.y the same scntnnrnt... are daily repealina the- same words, and commitlin,; the same actions f..r which you ore thus infamo.i.ly sentenced; and we will repeat and commit them until wu have obtained r.>.lr.ss ; yet we ur.^ unpnnisned ! Ki^i- 1 iherefore the law is unjust towards you, in inrtictin« punishment on the exertions ot' ■ -tue and talents, or it ought not to deprive us of our share in the (ii.i)liv of the mart) ;lom. " We n«aiii, therefore, pledge ourselves to yo.i and to our country, never to cease demandinir our rights from those who have nsurped them, until. havinR obtained an Equal Reprcentation of the PeopUs wo shall be enabled to hail you once more with triumph to your native country. Wo wish you heulth and happiness ; and bo m- surcd we never, never shall forqet your name, your virtues, nor vouii iiREAT ex- ample. ,. ^ . , " The London Corresponding Society. ".lOHN LovETr, Chairman. " Tiio,MAS lUnDY, Secretary. " The l«h of April, 1731." But t'.e state of Muir's feelings, under tlie liorriil oppiession he suffeied, will be best iiulicated if we refer to tho following letter (printed also in tlie Appendix), written by hi.n from the llull , ; ^ f„/the, hope of iramorUlity, founded upon but la.ne..t '"J .«'«"='»^^^^^^ ^7 miZ accuse thJ Father of all justice and of all TrcT^wI se^r r B A blcLd b™ fjod, every thing in the great svstem of natun.. ™eryS^«^l'e little system of indivi.l.al man, corresponds with tlic great d.sren- r°;:^ltS£n:^S:'X:i::?:SXd me th. m prosperity , always dentofSShTnaysnpporUhe^ orluVCres could ha • sn,>ported an exile similar to mine, surrounded by the : rfe \;u Las'; of ^^cltv. withon! the aid of religion and of the example of Jesus. THOMAS Ml'lll. xxxv III lliiii r:UHi> upon ; tly -illiiiK iif till! ii'ilMciit prrKTrdinir I tulciiK with wlilcli ell llii-y hiivi- Itrt'ii I iiiilily iliitplau'il ill Miiir prt-iK'iit nmiily ri-('t'(lpiilt!iJ Miiti'iK'p I prriiKMiiin^J sini^i Star ('liaiiil)or, the f inil«'litc(l. For ui mis, ttio vilcit out- lospitnbld shores of irc roiniilernblp aU 1 it is imposed on I. boast of its inhabi- 10 same sontimontii, tion» for wliich you hem until wu have law is unjust towardn nts, or it ought not ntry, never to cease having obtained nn you once more with ppincsB ; and be ag- nr vouii iiREAX EX- ETr, Chairman. UnDY, Secretary. )rri(l oppiession o tl'o following )y him from the 10 sincercst pleasure ; ison we have to Isirn This lesson strikes , but by the example nil perfection. Much k moment, from some )nc of the hulks upon d every hand stretched ;s of nature ; I cannot ortality, founded upon r all justice and of all rreat system of nature, with the great disren- in prosperity I always rencc. , which, even indepen- if any of the illustrious ue, surrounded by the i example of Jesus. " I liavi! Iiui'ii nepaiMtt'il from Mr. I'aliiii'r, liii is in iiiic hulk, f luii in ii diHTiircnt luie. The M'|)urulioii is uii ml iil uniirceMiiry criU'lly. •■ (If t'vrry tliiii!/ ri'liitiiii/ lo my fiiliirf doittinaliiiii, I .iiii iitlcrlj iL'iioraiii. " llouiiiir nil' by your ccirrispiiiiilcmi'c, I uin sun- it will miii'lidiMli' my licail. •' Karuwcll ! my truly wnrlliy ami ri-spcclable friend. " Tiio>'AH Miim. ■ Wns till! iiiaii wlio could write siieli a Iclttr iiii infhhl, or a (liiii'^cirmis i iiiinii'tir to tlio peace and wellljeiinf of .sociily ^ iitit, as it'll) make the piniisliineiit inllieted upon liiiii >till more exijiiisite, llie Tory G'>veriiiiieiit ilctaiiied him in ihe ll-jlks till his feih)w i'omj)atriots, Skiiviii^, (lerrald, and Marfjarot, were sent np lo join him inider a siinihir .sentence ol'liie Iliffli C^oiirl of Jusliciiiry, then the Star Chamber of the (hiy. In March, I7i)l', the whole of tliese patriots, alon<>; with ^.1 iiuliv idiuiN, sonic of them convicted of jrross crimts and i lixh nieanoiirs, weru chained indiscriminately to^etlier, and sent on hoard the Surprise tran.sp«)rt, inuier sailinfj; ordiM'.s for New Soiitli Wales! Exlraortliiiary as the fact may appear, it is nevertheless true, that one ofthe.se convicts was n person of the name of Hender- son, belonj^ini^ to (ilasjrow, who had been tried ab(»iit twoyeurs before, for the murder of his wife. Thomas Muir was the Counsel who pled his defence before the assize so siiccessfnlly, that a modified vertb'et was bronr^ht in against iiim of culpabk lutmicide, which saved his neck and subjected him to trrnspor- tation, and now here he was going .out in the same transport with his Advocate, under all the.se harrowing and most revolting circumstances. O tempora, O morex ! Hut while Thomas R^"ir wa': thus treated by the Government of i'is own country, it resounds to the credit of the Government o{ another country, against which all the prejudices and animosity of England were then enlisted, — we mean the executive government of France ; who, there is every reason to believe, issued orders to its naval commanders to intercept, if possible, the transport conveying Thomas Muir, and to restore him to liberty in France. Some knowledge of tnis seems to have reached the ca|)tives, and to have betui betrayed to the English Government, for a Committee of Secrecy of the House of Commons was appointed, vide Par- liameninvy papers, entitled, " Second Report of the Committee to whom the several papers referred to in his Majesty's message of the 12lh May, 179*, and which were presented, sealed up, to the Hous.? by Mr. Secretary Dundas, upon the 1 2th and 13th days of the said month, by his Majesty's command ;" from which it appears that the Committee had before them an intercepted letter of Margarot, written by him just on the eve of the sailing of the transport, in which letter the following passage occurs : — " This morning ten ships of war have left Spithead for the Channel, and it is reported that the Brest (French) fleet is out." After, however, a tedious voyage, the Surjirise transport reached Sydnoy on the 25th September, 1701. Wo havf- iiid I XXXVI Mfi: nr i litlli: 1)1 tilt aj^oni/ed Hicliiij^s ol' his |i4i'eiUs on hU ilcparturi', l)ul tlif lollowing simple verses wiilleii beiieiitli his poiliait ul lliintorshill, which they cherished beyond all other etnthly objecls, at once spoke their le'lings, and soothed, in some dej^rce, their nllliction. Dudtni'il I'riiiii thin inaniiioii to u I'nrciKi' hwd, — To waxtf lii« flnyn ol" gay iind upriiihtly youth ; And all lor Howin^, with u hbcral hund, The HHfdt of that s Hlitiou* lihcl, Truih ' On arriving at Sydney, Miiir and his compatriots were, of course, plnccil under the surveillance ol the authorities in tiuit remote, then unpeopled and almost savage wilderness. But, wc rejoice to state, that every indulgence was there shewn to him, compatible with the rules of the colony. He was no longer placed in chains, and doomed to haril labour like the brute beasts. His inoffensive and gentlemanly deportment com- manded the esteem even ofhardened criminals and wild savages, which is more than can be said of his tyrants i.i England. Shortly alter his arrival, he thus wrote to his friend MolFat : — "lam pleased with my situation, as much as a man can be, separoted from all he loved and respected. Polmer, Skirving, and myself, live in the utmost harmony. Of our treatment here, I cainiot speak too highly. Gratitude will for ever bind me to the oHicers, civil and mditory. I have been constantly occu- pied in preparing the evidence and the defence of Palmer and Skirving. I liave a neat little house here, and another two miles distant, at u liirm across the water, which I purchased. When any money is transmitted, cause a considerable part of it to be laid out at the Cape or at llio, in rum, tobacco, and sugar, wliich are invaluable, and the only medium of exchange," &c. ^^ , In about a year afterwards, we find the Governor of Sydney, vi/. the late John Hunter, Esq. who, perhaps fortunately for them, was a native of Scotland, and a humane and liberal man, thus communicating his sentiments about them in the following letter to a relative of his at Leith, which was published in the Edinburgh Advertiser, in the year 1796, and fr»>m that source we extract it. " N. 8, Walc», I6th Oct. 1795. •' The four ^{cntlemen, whom the activity ol the Magistrates of Edinburgli provided for our Colony, I have seen and conversed with separately, since ray arrival here. They seem all of them gifted in the powers of conversation. Muir was the first I MW. 1 thought him a sensible young man, of u very retired turn, which, certainly, his situation in this country will give l«m 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 bo a sensible, well informed man — not young, perhaps 50. He is fond of farming, and has purchased a piece of ground, aud makes good use of it, which will, bv and by, turn to his advantage. Palmer paid me the next visit ; he is said to be a turbulent, restless kind of man It mnv be so— but I must do him the justice to say, THOMAS MCIB. XXXVU I hU departuri', > his portrait at I other eartlily in some tlt^^rce, )atriots were, of ithorities in that ihlerness. But, there shewn to iu was no longer r like the brute eportment com- tnd wild savages, iits i.i England, fiend Moffat: — I a man can be, plnier, Skirvhig, r treatment here, ever bind me to constantly occu- 3 of Palmer and nd another two Ich I purchased, iidernble part of m, tobacco, and mi of exchange," ernor of Sydney, s fortunately for and liberal man, 1 in the following published in the fri^ni that source S, Walc», 16th Oct. 1795. of Edinburgh provided since ray arrival here. Muir was the first I turn, which, certainly, r indulging. He said imstances with a proper I saw ; he appeared to ips 50. He is fond of id use of it, which will, r'isit : he is said to be ii • him the justice to say, ilci every nioiiicnt of his time to the best advantage. He Coinnjentnries on the Trials of I'aliner and Skirving, a tli(\l I hiH» *t>i*\\ Holhing of that dlnpoiition in him »inc« my Wrival. MurKarol tfiSOt- III ho n lively, f irptifius, lalkiitive man— romplaincil ln-nvily of ihc ifljtistlrc of his M'ntciicc, in wlilrh, howovi-r, \\v fimml ! coiild not iiijrm! with Mm I chose i<) .ippoini itirai) for not'ini; I'ach HiipiUiitolj, ami, mi tlii! wliohs I hiivi' tn say 'hiit iIhmt (joneral HJii.jt in (|ui«l, dfcent, :>iid onli'riy. If it contiiiuan no, they will not lind ino dis- )io«od to bu hiinh or diatri'»»iiiK to thoni." From iill the infonnatioii we have collected, we arc satisfied timt 'riiomas Muir did ii.)t and could not possible iiitt-rlain the most distant idea of elfecting his <.'scape from Sydney : on the eontrarv, li« hail i:vidently prepared himself for the full rigour of hib sentence ; and m this Irame of mind, so creditably attested by the Governor, he became more and more reconciletl to his situation, dreary and degrading though it was. lie employed wrote iiig, and he began l(» write a Treatise on the •' Libel Law of Scotland," — it task for which he was well (luaUficd — but we regret that nonn of these productions appear to have found their way to this country, and it is impossible for us to tell whether any of them are now in existence. We know, however, positively, that his conduct at Sydney was governed by those noble principles of Christian philanthropy which breathe through his letters. He took pleasure in improving the mental and corpoical condition of the wretched and less favoured criminals beside him — one proof of which, is the fact, that whereas, at that period, there was scarcely a book of moral precept in the Colony, and reli- gious instruction had there very few friends, he used to write, and sometimes to print, with his own hand, some of the most instructive and sublime portions of Scripture, which he was enabled to do from a small pocket Bible, presented to him by his mother as a memento of her eternal regard; and it will be seen, bye and by, under what miraculous circumstances this very book secured his safety, and preserved liis life. We now come to an interesting part of Muir's history. His trial in Scotland was reprinted and published in the United States of America, where he was likewise regarded as a martyr in the cause of Freedom. The immortal Washington became personally interested in his behalf; and some generous men in that hemisphere, touched with sympathy for his suffer- ings, (for they knew how he had been treated in England,) formed the bold project of rescuing him from his captivity. Accordingly, an American ship, called the Otter, commanded by Captain Dawecj was actually fitted out for this romantic but generous and philanthropic purpose at New York, towards the middle of the year 1795. She anchored in the cove at Sydney, almost at the very spot where Muir was, on the 25th of January, i796. Captain Dawes and some of his crew went on shore, alleging that they were proceeding on a voyage to China, and were in need of some fuel and fresh water. No suspicion about c2 ■INMMMI xxxviii ^'^^^ ^^ them was entertained. In a very little time, by chivalrous yet nrude.it exertion, Captain Dawes discovered riiomas Mun-, ami revealed to him the purpose of his mission. It is impossible tor us, or perhaps for human imagination, to paint the state and tlie feelings of both individuals at that moment. 11ns niuch we mav presume to say, that Thomas Mu.r couk only have re- •ranled this brave American like a guardian angel sent to re ease Sim fram the grasp of tyrants. Not a moment was now to be- lost Muir embraced his deliverer ; and on the morning ot the 11 til Februrry, 1796, he was safely taken on board the Ame- rican ship, amid the silent but hearty congratulations ot her .rallant crew. They instantly manned their sails and scudded from Svdnev. We have no means of knowing whether Muir was within 'the reach of his friends. Palmer, Skirving, &c. or whether he had any opportunity of disclosing to them the un- expected means of escape which had opened up to him, so as they also might have embraced it. But soon afterwards we find Mar^arot tlius writing from Sydney, to the old veteran, Thomas Hardv of London :-« Mr. Muir has found means^ to escape hence on board an American vessel, which put m here under pretence of wanting wood and water. She ,s named the Otter, Captain Dawes, from what nort in America I know not. It is reported she came in here for as many of us as chose to go. This honourable trait, however, in the conduct of Muir must not be overlooked, namely, that he addressed a letter to he Governor at Sydney, expressive of his grateful thanks to the Governor for tL kindness he had shewn him, and intimating that he was now on his way to the United States of America.t Preparations were there making for receiving him as an adopted son and citizen. But although h- was thus apparently released of his sufferings, he soon became more than ever the child of misfortune. After being at sea for about lour months, the Otter was shipwrecked ! She unfortunately struck a chain of sunken rocks, near Nootka Sound, on the west coast of Nortli America, and immediately went to pieces. Every soul on board perished except Muir and two sailors They alone reached that desolate shore scarcely in life ; but they were soon pounced on bv a tribe of Indians, from whom they expected nothing but inevitable cruelty, and a more horrifying death than that which their friends and fellow messmates had just met with in a watery jrrave But the Indians laid no cruel hands upon them : true, thev were soon separated from, each other, and never met again, neither is it known what ultimately became of the hapless mari- ners, but Muir himselt; after subsisting tor several weeks on the raw fare, such as it was, of these savages, (were they not better than the savages at home ?) effected his escape from them. He ♦ Vide Edinburgh Advertiser of 1799, P- 109- , f Vide Paterson's History of New South Wales, p. -i-SO. THOMAS MUltt. XXXIX chivalrous yet mas Muir, and I impossible for le state and the This much wc . only have ra- 1 sent to release was now to be morning oi' the >oard the Ame- Ailations of her Is and scudded whether Muir ikirving, &c. or ;o them the nn- p to him, so as rwards we find* veteran, Thomas leans to escape t in here under amed the Otter, know not. It is IS chose to go." It of Muir must a a letter to the ill thanks to the , and intimating es of America.t ving hini as an 5 thus apparently )re than ever the lout four months, ly struck a chain ;st coast of North ery soul on board ey alone reached ere soon pounced ected nothing but h than that which t with in a watery ipon them : true, I never met again, the hapless mari- reral weeks on the re they not better ; from them. He is, p. -230. ' ' ' had now no human being to direct his course. The stars of heaven were his only guides. And in this abject and forlorn condition he travelled almost the whole of the western coast of North America, a distance of upwards of 4000 miles, without meeting with any interruption. At last he reached the city of Panama, the first civilized place he had seen since he left Sydney. It was then under the juris- diction of the Old Spaniards, wlio were extremely jealous of the appearance of any stranger in their dominions. Mr. Muir fortunately had acquired some knowledge of the Spanish lan- guage, and he found his way to the nresenct- of the Governor, who was struck with his dejected ancl miserable appearance, for by this time he was almost wholly destitute of clothing, and his limbs were sorely mangled. Influenced by the principles of probity and honour, which he ever regarded, Muir at once pro- ceeded to relate to the Governor a history of his misfortunes, and he had the satisfaction to find that the Governor listened to him with the most humane attention, and supplied him with nourishment and raiment. This hospitable cotiduct greatly comforted him, and the more so as the Governor gave further orders that after reposing in Panama for some days, he should be escorted on his journey across the Isthmus of Darien, by guides to be sent purposely with him. After crossing that singular tract of country, Mr. Muir directed his course to Vera Cruz, the grond sca-pcrt of Mexico, in the hope that he would find a vessel wherein he might be carried to some port in the United State s. On reaching Vera Cruz, (a fur- ther journey of upwards of oncthousand miles, and still performed on foot, ) M uir also waited on th e Go vemor of that place, and made his situation known to him. He candidly explained to the Go- vernor the reason why he had been transported from England; and this gentleman, no vessel being there for America, gene- rously undertook to provide him with a passage in the first vessel that sailed for the Havannah. Muir now suffered a severe attack of yellow fever, but tho-igh he was a stranger and penny- less, every considerate and humane attention was paid to him by the Spaniards. On his reco 'ery he was tp.ken on board one of their vessels for the Havannah, where he was soon safely landed. But it seems the Goveri.or of Vera Cruz had trans- mitted a dispatch to the Governor at the Havannah, stating, that though he had shewn every civility to Mr. Muir, he con- sidered that a man of his principles would be dangerous in the Spanish dominions, and therefore recommended that Mr. Muir should be sent home by the earliest opportunity to the mother country, in order that the King of Spain might determine what should be done with him. On this the Governor at the Ha- vannah now acted. Muir was committed to the prison, or castle, of La Principe, on the north side of the Island of Cuba. He SMI ■ .d i i1 i II M Xl LIFE OF was obliged to sleep in a clamp and disagreeable bed, which af- flicted him with acute rheumatism, and brought on a loathsome disease, at which the heart revolts. Some humane Spaniard sent him a change of clean linen— the greatest luxury he had enjoyed for a long time : and though his confinement was not rigorous, he was greatly vexed to find that there was no Ame- rican Consul, or Agent, at that time at the Havannah, to whom he could have applied for relief— his ardent wish still being to reach the United States, if possible. Having thus been detained at La Principe for about four weeks, he was informod that he would now be transmitted to Spain, in one of two Spanish frigates, then receiving a rich cargo of specie for the government at home. During the voy- age, lie wrought, and was treated like one of the common sailors. But now we come to his last sad and tragical disaster. The Spaniards were congratulating themselves on the ap- proaching termination of a swift and prosperous voyago, for they had now nearly reached the harbour of Cadiz, little tliink- ing that a British squadron, under the command of Sir John Jervis, afterwards created Earl St. Vincent, was there snugly waiting to intercept them. On the morning of the 26th April, 1797, two frigates, belonging to that squadron, viz. the Emerald and Irresistible, got their eye upon the Spaniards, and instantly gave chase. In a few hours they approached each other within pistol-shot, and prepared for action. It was a fierce and bloody one — lasting for some hours: but the Spaniards were vanquished. Towards its close the unhappy Muir was struck in the face by a cannon ball, and lay among the dying and the dead. The following account of the action is taken from the letter of a British officer to his friends in Scotland, published in the news- papers of the day : — •' HU Majeaty'ii Ship Irruinible, At anchor 0^ Cadiz, S8th April, ITSfl. " On tho 26th inst., lying off here, saw two strange ships standing lor the harbour; made sail after them, with the Emerald frigate in company ; and, after a chase of eight hours, they got an anchor in onf of their own porU,_in CaniUe Bay. We brought them to action at two in tho 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 tolten during this war. A viceroy and his suite, and a number of general officers, were on board of one of them. I am sorry to gay that after they struck, the finest frigate ran on shore. We, however, got her off at 12 at night ; bu^ from the shot she received, she sunic at three in the morning, with all her riches, which was a sore sight to me, especially as I had been on hoard her. We arrived here with our other prize, and are landing our prisoiiers. Among the sufferers on the Spanish Mde is Mr. Thomas Muir, who made so wonderful an escapfe from Botany Bay to the Havannah. He was one of five killed on board the Nymph by the last shot fired by us. The officer at whose side he fell is now at my hand, and says he behaved with rtnurage to the last."* • Vide Edinburgh Advertiser, June, 1797, p. 349. " ',*' J*** THOMAS MUIR. xli bed, which af- >n a loathsome lane Spaniard luxury he had ;nient was not ! was no Anie- mah, to wlioni I still being to or about four transmitted to ceiving a rich uring the voy- f the common agical disaster, es on the ap- us voyagt', for ,iz, little think- id of Sir John s there snugly the 26th April, iz. the Emerald i, and instantly 3h other within irce and bloody ere vanquished. !. in the face by he dead. The the letter of a ed in the news- ii Ship Irretiniblc, diz, &th April, 17'J7. ling for the harbour ; ind, after a chnse of I Canille Bay. We ibrcast of them — one ', when the Spanish towns and harbours, vice, and two of the a number of general ifter they strucii, the night ; but, from the r riches, which was a ^e arrived here with ferers on the Spanish m Botany Bay to the the last shot fired by says he behaved with ^9. But see what follows : — When the action was over, some of the officers and crew of the Irresistible boarded the frigate in which 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 position 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 dreadful spectacle, as one of his eyes was literally knocked out, and the bone and lower part of the cheek lay open, with a horrid gash still streaming with blood. Some of the sailors believing him to be dead, were in the very act of lifting him up to throw him overboard, when he uttered a deep sign, and the book fell from his hands. The officer alluded to took it up, and, glancing at the first page of it, he found these words: — "This Bible presented to Thomas Muir, by his afflicted, but affectionate mother." He was struck witli astonishment. Thomas Muir had ho " Thomas Muir then addressed the meeting in the following terms :— - ■« " ' Citizens, 1 am n .t accustomed to siieaktbe French language in public ; butwcrf < VIdr Edinlnircl; Advertiser, 1707. THOMAS MUIII. xliii le KTcnt Uepublic will i friends, who are the Fcr, "Thos. Mum."* communication Foring to confer ut iirjjently and !r of his days in issed and perse- and only known luse of truth and from one of the gratifying in the it unnecessary to 1 which could be d up this invita- rnmeiit of Spain brd every facility into the French ght be supposed re given to him, awing account of 1 landed at Bourdeaiix, marks of affection and bfed to inspire. GrdHde-Qttille, waited would experience if he lation. ry interesting spectacle. I are held was decorated af musicians performed the worthy father of a offraterniiy to Thomas )crty, in every country, era, Myrtles, and Lau- e Hall manifested a de- raed by shouts of Live id iquet, during which the most pure Republican were, The French Re- ly of England : may it, Thames and the Seine, r Scotland and Ireland, stated the persecutions friends of Liberty talte g terms : — • "*** inge in publif ; but wcrf I endowed with ail the facility of speech and eloquence it is possible to possesn, I should tint bo ahio to cxprens the sensations I now feel. I am transported with joy to tind myself at this moment among you ; but when I compare my presiunt situation with my brethren and countrymen, who sigh in dungeons or languish in exile, I ex- perience sentiments of the most profound melancholy. " ' Thanks to Ktornal Providence, ihe liepiiblic has once more been saved. The Liberty of tlip Universe is not yet lost. The Patriots of Kiiglaiul, Scotland, and Ire- land, will soon l)rcak their chains. They will combat along with you under the standard of I'lct'dmii. I'cnnit mc to speak to you in their names. The same spirit which animates vdii, iniimules them also. They are worthy of your esteem, for they aspire after libfilv. We slnll one; day be free like you ; and then by our sincere af- fection, we will prove to you that we are your brethren." " lie reiiclii.!tl Paris by slow and easy stages, on the 4th of February, 17})8; and on the fith of that month he thus wrote to tho French Directory: — " Citizen DiRKL-rons, — I arrived two daj-s ago at Paris, in a very wf .tk and sickly state. " Permit me to ex(>rosg to you the entire devotion and gratitude of my heart. " To you I owe my liberty. To you I also owe my life. But there are other consi- derations of infinitely superior importance, and which ought to make a forcible im- pression 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 oppression. " It is unnecessary for me to make protestations of my love and veneration for the Republic. To ray last breath I will remain faitlit'ul to my adopted country. " I shall esteem, Citizen Directors, the day on which ! shall have the honour to be admitted to your presence, the most precious of my life ; and if I have passed through dangers and misfortunes, that moment will for evur efface their remembrance, and amply compensate them. " I have the honour to be, " CiTl/EN DfRECTORS, " With the most profound respect, " Your grateful and devoted servant, " Thomas Muib." A deputation from the French Government immediately waited on Mr. Mun*, to congratulate him on his arrival in Paris. His company was now courted by the highest circles in France ; and indeed lie acquired the sympathy and esteem )f all classes in that great community. This is shewn by the fallowing letter, written by him to his relative, Mr. William Muir, then at Ham- burgh. " My UEAii Sia, — I wrote you from Cadiz. I have long expected to hear from you; I am impatient to know the state of my father's family, which, as all communi- cation is closed between England and the Republic, is extremely diflTicult to be pro- cured. I am not yet recovered from my wounds ; but I havu teceived from the Government of this country the most generous and the most soothing treatment The day will come when that country which gave me birth, emancipated from the yoke of cruel and persecuting tyrants, shall press forward to testify its gratitude. I may pro- br.Mv soon pay you a visit at Hamburgh. I have, after an exile of five years, much tu ■ li, and much to learn. If it is possible for you, inform my parents that if the gratification of aimost every wish, and the sinccrnst proofs of a general esteem, can render a man happy, I may, paying the purest homage to tho French Government, and to the French nation, lay claim to that happiness ; but my mind is greatly agitated when I rofleot upon the aflliction wiiich I have si> Iniig occasioned to them ; not xliv LIFE OF THOMAS MIUR. 4 f; l# however from folly or extravagance, but from ray attachment to liberty, and'^io noblo cause of humanity. " I am, my;dear Sir, " Your affectionate Cousin, "Thomab^Muik." '• lit May, 17!ia " Maison D'Espagnc, No. 5, Rue Colonibieri a Paris, " Ad(lres««d " Au Citozcn " William Muir, " Bcossnis, " Negotiant, " a Hamburgh." Nothing, in short, was wanting on the part of the French nation to nialie him happy— and of this, the grateful iiomage 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 died in peace and tranquillity, at the beautiful village of Chantilly, near Paris. When his venerable parents, who had been made aware of his escape from Sydney, and of all the details of his siibscquent eventful life, received the intelligence of his death, his mother clasped her hands, and, in a flood of tears, exclaimed to the individual who first broke the intelligence to her, and who yet lives to tell us the fact — " / hless Gwi that in his mercy he has now released my son from aU his tyrants." Shall no Monument be erected to Thomas Muir— this glorious martyr to the cause of Freedom i* " Far may the boughs of Liberty expand. For ever cultured by the brave and free ; For ever withered be the impious hand, That lops one branch from this illustrious tree : Britons, 'tis yours to make its verdure thrive, And keep the roots of Liberty alive !" )erty, and tlie noble iin, Thowab'Muiii." of the French eful liomage of sible. But his ; had received ds, viz. on 27th iquillity, at the mnde aware of his subsequent ith, his mother (claimed to the ir, and who yet is mercy he has r — this glorious IHK Tin A L or riroAiAs Murii, ksq. ahvocatk, YOi'NOF.ii (ir iii'NiTiismi.i . Tin: High Court of lii«tiriary met at K(liiil)iir};li oti I'Viilav, tin- UOiii Aiijiiist, I7f);j, at 10 n'cldi'lv, t'lirciioDii. .Judiir.!) firi-tent. TIk; Loill; Jirslicu Cl.KllK, M'Qcf-.KN ; Lords HF.NDr.iii.Avr), DlINSlNNAN, SwrsTOM, nnd ABimcllOMIIY. Mr. Miiir, who had ()htiiiiioii lntwi'cii tlu' |ir(*tiMiili'il I'xiiiiiin KOMTiiiiH'iit III' l-'rilili'i! anil llir rvcriiinriit; Iw rinli'ivoiircil to vllily till- inoiiiiri'liiril piirt of tlir i'dii- ■tiliilion, iiiid to n'|ir< tout it an iiiii'li'iw, ouiiilii'miiiili', aiiiJ i'X|n'iiitivr : At Icunt, the Miiiil 'riioir.ikx Ml ir iliil imc wnnb nml •ru'iini'iitiiol 'li'''''li"*'' si'ililimis Irndi'ii'y anil iiii|)iirt. l''iirllii'r, tin' '•itiil TIiiiiii.'i.h .Miiir iliil, somi'tiini- iliiriii|{ llif riiiir.Hc of SoptomlHT, Oi'tiibiT, or Novoinbcr, I7(fi, in till! |ii\Mi III' (fiiiaKow in tlio t'oiiiity of Lanark, Kirkintillocli in lliit parinli of Kirkiiitillix'li and county of Duinbartou, and Miltoun in the puriiili uf I'ltinpniu and eouiity of Stirling aforesaid, and el»o. wliero, wickedly and foioniomly exiiurt and advise .levural periona to purchaic and peruM) various Kuditiuua pumphielii and writings ; I'artioularly, the »aid Thomas Mnir did, soinetimu in the month:* afore- said, within \m father's house at (ilasRow aforesaid, or some otiier place to the Pub- lic Prosecutor unknown, wickedly and fe- luniuutly advise and exhort John Mnir, goiiior, late hatter in (iliUKow, Thomas Wilson, burlier in (iiosKow, and Jolin liar- clay, residing in the parish of Calder and county of Lanark, to read Paine's Kights of Man, and to purchase the same ; which book or pamphlet, cntituled, I'aine's HIkI''^ '^I '^ian, is a most wicked and se- ditious publication, calculated to vihfy the constitution of this CDuntry, to produce a spirit of insurrection among the people, and to stir them up to acts of outrage and opposition to the established governiuent. Further, the said Thomas Muir did, in the course of the months of Septcraber, Oc- tober, or November aforesaid, wickedly and feloniously distribute end circulate, or cause to be distributed ond circulated, in the towns of Glasgow, Kirkintilloch, and Miltoun aforesaid, and at Lennox- touii, in the said parish of Corapsie and county of Stirling, or elsewhere, a number of seditious and inflammatory writings or pamphlets; particularly, a book or |)am- phlef, entituled, ' The Works of Thomas Paine, Ksq. ;' Also, a writing or publica- tion, cntituled, ' A Diclaration of Rights, and an Address to the I'eople, approved of by a number of the Friends of Reform in I'nisley ;' Also, a (Kiper or publication, cntituled, ' A Dialogue betwixt the Go- vernors and the (ioverned ;' Also, a paper or publication, entituled, ' The Patriot:' Parliciilarly, llie tmA Thomas Muir did, I'liini' tiiiii' ill III!' innnlli nf OcIhIh i 'ir Niivcinbi'r alori'said, iit Kirkiiitillmli, afiircitaid, or at some iithrr pliu'e to the Piibli:- I'riisciMitiir unknown, wickedly and fidonioiisly deliver a.id put into the liaiidt of Henry Freelaiid, weaver in Kirkiiitilloi'li, u AcditiiiUA book or pam- plili't, eniiinli'il, ' The Wiirks of Thmnat Paine, l'.*\.' which the said lleiiiy I'reu- land cari'ii il aw.iy with him ; which book or pamphlet, nlnni; with the nlhcr wicked, Ai'ditioiiA, and inllaininiitory passage^, con- tains the folliiwiiij : — •' Paine's Works, p. 1:1 ' Monarchy H rankeil in Scripture as mie of the sins of the Jews, for v»liich a iiirse in reserve is dciiuuiici il against them.' " P. M. — ' 111 short, monarchy and successiini haie laid not this or that king- dom only, but the world, in blood and ashes ; it is a form nf government which the word of (,iid bears testimony against, and blood will ttteiid it.' " P. 'Jl.— ' Why is the constitution of Fnglaiid sickly, but because monarchy halh poisoned the republic '/ — the crown hath engrossed the comninns. " ' !u Kngland, a king hath little more to do thun to make war, and to give away places; which, in plain terms, is to im- poverish the nation, and set it together by the ears. A pretty business, indeiHl, fnr u man to be allowed eight hundred thuiu sand pounds sterling a-year for, and wor- shipped into the bargain ! Of more worth is one honest miii to society, and in the sight of God, than all the crowned ruf- fians that ever lived.' " I'. 7H. — ' What are the present go- vernments in Europe, but a scene of ini- (]uity ond oppr'ssion '!■ What is that "f Kngland '/ I>u not its own inhabitants say it is u market where every man has his price, and where corruption is common trnliic, at the expen.' t of a deluded people? No wonder then that the French Revolu- tion is traduced.' " i>. 80 ' Hut the iicond head, that of a nation establishing a particular family with heredttary power; does not present itself as despotism, on the first rcflectioD ; but, if men will permit a second reflection to take place, and carry that reflection forward but one remove out of their own persons to that of their otf'spring, they will then see tha. hereditary succession be- comes in its o 'iiscquences the sami; des- potism to otiie.-s which they reprobate it for themselves.' " P. H6. — ' It operates to preclude the consent of the succeeding genera- Tlinma* Miiir did, mill «( Oclciln I "r , at Kirkiiitill'H'li, iitliiT jilaco to llio iiiikiiowii, wickfdly IT a.id put into lliu ri'rlaiire every man has hi* corruption is common in of a deluded people? lat the French Revolu- the iicond head, that of ing a paitieular Tamily wtrt, does not present , on the first reflection ; rinit a second reflection d carry that reflection emove out of their own [heir oflspring, they will ■editary succession be- >quences the same dc»- vhich they reprobate it operates to preclude he succeeding gcnera- IIIUAMS .Ml 111. linn, and the preeluiioii o| roniont is ih-«- piili'in.' •• I'nrI II. ji. .Ml • All liere lliicks anil herds.' " I'. :>\ 'llicict eallcl the Hill of liiKlitt eiiiiici> here into \iew. Wlinl i« it but II liar);aiii uliicli llic parix of the uo- vcriiinciit mailc with each other In divide ponerx, profita, and privileges? N on xhall have so niiirh, and I ihiill have the rrHl ; and with renpcct to the nation, it saiil, lor i/niir ihare vol' »/i(i// liiivr the riiiht of pe. tUioniny. 'I'liis being the case, tint Hill of Rights in more pro[ierly a Kill of Wrongs, and of insult.' " I'. ;i4 'The attention of the (Jo- vcrnmenf of Kngland ( for I riither choose to eull it by this imine, than the Kii(![liali (Jovernmenl, ) appears, since its political conneetioii with (iermaiiy, to have been so completely engrossed and absorbed b\ foreign affairs, and tht means of raising taxes, that it seems to exist for no other purposes. Domestic coiieerna arc ne. glected ; niid with respect to regular law, there is scarcely such a thing.' " P. \'M. — ' The time is not very dis- tant when Kiiglaiid will laugh at itself for .sending to Holland, Hanover, /. ' or Hrunswick, for men, at the expense a million a-ycar, who iinilcrstood neither her laws, tier language, nor her interest, and whose capai-ilies would scarcely have fitted them for the otVice of a parish con- stable. If government could be trusted tn such hands, it must be some easy and simple tiling indeed, and materials lit for all the purposes may be found in every town and village in FiUgland.' " And the said Thomas Mnir did, some- time in October or November aforesaid, within his own or his father's house at Huntershill, in the county of Lanark, or at some other place to the Public Prosecu- tor unknown, wickedly and feloniously put into the hands of William Muir, wea- vcr in Kirkintilloch, eleven numbers of a seditious book or r"">phlet, entituled, " The Patriot," which the said William Muir carried away with him, and kept pos- session of ; and which book or pamphlet contained among others the following se- ditious passages : " Patriot, No. V. pp. 108 and 169 ' They h.ive lost the distinguishing char- ,\ •-' I acter between Ircemen and ilnvrs ; they have lost the diiitiiigiiishiiig character of Kngiiahmeii ! Tlicy have lost what ihi- niMHt tuaiinical King" of Kiigland woiilil never force from tlicin ' 'I'licy lu»e, in a great incnsnre, luxl what tlicir forefathers ipciit tlii'ir blond and ticamire to ilrfend — the greatest jewel that any people can pimtcas — their eoiistitiiliniial and natural liberty — their birth-right ami inheritance derived frmn < iod and nature ' They have lost the eoiKiitiitional means of ri'dress for all their grievances > SVInit is it indeed they liavi- not lost by that hated septeii. Ilia! law, which has fctleieil down the elective power of the people, like n dog to a manger, whoisnnlysulferedlogoaliroad oner in itren f/eiiri lor an airing '" "No. VI. pp IW4aii(l iK.j ' llousc, then, ye Uritniis ! Awake from the slum- bering state id" apathy in which yon have so long siill'ered yourselves inglorionsly to remain '. Open your eyes to the inju- ries which have been heaped 011 you ; and assert your rights to have them redressed I Kvince to all the world that you are the true descendants and sons of your once famed glorious ancestors ; prove your- selves worthy to inherit, in its highest de- gree of perfection, that coiulitutiim which they raised by their valour and cemented with their blood: — Haise your voice — the voice of the people — and sound in the ears of Tyrants, and their abettors, that ynu will be J'rte, and you are so . that voice is ilie noble, the mighty ,/Ja<, which none can, or dare to, attempt to gainsay.' " No. \I. p. ;)75. — ' And what would he ( Karl of Chatham ) have thought, if he had lived to hear people now talk of n hafipy and glorious constitution, evidently built upon corruption, and supported by peeulatiiiii ? And what would ho have conicctnred, had he seen a proclamation issued to intimidate and prevent the people from exercising their right of conferring upon, and publishing their grievances?' " No. XII. p. 414 • But we should ask, here, what is the difference between a King of England taxing his subjects without consent of Parliament, and taxing them with the consent of Parliament, which Parliament the King, or his Min- isters, can influence as he pleases to ap- prove of war or peace, and to vote such supplies as may be required ; no matter how grievous or burdensome, nor for what base or corrupt purposes they are granted : one would think that the latter method is nqi'olly oppretiive, and deserving of re- probation for being done with a seeming legality, and under a form and semblance I ; nil M oi iif fiinnHMioHiil prortsltiri*. ihii |)L'n|ili< nrc m.iili' |)iirtii''> to llii'ir iiwii ii|i|)n'4 llir lir;i. vip"t iiijiirii'i,' " I'. 4 IK ' lliT(!Wi'«('<'i liiirlyllii'ori. ifin nf the iniinriio' live, .riHVii l.inilril properly of (iiir race of iiolilr* mid rich romiiioiiorit ; ji iIuIiI fniiiidrd in niiirdcr, di'iolatinii, rapiiii', mid proHiriptioii of lln- llntl otviii'i'i anil IioIiIith of tlic landcil pro- pcrtj in llii* Liinfiloin, aiii'Mii.' onr Saxtni iinci'nlor!!; and liv liiii wo may raiily tini'c Ihi) nifaiit liy tvliicli onr nobility mi; a( tliiii nioini'iit, not only in piK'ii'sniini of one liraiii'li of ilii' liui-lalnn-, In licri'di- tnry <'l:iini. t'Ol liy wliicli tlii'v lian' nl»o moMopoli/cd, »itli the addition of a lew rlrli conimonc », thr nfijurih) »/' viiict in Ihf Hoimr iif Ciiiniwmt, ivliicli, Hliaino lo toll, i« liarcl'ariMlly callrd the Ucpriiiicn- talion of tlio I'lK/tli: Tliit we pli'dro nur'<(dv('s to pnuo to tin' «ati«la(iion of our rt'adiTH in tlic (•onric of lliis ivmk, and indeed of a lew more nnmliern.' And tlie said paper or ;iid)li."ilio i, en- litiiled. "A Deilaralion of |{i;jlil<. ai d Ad- drew to llie I'eople, approM'cl ol liy a iinmb'T of tie- l'Vieiid» of Heforni in I'liin- ley,' di'trilinteil and riiciilati'd a» jd'ore^aid, enntaiiied the loll.uvinn pnw'ilie'' ■ " I'altlcy Declaration, p. 4. — I. 'Ileintr snhjeet to the le^'i. — ;). ' .'^honld > iiiinotassneiateiii your own eaiKo, and "miIi one voice ? the •niee of uinited mil ms demand reform iin the national rephr sciilation.' " V. H l(». • Mnt liuch a Parliament <-mnnot he had unless we will revert to the •first [iMnneiples of onr eonstltnlion, which we Kjive so shaniefidly ahandoned. A ({ovifnimciit where the oxeentivc ant are in a state of tLuiri/. If the »dl of the I'rinee must he luu; in whiil munner it is announced, whether the maiwliMt' issue directly from the tlinme it- sell, ortitirouah the medium of the House of Commons, is a matter ol iiidill'ereiiui>. it that a4 parliament is our only ar Mirity ai.'ain«t an urhilraii/ powi'r in the ( rowti, eleclion itself must he not only the com- uioii riuhi, hut till' cimimon iliil;/, of all the people.' " I'. I.'i ' Hut the evils nf lontf Par- liaments — are ihi'y not wrilt( n in lian and in lihiml f Ami have they li'ft iii aiiLtht of lilierty lint the name ' Willi the poor exception, then, ol one year of free- doin in »rrniy and that ill lavoiir innstimliii liiifil li'it/iimt hiiihf fffirt'iientnl^ anil t'tintfirtteii to iitii'if tiiit'n In whii'h i/ini iifri'r i/itt'f it%i:i:nt. All- not thcM' the very deliuitions id' sla- very ? And, .lie \ou not thus dc^radeil lo a level with llic very I'nilli in tin' field, and the shei'p in llie fold ; which are a properly to those wl o rule ovcilhem, and linve til) jiitu'ir In siiii, why aie we himolit and sold? why are we yoked and lailcii with lieavy liurdcus .' why arc wr Jlircnl ami led to the ^lau^llter / Demand, then, with one voice, friends and countrymen, llial sli'iic in inakino your own laws to which, liy the coiistilulioii and the lawsnj ualnre, you are entitled ; call for the Hill which would restore your lost constitution, and recover yonr stolen riulits ! I'ursiie the only cinusc which can ever ellect any eonsidcrililc rcdiii'tion of dchls and taxes, or materially advance the interest ofinaiiu- faclures . id commerce ! In liort. he free, piosocrons. and liapp\ ' ,uiil ijive your posterity the same cause to revere your memories, as you have to hicss Mo« /irDi/i niton who led yon an inherilanee In a free eoiislitution." " And the ahove writlnjj or puhlication, cnlituled, ■ A Dialoouc hetween the (iov- ernors and the (iovciiied,' distributed and circulated as nforesnid, contained, anioii'.' others, the I'ollowini; pinsajfu : • Citil Governors. The law enacts that yc he sidnnissive. ' I'eopli: The law is the Reiieral :ciU. n new order. ' ri'i'iV (lovnnorn. You will be a rehcl- lioiis people. ' l'eo]ile. Nations cannot revolt ; tyrants are the inily rehrh. ' Civil d'Dirnorx. The Kiiil! is with us, and he eommiarids you lo submit. ■ I'fiiplr. llie KinL'lv otVici' orltjinates IIIO.MAH Ml III. Iter nl inililVi'ri'iiL'i'. I IdH'Iit ihi' ri'prr- ili', III)' I'liiKtItiitioti ini'ii will) iiri' tniil In I In' rniittirt of lIlP Tiiiiii'iil i« ilt'ijoiu'r- MiiiKtrchi/, Sini'i' i< inir "Illy «o 'iirlty cuviT in till' ( 'rcivvii, I- not only tin' coin- iiininoii iliiti), ol' all pviln ol' loiii/ Pnr- lot written in tinri 1 li;ivi' llicy li'lt m 11' nmiic y Willi tlio III om' yiiir ol' Irt'o- liat in liivoiir ol not li(> nation, it is ili'- iirii inintiintl>i Inxed teil, iinil enmprlled In iiK iiiiur (/nil! ii»i:!:iit, ry iletiniliont ol' sla- 1 not tliiH ili'uradi'il •ry ciilllf ill till' tii'lil, II' I'litil ; wliirli arr a I mil- over tlirin, anil why aiv we lioui;lit wi' yoki'il anil lailon ' wliy ill!' wr tlm'fi( lU'vf Dniiami, llifii, kU niid roniitrymi'ii, n; vonr own liiws to liition anil the lawiol lli'il ; call lor 111!' Hill your lost ronstitiition, ili'ii riulilsl I'nrsiic ■h ran rvor I'll'i'rt any 111 of ilclitsanil taxt's, ithointprcst ofmanii- icrcn ! In »linrl. lie III lia|i|i\ ' iiiiil itive sanu' raiisi' to revere ■oil Inm- to l)l<'ssMo»e yini nn inliuritniico in vrifino or publication, rill' lictwci'ii the (iov- ovcnii'il,' ilisiribiileii nforcsniil, contained, ollowini; passajrc : Till! law enacts that ye V is the Reiiernl will, a Yon will be a rebei- cannot revolt ; tyrants 'I'lii' Kinif in with us v'ou to submit, inijly otVu'c oriRinates III the |ii'o|ili', who elect one nl tlll'inieltex (ocHciiite It for llie i.ilile from llieir nations, I'he Kiiiit ol oiir*, Iheii, riiH(iii< be with you ; ymi only |ion4e>it liiii phaiiloni. Anil tbe .Milil.iry (ioMrnorii •>te|ipiinf lorw.iiii, saiil, "The people are liiniil, let n» men ice tliein, ihey only obey loree. SnlJiir»,iliitliti lliininiiiiliiilriililili'." ' I'mfilt. Soliliern, you are of our own blooil ' Will Mill strike your brothers .' If llie people pen-li, tvlio will inaiiitain the army ! — Ami ibc i.olilier«,Kroumliiiif their arniH, naiil lo their chief*, " We almi are the people, we are the eiieinien of ." ' Whereupon the Ectlninilif il liovrrnnrt said, " There is now but one resource left. The peo|ile are iiiper^litiomt ; we miKt frighten iheiii with the name of ( ioil, anil III Kclii!ioii, — Our dearly belo\ed brethreii,oiu (hildrrii! (iiul biHiippuintud ns III i.'on'rn you." ' /'lo/i/f. l'rodu"o lo lis your heavenly powers. ' I'lifsit. Vim must have I'ailli ; roasoii will lead you astray. ' I'tujile. Unyou go\crii, then, willionl reason ! ' I'rieatn. (ioil ordains peace : Ueligion pri'Scribcs obeilieiice. ' J'tii/ili; Peace pn'sii|i|iiises justiee : obedience has a riylit to know the law it bows to. ' I'lieils, Man is only born into this World to ■'Ull'cr. ' I'fopli: Do i/uii, then, sit Us the c\- uinjile. ' I'rieslt. Will \'n\ li\e wilhonl (ioil and vili',,.,,1 Kiiiii> .' ' i «U\iv of dowiiri)jht oppression, and exriliiit! the people Je. hellioiiiily In rise up and oppo»|. the mn- ernnieiit. .Niiil wliieli paper or v«riliiitf, aiiiirnti utiier pnasaifeit, eoiitiiiiieil (lie I'ol- lowinu : — '■ I'. |._' We take ihe liberty of ad- dresniii); yon in the spirit of ei\ic union, in till' h'lloWKliip of 11 jiisl and cninmoii eaii«e We ^really rejoice lh.it the spirit of freedom nioMsoM'rtbesurf.ice of .Scot- I mil, that litjbt seems to break from the i'baii.« of her iuternal t/o\ernnienl, and that a eouiilry so respcelabb hir her at- tainmi'iits in science, in arts, and in arms, for men of liter.iry eminenee, for (he in- lelll);eiicc and morality of her people, now acts from a eonvietion of the union between virtue, letters, and liberty ; and now rises to distinction, not by a culm, lun- liiileil, nrr't wish lor a nliiriii in I'arlia- nii'iit, but by opeiilv, actively, and urgent. ly williiiii it, with the unity and energy of an enihodieil nation We rejoice that you do not eon«iiler yourselves a* merged and melted down into another eonntry, but that in (his ^oeat nntional i|ue»tioii yoii are still Scotland." " Also, ' Wu will lay open Iumiu onr hearts; onr cause is your laiise. If there is lo be a htrnt;),de bilweeii us, let it be, which nation shall be foremost in the race of mind. Let this be the noble aiiimo- hity kindled between us. Who shall lirst attain that free coiirliliitioii from wbieli bolh are eipiidistaii( '/ Who shall lirst he the saviour of the empire '/— The sense of biitli eoniilriis wilh respect to the into. Icrabli! aliuses of llie eoiislilntioii, has been clearly manifested, and proves that our |iolitical sitiialiuns are nut dissimilar, that our ri^'bls and wrongs are the saiiie.' " Also, • We will not 1)1) the dupes of siieh iniiobleaitiliees. We see thisschemc of strenijtheninj; political persecntioii and state iiiipii..;tioii, by a fresh infusion of reliLrions i.malicisiu. liut we will unite, and we will be free. Univemal emanei- palioii, with representative lej^islature, is tbe polar principle which guides our so- ciety, and shall u'uiile it, through all iho tumult of laetioiis, and tUicluations of parties. It is nol upon a coalition of op- position with ministry that we depend. inil upon a coalition of Irishmen with Irishmen ; and in that eoalilion alone wc nnd ail object worthy of reform, and, at the same time, the strenirth ami sinew both to attain and secure it. It is not upon e.\ti'rnal circumstances, upon the piedtje of man or minister, we depeml, l)ut upon the internal enerjjy of the Irish nation. We will not buy or borrow liberty from .\meriea or frem I'rancc. bin mnnu- I I 6 TlllAl. Ol' factiire it lor ourselvefi, niiil work it up wit!) those; materials which tiie hearts ol Irishmen ftirnish tliein with at home. \Vc do not worship the British, far less the Irish constitution, as sent down Croralica- ven ; but we consider it as human work- manship, which man has made and man can mend. An unalterable con-ititution, whatever be its nature, must be despotism. It is not the constitution, but the people, which ought to be inviolable j and it is time to roeotrnise and renovate the riur sheriff-depute of the county of Kdinburgh, upon the 2d day of January, 1 703, did, in his presence, emit and sign a declaration; but immediately thereafter, the said Tho- mas Muir, conscious of his guilt in the premises, did, in order to evade punish- ment, abscond and leave the kingdom ; and having been indicted at the instance of our advocate, for our interest, to stand trial before the High Court of .Justiciary, upon the 1 1 th day of February last, the diet was afterwards continued to the 'iSth of that month, to give him the better op- portunity of appearing, if he was so dis- posed ; but the said Thomas Muir having, notwithstanding, failed to appear, he was, on the 2jth of February last, fugitate by a sentence of the said High Court. And the said Thomas Muir having lately, in a private and clandestine manner, come into this country, by the way of Ireland, he was discovered at Portpatrick, apprehend- ed, and committed prisoner to the tol- booth of Stranr?.cr, in the county of Wig. ton, on the 3()th, or some other day in the month of July last ; and at same time, sundry papers iound in his possession were, together with his pocket-book, seal- ed up in the presence of William Ross, Esq. one of onr justices of peace for the shire of Wigton, under the seals of the said Thomas Muir and the town-seal of Stranraer. And the said Thomas Muir having been afterwards transmitted to Edinburgh, by warrant of our High Court of Justiciary, alongst with the said pocket- book and papers, the sealed parcel con- taining the same was opened in presence of him, the said Thomas Muir. and Harry Davidson, Esq. sheriff-substitute of the county of Edinburgh, upon the 10th day of August current, the seals having been previously Inspected by the said Thomas Muir, and declared 1 y him to be entire ; and an inventory of the contents thereof was made, and signed by the said The- mas Muir and Harry Davidson, and other* then present. And the above-mentioned declaration, emitted by the said Thomas Muir before the Sheriff-depute of Edin- burgh, upon the '2d of January, 1793, to- gether with a copy of ' Paine's Works,' recommended and circulated as aforesaid; as also a copy of the said ' Declaration of Rights, and an Address to the People, approved of by a npmber of the Friends of Reform in Paisley,' circulated as afore- said ; as also a copy of ' The Dialogue hctweenlhc Governors aiK" he CSoverncd,' I'lIOMAS MUlll. by the said meeting. 3 Muir, having been I Pringie, Es(i. (mr ounty of Edinburgh, muary, 1 703, did, in d sign a declaration ; eal'ter, the said Tho- ) of his guilt in the Jer to evado punish- leave the kingdom ; icted at the instance 5ur interest, to stand Court of Justiciary, f February last, the ontinued to the 'iSth e him the better op- ig, if he was so dis- rhomas Muir having, ed to appear, he was, lary last, fugitate by J High Court. And lir having lately, in a ie manner, come into • way of Ireland, he rtpatrick, apprehend- prisoner to the tol- n the county of Wig- r some other day in 3t ; and at same time, id in his possession lis pocket-book, seaU ce of William Ross, ices of peace for the ider the seals of the and the town-seal of said Thomas Muir ■ ards transmitted to int of our High Court ; with the said pockct- le sealed parcel con- is opened in presence amis Muir, and Harry jritl-substitute of the h, upon the 10th day the seals having been .1 by the said Thomas ly him to be entire ; r the contents thereof ned by the said Tho- ■ Davidson, and others 1 the above-mentioned 1 by the said Thomas lerift-depute of Edin- of January, 1793, to- ■ of ' Faine's Works,' [circulated as aforesaid j c said ' Declaration of Idress to the People, ipmber of the Friends ■y,' circulated as afore- py of ' The Dialogue ior^an(' he Ooverncd,' I circulated as aforesaid ; as also a copy "f • The Patriot,' circulated as aforesaid ; as also a copy of ' the Address from the Society of United Irishmen in Dublin to the Delegates I'nr promoting a Reform in Scotland,' produced, read, and approved of, by the said Thomas Muir, in manner foresaid, and attested by the subscriptions of James Denholm, James Campbell, and others j and also, a book, entituled, ' The Hook of the Records of the Association of the Friends of the Constitution, and of the People of Kirkintilloch, volume 1st, entered at Kirkintilloch, November, 1 792;' and also the foresaid inventory, made up before the said Thomas Muir and the SherifT-substitute of Edinburgh, upon the said 10th day of August current, with tl.j whole articles and papers therein con- tained and referred to, will all be used in evidence against the said Thomas Muir, and will, for that purpose, in due time, be lodged with the Clerk of the High Court of Justiciary, before which he is to be tried, that he may have an opportunity of seeing the same. At least, times and places above mentioned, the said seditious speeches and harangues were uttered, the said seditious books or pamphlets recom- mended to be purchased and perused, the said seditious books or pamphlets cireu. lafed and distributed, as aforesaid, and the said wicked and inflammatory address produced, read, recommended, and ap- proved of, in manner above mentioned ; and the said Thomas Muir is guilty iietor, or art and part, of all and each, or one or other of the foresaid crimes. All which, or part thereof, being found proven, by the verdict of an assize, before our Lord Justice General, Lord Justice Clerk, and Lords Commissioners of Justiciary, in a Court of Justiciary to be holden by them within the Criminal Court-house of Edin- burgh, the said Thomas Muir ought to be punished with the pains of law, to de- ter others from committing the like crimes in all time coming." To this indictment, Mr. Muir pleaded, Not Guilty. He was then asked by the Lord Justice Clerk, if he had any objec- tions to the relevancy of the charges wliich it contained. Mr. Muir replied that he had uniformly considered the jury .as the only judges of the law and of the fact ; and that, in this stage of the trial, ho would plead upon no point, which might preclude the determination of the jury, by a pre- vious decision of the Court. In point of form, it is required in Scot- land, that the person accused should com- municate upon the evening preceding the trial, in writing, the substance of his defence, with a list of the witnesses in- tended to be adduced in exculpation. Mr. Muir had complied with this rule, and the Clerk of Court read the following de- fences ; Defences The criminal libel is false anil injurious : so far from exciting the people to riot and insurrection, it can easily be proved, by a numerous list of witnesses, that, upon every occasion, the pannel exhorted them to pursue measures moderate, legal, peaceable, and constitu- tional. The charge of distributing sedi- tious publications, and of advising the people to read them, is equally false and calumnious. The pannel admits, that, on the great natioi question, concerning an equal represent.»;ion of the people in the House of Commons, he exerted every ertbrt to procure in th.it House, a full, fair, and equal representation of the people, as he considered it to bo a measure (and still does) the most salutary for the in- terest of his country. IJiit the pannel offers to prove, that, as he considered the information of the people to be the chief thing requisite to accomplish this great object, he uniformly advised them to read every publication, upon either side, which the important question of Parliamentary Reform had occasioned. Under protestation to add and eik. (Signed) Tiio.MAs Murii. The following interlocutor was then pronounced by the Court upon the rele- vancy : " The Lord Justice Clerk, and Lords Commissioners of Justiciary, having con- sidered the criminal libel, raised and pur- sued at the instance of Robert Dundas, Esq. of Arniston, his Majesty's Advocate, for his Majesty's interest, against the said Thomas Muir, pannel, they (ind the libel relevant to infer the pains of law, but al- low the pannel to prove all facts and cir- cumstances that may fend to exculpate him, or alleviate his guilt ; and remit the pannel with the libel, as Ibund relevant, to the knowledge of an assize." LIST OF THE JURY. Gilbert Inncs of Stow, Foreman. Sir Jiimes Foulis of Collingtoii. Captaiii John liiglis of Auciiiiidinny. John VVauchopc of lichnonstoiie. Anilrcw Wauchope of Niildry-Marislial. John TroUcr of Morton-hall. James Ilochead of Invorlcith. John Alven, of Dalkeith, portioner. XVilliain Dalrymple, merchant, IMinhurgn. Donald Smith, banker, Edinburgh. James Dickson, bookseller, EdinburRh. George Kinncar, banker, Edinburgh. Andrew Forbes, mtrehanl, Edinburgh. Johei Horner, merchant, Edinburgh. John Bilfour, younger of Pilrig, Clerk. : TUIAI Ol II |1,,1' liimii'diatclv afti'iwarils, ihi^ I. inl Jus- I tico (jli'rk a he iiad selected from the list oi' assize. Mr. Mum said ; Of these geiitlemee I have no personal knowledge. Their si- tuaticnis in lite are respectable, and I be- lieve them to be men of truth, and of honour ; yet my situation and theirs is so peculiar, thiit I am obliged to object to them being upon this Jury. The ques- tion of Parliamentary Reform has agitat- ed deeply, in proportion to its magnitude, the minds of men in this country ; differ- ent opinions have been adopted, and dif- erent parties have been formed. These gentlemen belong to an association wliich assembled in Goldsmiths' Hall, calling themselves the Kriends of the Constitu- tion, united I.. :-.;ppa:t it against Repul)- licausand Levellers, rnd exp/essing their zeal to suppress tumult and sedition. I belong to the association of the I'Viends of the I'eople. Viewing a reform ii: the representation of the people as a measure the most conducive to the stability of the constitution, and to the felicity of the people, wo united our common exertions, l)V legal measures, to accomplish that ob- ject. T'o the constitution, in its genuine priii- eiiiles, we have solemnly jdedged our- selves — never liavt we professed to be its enemies, yet the association in Goldsmiths' llali, by a deliberate and public act of theirs, have declared, that we were the enemies of the constitution. Kcpially zealous in our declaratiiMis to the world — in our reprobating riot and sedition, and sincire in our hearts, that association lias denouneed us to this country, as attempt- ing to kindle the torch of civil war. and to lay it in blood and in dostruetiun. The fact upon which I found this charge is notorious, and cannot be denied. A Convention of Delegates, from all the .Societies of the Friends of the People in Scotland, assembled in this city, upon the I I th day of December last. Of this Con- vention I had the honour of being a inem- bor. The Clonvention accorded with the Association in Cioldsmiths' Hall, in their zeal to support the constitution, in their abhorrence of sedition, and in their de- termination to concur with good citizens in the suppression of riot and of tumult. To testify, then, to this association, their principles and their object, the Conven- tion ordered a number of its members to re|)air to their hall, aiul to subscribe the bonk whirh !h<-y bad opened, of adher f:- niO.MAS Ml IK. I' (,'lerk, ill tlic usual iiir if liL' had any oli- K' first fivt^ geiillcineii, 1(1 selected from Ihi- Of these ((eiitlenii;r I nowledge. Their si- rcspectabli', and I he- men of truth, and of untion and theirs is so obli);ed to object to iiis Jury. The ques- iry Ueforni lias a^jitat- rtion to its magnittido. n this country ; difler- leen .idopted, and dil- bcen formed. These ;o an association vvliich dsmiths' Hall, enUinp: ieiids of the Constitu- part it against Repul)- s, rnd cxp.-essinj? their mult and sedition. I iciation of the Friends iewing a reform ii: tlie H' people as a measure K to the stability of tlie to tiie felicity of tiie )ur common exertior,'. to accomplish that ob- ion, in its genuine priii- ulemnly pledged our- i we professed to be its iociation in Golilsmilhs' •ale and public act of red, liiat W(! were the constitution. Kqually aratioiis to the world — : riot and sedition, and rts, that association lias liis country, as attempt- torch of civil war, and id and in destruction, icli I found this charge cannot he denied. A lelegates, from all the riciids of the People in ed in this city, upon the iherlast. OflhisCon- lonour of being a mem- ution accorded with the ildsmiths' Hall, in their e constitution, in their lition, and in their de- icur with good citizens 1 of riot and of tumult, o this association, their .'ir object, the Convcn- luber of its members to II, and to subscribe the had opened, of adher dice to thei'oii^titution. In ilns miinber 1 Has iin-Uided. WCdidso. And, what were Ihe cnii«eiiueiK'Cs ? The Associa- tion erased onr names, and published in llie papers iif llxr day their proceeding. Was not this an act of public proscription against us all ? Accused this day of sedi- tion, of an attempt to overthrow tlieoon- stilution, shall those men be my jurymen, who have not merely accused me, but likewise judged and condemned me with- out knowing nie, without leaving nu: the possibility of the power of vindication? This trial is no trivial matter. It affects me, but it atVects the country more. The noise of it will pass down to other times, and posterity may fancy their most >aluable rights connected wilii its eonsi quences. A respectable gentleman of the live to whom I now object lias felt the dolieacy of his situation, and has honourably avow- ed his scruples. .Such sentiments, so re- spectful in llieiti.selves, 1 trust are common to all iiis colleagues, This is not the only objection I stale to the (Jentlenien of Goldsmiths' Hall being of my .hiry. 1 am accused of circulating the wiirks of Mr. I'aine. That Associa- tion has imblicly advertised their horrors at the doctrines contained in these books. Nay, more, they liave offered a reward of five guineas, to any one who will discover a person who may have circulated them ! If this is nol prejiidicatini; my cause, I demand to know what prejudicaliun is? Upon thes(! Uvo objections, 1 shall make no further observations. To supi)ose them not well founded, vvouhl be to in.sult the common sense and the common feelings of mankind. 1 demand justice. Let me be tried fairly, not by a .lury of the Association of (iolilsniilhs' Hall, not by a .Jury of the Association of the I'riends if the People, but by men unconnected with either, whose minds cannot possibly be supjiosed warjied with prejudices. I therefore so- lemnly protest, that no person «ho is a member of the Association in (ioldsmithb' Hall, should, or can, be of the Jury in my trial. Solicitor-General IIi.air replied, that he considered this objection to be id' the most extraordinary nature. The pannel is accused of lorining associations, con- trary to the C'onslilution, and he presumes to object to those fieiitlemcn who formed associations in its defence. With equal propriety might the pannel object to their l.,ordsliips on the lieiich to be his Judges in this Irial : lluir Lordship- had sworn to (leleiiil the ( 'on-titnlioii. Mr. Mini. — 'I Ins day, I will nol de- sceii'.l into the qulbbli ^ of a lawyer. 1 nbjfct to llle^e trenllenieii, not because they associated in ileleiiic of the consli- tulioii. I, too, as well as lliey, lia\e associ- ated ill defence of the constitution. But my objection is, that they, by an act ol theirs, have publicly accuse r resolu- tions, and extend their knowledge, y pub- lishing and circulating useful publications. That in order to obtain that knowledge, they ought to grt all political pamphlets from a neighbouring bookseller ; but he did not mention any pamphlet in parti- cular. l.'pon the interrogatory of the Soi.ici- toii-(Jkni;rai,, deponed. That nothing was said about a King, but that tho Con- stitution ought to consist of King, Lords, and (.'ommons. There was mention made of Paine's Rights of Man, but not by Mr. Muir. One man in the Society, not in a public manner, but to his neighbour pri- vately, said be had read that work. The mostof the members were young weavers, from eighteen to twenty years of age. He knew of no previous meeting at Kirkin- tilloch, this one being the constituting one. .Mr. Muir did nol come into the meeting till after it was constituted, but had promised in the morning to bo there. He p?emcd to be the principal man in that society, and said he belonged to other so- cieties of the same sort : he recommended a timoiis accomplishment of the business, in order that, when the dift'crent meetings had communicated with each other, they might lay it before Parliament. At the time he recommended the above mea- sure, some of the members wished to form meetings. Being interrogated by Mr. Muir, he deponed, that Mr. Muir did re- commend peace iind regularity to the meeting, and observed that an" tumult or disorder would ruin their cnuimon cause. He told the meeting, that there was no other mode uC procuring redress, but by applying to Parliament ; and he recom- mended to the meeting to beware of ad- mittiiig immoral cliaraclcis ;is members. Hubert Wfdthl. Weaver in Kirkiiitil- ll THOMAS MUIK. II s silent That Mr. (Junstitutiuii witli thu lliat beyond a doubt slul. That they were lented, mid their taxes lo-thirdsof thel'Vciich ilready paid. That a is country could not narkct with the same ench manufacturers ; I lose our trade. Mr. y ou^ht to be aequaint- (les of those nr.rtmbers lat the soU intention ivas to procu:c a more luration of Parliament, lese Soeicti'^s were to was to petit! n I'arlia- nunicatc tiin r resolu- ;ir knowledge, y pub- tig useful publications, ibtain that knowledge, ill political pamphlets ig bookseller ; but he ny pamphlet in parti - jgatory of the Soi.ici- pnned, That nothing ing, but that the Con- lonsist of King, Lords, lere was mention made f Man, but not by Mr. n the Society, not in a t to his neighbour pri- read that work. The rs were young weavers, renty years of age. He )UB meeting at Kirkin- being the constituting lid nol come into the it was constituted, but le morning to be there. lie principal man in that e belonged to nthcr sc- sort : he recommended shment of the business, 1 the dift'crent meetings 1 with each other, they e Parliament. At the ■nded the above mea- nembcrs wished to form I interrogated by Mr. , that Mr. Muir did re- ■ind regularity to the ■rved that an" tumult or in their cciiimon cause, ing, that there was no :)curing redress, hut by iment ; and he rccnm- jcting to beware of ad- •liaiaclers ;is members. , Weaver in Kirkiiili loch, depones, That he remembers a meeting in Kirkintilloch, about the be- ginning of November last, which was called the meeting of the Friends of the People, or, for a Parliamentary Re- form ; thr» Mr. Muir was at this meeting, which was the constituting "..wli'ig, came in after the meeting began, and made a speech, ill which he advised regularity in their proceedings ; and mentioned that they ought to proceed in a constitutional manner, as the law now is, by King, Lords, and Commons. He said nothing about the expense of a king, nor tho bur- den of taxes, nor the comparative expense of the French government ; nor did he mention the success of their arms. He spoke about ten minutes. After the meet- ing broke up, the witness met Mr. Muir, with some others, in Mr. Wallace'.s, baker in Kirkintilloch, where the conversation was about the politics of the country ; there were about eight persons in Mr. Wallace's, or one-fourth of the number that was at the meeting. The witness was vice-president of the meeting, Mr. Freeland was president, and James Baird was secretary ; there were no other olli- cers, and all these were with Mr. Muir in Wallace's. He does not remember the particulars of the conversation, but I'lower on the French (Jonstitiitiiin was mention- ed, which he never before had heard of. He thinks it was Mr. .Muir that mentioned this book, in speaking of new public.i- tioiis, and he remembers books being spoken of. IJepones, That, at the meet- ing, one Hoyd asked Mr. Muir's opinion about I'aine's Works, when Mr. Muir said, that it was foreign to their purpose. Ho remembers this, because he was angry at the question being asked. I'pon the Lord Advocate's interroga- tory. Whether Flower's book had been re- commended ? Mr. Muir objected to the question. The witness was removed. Mr. Muir There is no accusation brought against this book in the libel. Let it be admit ed that this book is of a seditions and trcsonable nature, yet, iis 1 am not accused of cither recommending or circulating it, how can .my thing under this indictment, concerning it, be adduced in evidence against me ? I plead upon a great principle of natural justice : 1 look forward to other times, and I tremble for the precedent. If this were not the case, I would not say that I merely approved of that book of .Mr. Flower's, but, in this gn^at audience, I would recoinmend its priiii'iples, ill general, to i^ery man who \alui'il thr interest- nf hi;- '■miiilrv ami whoso feelings interest him in the happi- ness of human kind. LoKU Auvoc A rE The charge against the pannel is sedition, and it is liranehed ,iut under various heads. One of these was, advising people to purchase sedi- tious books ; and he was entitled to exa- mine as to such facts, though every parti- cular book or fact was not condescended on in the libel. Mr. Mi'iii Neither in justice nor in law has the Public Prosecutor a right to brin^' against me u general charge. Every criminal charge, upon the facts, must be special, in order that the pannel may know the crime that is alleged against him, and accordingly prepare the special matter of his defence. LoRn JusTii P Ct.ERK — By the statute of James V'l. wherever art and part is li- belled, there can be no objection to the gei.erality. This is a proper (|uestion ; and it has a tendency to establish the major proposition, and it ought to be sus- tallied. The Lord Advocate gave up the ques- tion. The witness was again called in, and deponed, That he knows of no books having been recommended to be pur- chased in consequence of this meeting, except Henry's History of F^ngland. The books purchased by the witness for the society or others, were three or four co- pies of the Political Progress ; three or four copies of the Paisley Declaration, one copy for his own use and one for the society ■. that he was not ordeivd b" the meeting to buy them, but bought them for his own use, and to show his neighbours. He never purchased any of Paine's pam- phlets, but he got a copy of that pamphlet 1-e does r.ut know from whom, and which happened some time before the meeting. He never saw the Dialogue between the Governors and the Governed. He saw the Patriot, and was shewn it by Mr. William Muir Upon being interrogat- ed by the pannel, depones, that he recom- mended Henry's History, but no other book ; that he recommended order and regularity ; and upon the Solicitor-Gene- ral's interrogatory, depones, that Mr. Muir particularly said, that they would be the more successful the more they were con- stitutional : that their end was to obtain a more equal representation in Parlia- ment: that the witness meant by that a more e(]ual representation, but he does not know the precise terms ; that he can- not say more, but there were dilFerent opinions ill the society ; one part of them IS TKlAl Ol ll^ll waiilmi.' It roiitiiu'd tn llu' liimli'd IiiIitoI ; aiicillu'i' tii, of Mr. I.apslio > aoiinty as an ai;eiil in oollcctiii); evidence ai^ailist him. hi proof i>f the objection .Mr. Muir callod Jlenrii I-'ncliinil, \Vea\er in Kirkin- 'illoch Depones, that he knows Mr. Iloiioymaii, I Shorill' of Lanarkshire), and saw him at kirkintilh>eli, in com- pany with .Mr. I^apslie and ani.ther f;en- tlemiii, a writer in Cilasi^ow. .Mr. lloneyman oxainined the witness about .Mr. .Muir ; and, diirint; the preeo;.'iiitloii, Mr. Lapslio also put (picstious to the wit- ness. Ho asked iiiin, if he had (.^ul a col- ley;o edncalioii, wliicli beinn answered in the neir.ativc, Mr. Lapslie saiu iie was a clever fellow, anil when be saw him write, he said it was a pity such a clever felloiv should bo a weaver, and that it was in Mr. Iloneyman's power to procure him a birth, which was said In presence of .Mr. Hoticy- man. That when .Mr. Honoyman exa- mined hiin about how often Mr, .Muir had been at KirkiuliUoith mectinjis, .Mr. Laps- lie also asked him if .^lr. iSIuir had been more than ouccthere. That on the above occasion, when .Mr. Lapslio praised the witness's abilities, the witness answered, that it was tlattery, when .Mr. Lapslie clap- ped him on the shoulder, and said it was no such tbinfi, but that it was probable Mr. Hoiicymaii wiiuld see him aj;ain. .Mr. .Muii .'ii called Jiviert i.eury, Lns^ravor, Kincaid I'rintlield, who deponed, thut he was ex- amined by Mr. lioneymaii about Mr. .Muir ; that Mr. Lapslio was present all the time ho was so examined. liulicrl M'Kinhy, I'rint-eutter. near Paisley, was then called, who deponed, that he was examined at Cainpsie by Mr. HuiK-yman, In presence of Mr. Lapslie iiiid Mr. .Shiels. .^Ir. Lapslie spoke to the witness before the exami- nation, and told him to spc.ak the whole truth, and frequently exhorted him, dur- ing the examinaliun, to tell evtry thing as it coucorned Mr. Muir, and not him, the witness. Mr. .Muir proceeded to call James .U'(j')(/fc»H, when the Lord Advocate jjav" up Mr. Lapslie's cvidonce ; ('onseiiuently there no loiifior remained any necessity to examine more witnesses, with repard to the conduct of that gentleman. The P'.osecutor said, that ho gave up Mr. Laps- lie as a witness, not on the ground of his being present at the precognitions, but because he appealed, if not an agent, at least to have taken an active part in the business. I Mr. I.a()»lir < ai livilN rrliiij; cv'kK'ir'i' aijaiiiNl u iibJLM'li!)!! Mr. Muii f/, We.nt'r in Kirkiii- ■; tli.'it III' kiiow^ iMr. I'riir 1)1' Liiimrk>liirL' ), kirkintiihx'li, in cixn- ipslif ami Hui.thur ffrii- r in Cilusffiiw. .Mr. iii'd tl:f witness almut nrini; llio |)ri'i'();.'iiition, lilt (|Ui'stions tu the wit- liiii, if he had fjot a col- liicli liL-iii^ answered in Lai)sli(' saiu iie was a nlien lie saw lilin write, l_v siieli a elevcr leliin.' r, and that it was in Mr. r to proeure him a birlh, iresunce of Mr. Hotiey- I Mr. Uonejinan exa- low often Mr, .Mnir had Kth meetinjis, .Mr. haps- I if ,^lr, Mnir had been .•re. That on the above Ir, Lapslie praised the the witness answered, when .Mr. Lapslie clap- loulder, and said it was ut that it was probable Kiuld see him again. ealled I/, Ei)i;raver, Kineaid 2p()ned. that he was ex- Honeyman about Mr. Lapslie was present all examined. hi/, Frint-entter, near II ealled, who deponed, mined at Cainpsie by in presence of Mr. . Shiels. .^Ir. Lapslie iicss before the exami- him to speak the whole ntly exhorted him, dur- iun, to tell every thiiijj Mr. Muir, and not him, oceeded to eall Janies the Lord Advocate jr.iv" e\ idence ; ('onseiiuently remained any necessity ,' witnesses, with regard r Ih.it gentleman. The hat he gave up Mr. Laps- :iot on the ground of his the precognitions, but aied, if not an agent, at en an active part in the I IKiMAk \trilt. \:\ The fvidenci' lor llir CidWii then pro- <'eeded. Henry I'reelund When this witness appeared, Mr. Muir observed, that the .liirv Wdiild renii'mber, that from what this witness had already de|)oned, it would ap- pear that he had jot the promise of a good ilcod The witness being examined November last." He was President that night, and sat in the Chair. Mr. .Muir was there, and made a speech of about a ipiartcr of an hour. The ireneial purport of the speech was about >horter.ing the duration of Parliament, and a nune eipial lepre- sentation. He thought the taxes might be lessened by these means: that the Re- form was not to tak'' elVect as to the King and House of Lorils, but only of the C'i>m- mons. He menlioucd the success of the French arms, and that liberty would be established in France. He spoke of books in general, but be docs not recollect the name of any being mentioned but Henry's History of Knglaiid; in general it was po- litical bonks. The books this witness re- members to have seen, arc the Proceed- ings of the Westminster y\ssnciation. the Patriot, and Paisley Di^elaration. It had been suggested by (uie Hnyd to purchase Paino, but Mr. .Muir shook his h(.'ar from .Mr. Muir. tellingthat Mr. Pro- van's cause had been decided in the Court of Session: that hi; got two letters from Mr. .Muir, in whicli he desired the witness to impress the society with the importance (d' sending a delegate to tin? Convention, and ho|)ed to see him there, but said no- thing about the books : that the Paisley Declaration, purchased for the society, wns not recommended by any particular per- son ; that the book before mentioned wns afterwards given up by the witness to the .Sheritl'; and ttie book being -hown to him, he thinks it the same : that he cut up the leaves : that the witness first mentioned the book to .Mr. .Muir ; tliat there were two pamp'- lets ill .Mr. Muir'spocket. Up- on Mr. ir's interrosiiitory — depones, there wms ntention of having this so- ciety long oel'oro the witness saw him : thai Mr. Wallace, at whose house there was an adiournment from the meeting an af.ire.said, was an iddserv.mt of Mr, .Miiir'a father, ,ind Kirkinlilloch is within four miles of Hiuite>"»liill, his father's house : lliat he did not recommend .any other book than Meiuy's History of ICngland : tliiit he told them all riot wouhi be ruin to the cause, and reeoinmen- tiiul. lie I'l'iiliinl, tlint he cinilil not liilp it, and llml In- kiicH llu; I-ord waji proM'iil in lirisiiii, w will as |iroseiit any wlicirt! rho. Till' Jiiilai's anLi'd liiin, il In" liclirvcd in lliii Hibli' ? to wliifli ho iinswcri'd, hi' did. Ill- was thou iiltcrroi/ati'd, if he I'oidd point out any particnl.ir pnssaifo wliifli laiiyht him tin- nnlnwlnlni'ss of tak- ing; nil outli. Ill i^rdi'i- to riMiiove- his sitii- plra llioy ipioli'd si>vi:ial piissan.'" trim: tlir llibli', hut lit" still udhorod to his (irHt di-- cluratioii, sayiiiKi that he could not tako thu oath without dosfrtini; his priiiL'ipli's, whifh III! was dutrrmiucil never to do. The Loiiii AovoiATK ninv'.^d, that this person aliould be cominitteil to priKoii for ins conuimaey, ami in express words, in- foTiicd liiin there wiw no way by which he could ( ;r be set free; that, in short, "his imprisonment would be eternal!" Mr. Mum I believe this person to be a f;onil and conscientious man. Whether he be right or wron)f in lel'usin!? to fake this oath, is not an object of my iiii|uiry. lie is adduced asn witness by the I'lose- eutor against me. I have tlierefori' the most material interest that he should l>c sworn, but rather than he should sutfer for iicting according to the dictates of his conscience, I wave my right, and I will admit every word which he utterR, although not upon oath, to be as true as if it were. The Court observed, that neither they, nor the jury, could listen to any evidence but what was given upon oath. The law expressly required it, and it could not be dispensed with, and t}iat the Pro8el^utor and public justice was concerned in this matter also. William Muir persisted in his refusal. The Court committed him to prison, de- claring they knew no mode by which, by the law of Scotland, he could be liberated. By the officers of Court he was conducted to prison with the utmost composure. John Btowh, Weaver at Lennoxtown, Campsie, depones, That he was pre- sent at a meeting at Campsie, about the month of October or November last : that Mr. Muir and Mr. Buchanan both spoke at that meeting : that he also was at a meeting in Kirkintilloch ; that he does not understand these meetings were called by Mr. Muir : that he has bought Paine's book, but does not recollect whe- ther he did so before or after the meeting ; that he bought it merely from curiosity, seeing the title in a window : that he does not remember whether or not that book was mentioned at the meeting ; that he does not recollect Mr. Muir mentioning France that the tenor of Mr. Muir's >pci'cli was (o iiiciili'.at.' upon them the ne- lU'ceHsity of sobrii'ly, to pursue constitu- tional measures, and to read constitutional books ; that there were no books in the meeting, and that at a conversation he heard Air. Muir say, that I'aine's book was not a constitutional book, and would not do. ytnne Fisher depones, that she was sometime servant to Mr. Muir's father ; she knows, about the lime libelled, Mr. Muir was much busied aiiout reading and writing, but does not know the subjeet : that she was sent to Mr. Meniions with a message from Mr. Muir, and with a paper, which she thinks was entitled a Declaration of Rights, which had not been printed as he wanted, and to get it cor- rected. She saw at that time, n good many country people coming about .Mr. Muir's father's shop ; that Mr. Muir has freiiuently said to these country people, that Mr. I'aine's book war. :i good book : that she has freipieiitly bought this book for people in the shop, and that this was sometimes at the desire of Mr. .Muir, and sometimes at that of these peojile. She bought both the first and second part of Paine, at diircrent times, and when she returned wi'h them, she sometimes laid them on the table, and sometimes gav«! them to the people ; that she bought two different parts at different times, for Alex- ander Muir, Mr. Muir's uncle. She was sent for a copy by Mr. John .Muir, halter, but is not sure whether or not she got it. That John Muir was much pressed upon by the pannel to purchase the book : that, to the best of her remembrance, she bought one for one Barclay ; that she knows Mr. Muir's hair-dresser, Tho- mas Wilson, and she has heard Mr. Muir advisinghim to buy Paine's Rights of Man, and to keep them in his shop to enli'.hten the people, as it confuted Mr. Burke en- tirely : she read this book herself, and got it in her master's house : that .she has seen one copy on fine paper, and one or two coarse ones : that, to the best of her remembrance, she has seen the Pais- ley Declaration on Mr. .Muir's table, and sometimes in the dining-room : that she thinks she has seen the Dialogue in Mr. Muir's room, and has heard him read it, in presence of his mother, sister, and others, in his father's back shop : that Mr. Muir said, it was very clever, and wrote by one V(Anew,* one of the first wits in PVancc ; that she iloes not remember • Voliicv. 1 rilOMAS MUIK. \H tenor of Mr. Muir'i- rat.' upon tlifin tin- iie- ly, to imniiK' conntilii- :l to risid conHtitutionul wcro no books in the at a oonversjition liu , tlmt l'aini''H book was I huok, and wonid not eponos, that she \\a* to Mr. Muir'K fallirr ; till' limo lil)olli-d, Mr. sied a'oout reading and lot know thi' Bubjcct : to Mr. Monnons witli 1r. Miiir, and with a thinks was entitled a its, which had not been iti'd, and to get it cor- al that time, a good iple coining about .Mr. op ; that .Mr. Mnir has these country people, ook wa.''. a good book : iitly bought this book shop, and that this was lesire of Mr. .Vluir, and [)!' these p('o|)le. She irst and second part of [ times, and when she m, she soinctitnea laid ', and sometimes gave J ; that she bought two (Tercnt times, for Alex- Inir's uncle. She was Mr. John .Muir, halter, lether or not she got if. ■as mucli pressed upon purchase the book : of her remembrance, or one Barclay ; that lir's hair-dresscr, Tlio- he has hoard Mr. Muir ' Paine'sliightsof Man, in his shop to enli-.hten ^nfuted Mr. Burke en- this book herself, and iter's house : that .she on tine paper, and one ;s ; that, to the best of she has seen the Pais- 1 Mr. Muir's table, and dining-room : that she n the Dialogue in Mr. has heard him read it, is mother, sister, and ler's back shop : that was very clever, and ew,* one of the first wits he does not remember Voliicv. Ill have seen llio Patriot . that shu thinks Am- ban heard part of the Paisley Dei'ln- ralinii leail by .Nlr. Muir in the said back ibop, in presonoi' of somebody that be- ing the I'omniiin place where he read these books ; th;itslie lia* bei'ii sent from the b:u'k shop, up itlairs for some books : that she does i.ol leeolleet whelber be thus read tlii'se books on a inarkct day ; and that she ha.< known him read some I'Vench law books : that she has heard him s|)e.'ik about Iteform and members of Parliament ; that if every body had a vote, be would bo made member for Cal- der ; that members of Purlianu'nt were to have thirty or forty shillings a-day ; and that, in that case, there would be nunc hut honest men to keep the Constitution clear : that she Iiils heard it said, by Mr. Muir, that I'Vaiice was the most tlourisbing nation in the w orld, as they had abolished tyranny and got a free government ; that she heard him say the Constitution of this country was very good, but that many abuses had crept in which re<|uireil a tho- rough Reform ; that the courts of law required Keform also, for they got their money fordoing nothing hut pronouncing sentence of death upon poor creatures ; and that it was an useless parade of their coming in to (ilasgow; that she recol- lects, about that lime, of Mr. Muir being (Counsel for two soldiers ; at their trial she heard him say, that he told the Judges and the Jury, os much as what they had to expect. Mr. Mi'iu arose, and made a motion for the witness to withdraw. .Mr. Mum then said, that the conduct of the Lord Advocate was, in every re- spect, highly reprehensible. He has put a variety of questions to witnesses with re- gard to crimes of which 1 am not accused. Tne indictment charges me with making seditious speeches at Kirkintilloch and at Campsie, vilifying the Constitution and the King, and inflaming the minds of the people to rebellion. It charges mc with distributing seditious books ; and it speci- fies that I gave away Mr. Paine's Works, some Nos. of the Potriot, the Dialogue by Volney betwixt the Governors and the Governed, the Paisley Declaration of Rights, and of having read in the Conven- tion the Address from the Society of United Irishmen in Dublin. The indict- ment charges nothing more ; there is not a single letter within its four comers which points out to me the charge of speaking disrespectfully of courts of justice, tend- ing, in any manner, to excite the people against the administration of the law. — (.'ompared to a crime of tliis nature, the giving away to siuttle individuals, sinf;le copies of books and pamphlets, w liich may be eHteenii'd scililiniis, is a trille, light as air. If the Public Prosccitor had nvi- dencethat I was guilty of this crime, lie was deficient in his duty to tbc public, in not making it an articie of aci'usatiop. He shoulil have manlully, in the light, brought it forwanl against me, joined a fair issue betwixt us, and then I would have defend- ed myself llie best way I could. Hut to attempt to steal it in asevidence inlhis way, to prove a crime which he durst not open- ly libel, because he knew it could not be supported, merits the severest reprobation. Hut what is the tendency of this little art ? This domestic and well-tutored spy is brought to prove words which may iiriute your miniis against me. Yes, this is the artifice, this is its object, but your justice will render il ineffectual. You will feel the same contempt which I do. Let us pass from that — I contend upon the great principle of natural justice, ujion the con- stitutional law of this country, that no per- son can be tried for a crime of which ho has not been previously accused. What is the pur|>ose of an indictment, but to specify the crimes which are to be proved, in order that the pannel may have an op- portunity to prepare his defence ? Why is the indictment served upon him fifteen days before Ihu trial, but to enable him to accomplish this purpose ? It is vain to say, that under the general charge of so- dition, every thing tending to prove it can be adduced, although not specially mentioned. If this is now to be adopt- ed as law, what portion remains to us of our national liberties is for ever torn away. Every thing is insecure ; an in- dictment will no longer be rcg.irdcd but as a piece of unmeaning paper. The un- fortunate man who receives it may B,iy, I am charged with robbery. I have m^ny witneMes to prove I did not perpetrate this crime, but what avails preparing a defence ? Not a single witness may per- haps be adduced against me for that of- fence. I may never hear a word of it in court, but I may be instantly called upon to defend myself against a charge of mur- der, of sedition, or of high treason. In short, if, under the specious pretence of being allowed to introduce what is not specified in t. libel to support its gener- ality, you establish a precedent of this kind, you strike the fatal blow against in- dividual security, and of general safety. What has been called the criminal law of this country, its forms, its precedents, and I(> iniAL til It 111 |iriiii'i|ili:t, ail- lor uvt'r )(ciiii Vllill lo ■>!\\ lll'lt till' iltllntr III' .Inillrt \ I. ;illuws tlli.s |iriii timIim^. Tliat •fain. ; ninlni'i' thrir «ti«^n>.'tli, ir initli. —II ilii'Hi' tiff ■(• Midnii'cl, I'liori nr>, I, in;, arc iii«oiMirf. c l!i ar^funiuiit than tlui vliich I Hiipport y That n (>r.i nrim«, you niiint .'riini- IS, ill ordrr thnt defend hiinHcU'a^iainn arliriilar actx miiMl he hill til'' piuiiiel niny \u' t L'ith('r lhpH(! nets in iioeent, or that ho was liL'in. ir you destroy you snmtioii the re- iii to thi~ coiiiitry, hut jspect ol' ruin and do- rvaa ot opinion, that ro- >f .hirttii'c was inehuh (I iharije ol Mililion, and iva» L'roundlcss. N i'oiiciirri'd ivitii Kord larud, that ihe varioiin ell may onme out in 1)0 s|ii'eitied. liiY eoiihl not entertain ol' there heinc a iieees- iii the lihel, every se- that itiijiht have heeii Cl.IiliK was clearly of 1 one erime is eli.irsred, iFerent one, eaniiot he lihel. This none ean ? that the ease here ? iisc;d of sedition ; and ay, that it is not a cir- tion, lor the pannel to ; minds of the people .lustiec, so important, >r inch of the ConMitu- statiile of King James, lart is lihellcd, the I'ro. every faet and circum- jcetiou of generality is was overruled. The 1 back, who deponed, d Mr. Muir say, that a irnnieiil would he the ■y, under proper restrlc- epuhlican '_'overnmont« h.at file has been scut nio.MAS Mir I II. 17 liy !\tr. .Muir to iii ori^aniit in the streets of (ihisiow, and desired himti- pli;y {a int. Mr. Mnir was isked if le- had any c|uestions to put to this witness. Ho re- plied, "I disd.iiii to put a question to a wit- ness of this description." 'I'lie witness turned round to Mr. Muir, and said she wished to ask him one i|uestion. This the Lord Justice (,'lerk would not permit, an ho would sulfer no altercation of that kind. The (,'oiirt expressed their strong- est disapprohation of th- terms which Mr. Muir had used; and Lord lleiiderlaiul said, that if .Mr. Muir had been actinjf as a counsi 1 at the bar, instead of beiuK in that liittiatioii, lie would immediately have sent him to prison for it. Toe conduct and the accuracy of this witness was much ap|>lau bought a copy of the Address to the Addrcr.sors, and kept it a day or two, but this was not by Mr. Muir's advice. That he remem- bers an old man from the country coming to Mr. Muir, when ho was dressing him, and Mr. Muir told tl:o witness, that the old man was a great reformer. Upon which the old man replied, that Mr. Muir was only taunting him. Upon being interrogated by Mr. Muir, depones, that he has heard .Mr. Muir say, that he would maintain the Constitutioii : that he wished for peace and good order, and good morals among the people ; and that he never heard him say any thing against the King : that he has seen Mr. Muir's library in the country, which is a lar_-f! room open to all the family. The Loiii) Advocate stated to the Court, that he was informed that William Muir, the person committed to prison, was a parishioner of the Rev. Mr. Dunn's, minister of Kirkintilloch, one of the wit- nesses inolosed against the pannel. That if Mr. Dunn was allowed to converic with him, he might remove his error, and pre- serve linn liiiin sufl'eriiig tin* ilreadful piinishmenl iliie to his obstinacy. He Iherefore moved their Lordships to allow .^tr. Dunn to converse witii William Muir for the purpose. .Mr. .Muili opposed the motion. — He said, ho had already consented, and vould still consent to admit the dielar ition of William Muir against him to he true, al- though not acconipauied by an oith. To prevent the witness fnmi siitVering any punishment, he would surrender the right which tli<^ law gave him ; but, that he cer- tainly '■vmild object to conviTsation be- twixt that will. ess and Mr. Dunn : not that he suspected any thing improper to take place in that convcrsaliiii, but that (his was a great and important cause ; a trial that might create precedents danger- ous to those who might come after. By the law of .Scotland all witnesses must bo examined apart from each other. The law is jealous of their conversation : the law dreads their collusion, in framing to- gether a consistent story. If, in this case, yi/ii allow .Mr. Dunn and the witness, of both of whom I have no suspicion, to con. verse together, you cannot refuse it to others. It will be sulFicient for two wit- nesses, who may have an iiiti-rest in a trial, to play the same ''oncertcd game, in or- der to tell the same concerted story with more aeruraey, and with greater safety. The LoiiD Advocat!-: declared, that he would depart from .Mr. Dunn as a wit- ness, and that the conversation should proceed in the presence of an olliccr of the Court, or of some person on the part of Mr. Muir. Mr. Dunn was called in. He was or- dered to converse with the witness in pre. sence of one of the macers ; enjoined not to speak on the subject of the trial, but solely about the witness's scruples to take the oath. John Muir, Hat-manufacturer in Glas- gow, deponed, Ihit he knew Mr. James .Muir's father ; and hat he saw Mr. Muir .at his house in September ; that Mr. Muir and he had a converution about .Mr. Paine's book ; when he asked Mr. Muir, as a favour, to get him it ; when Mr. Muir said, he had it not, but would serd for it ; and that a servant girl was accordingly scut for it, and said sIu- liad purchased it at Brash and Reid's, booksellers, in Glasgow ; that he read it, and took it home w'. '■ him, but that he would not have bought it, if he could have got the loan of it. John, Uarciiiij, of Calder, deponed, that he is acquainted with Mr. .Muir ; that ho No. -2. >■ I s i IH I'lllAI Itl' ^^! li^il a I'linwrxHtiiiti mIiIi Mi'. .Miiir about |i>k: tli:itli<'!i«ki'ari>li ol' Cal.bT, and that hr. voliil t in tho vvorbl ; that he hiu heard hiiu praise the Kin^, and alway* iii'ard liim spi-ak of ordi-r, regularity, and (ibedienee lotbe ridiuK |»>«iTs; Ihit I'C ealK'd upon Mr. .Muir siuoe liu camo to Scotland, who sent down a nies.ia({c that he could not see him, an be \*hed, Jumen Campbill, \\ . .S. deprjueil, that lie wan present at a meelinjt of the C'onvi'ii- tiou ; that he called there on h\i way home from the I'arliu'nu'nt-buuiie ; that .Mr. .Muir wan not there, but came in soon alter, and read a paper, which, beiinf shewn to him, ho admitted to be tbo saiiu! with the Ad- dress from the Society of United Irish- incM of Dublin ; that Colonel Dalrymple opposed the paper being read, and talked of taking a prot";8t ; that, after Mr. .Muir read it, he said nothing more ; but, before he read it, he spoke of answering it ; but, in this, there was no vote taken ; lliut he does not know how the paper cainc, and that a copy was afterwards sent him in a blank cover. Ueiiig interrogated whether the purport of .Mr. .Muir's speeches ap- proved or not of this paper, says, he knows nothing more th\m that bo proposed its being read and answered. Dopoijes, that it was .assigned as a reaaoD for not receiving the Address, that they had no connection with it ; that .Mr. Muir thought there was no impropriety in receiving and answering it, and would take the burden on his own shoulders. Juine$ lienholm, Writer, Edinburgh, de- poned, that be was present at a meeting of the Convention in December ; that AJr. Muirwas there, and he heard him read that paper, called the Iriih Addreit ; that ob- jections were made to its being read, and Mr. .Muir answered, that he saw no harm in it. Colonel Dalrymple proti/.9ted, and he believes Mr. Uell did so also ; but he does nut remcinlier Mr. MMiihland being there ; that he thought it |iii.4aibli> it iiliuht he iU h'^al ; that he xaw it on ihe table, but does not know whether .Mr. .Muir bniiight il or not ; that be uuderxtood ihat .Mr. .Muir moved, that au anitwer •hoiihl hi* sent ; that thit was ditsented lo, but he does not rueollect lor what rcinon, and be thinks that it carried, A'irf In lit imU. 'I'lie Address being siiewn to him, he ud- mitleil it to be llio Miuu which he hod formerly signed. Iking inlerrogatcd by .Mr. Muir, de- polled, that he never heard him say any thing unconstitutional ; that the purpose of tho As» ■i.iatioii was to get a Reform in I'arliameiit ; that he knows of no other object, liiit that be understood their ob- ject was an alteration, and that he was not a member of the Convention. HubtrtFortytli, Advocate, deponed, that he was present at u meeting of the Conven- tion ; that .Mr. .Muir was tiiere, and read a printed paper; that ibcreweru some objec- tions made to the reading of it j that the witness himself maduime, which was, " that il was not expedient to have any connec- tion with others ;" that it was u paper which we ought not to have any thing to do with ; that il was a p.iper containing some ex- pressions loo strong, such as, " an invio- lable coiiKlit.itioii was a tyranny ;" that Mr. .Muir del'dided the paper, and luid, it should lie upon the table. I'pon .Mr. .Muir's interrogatories, the witness thinks the Convention camo to a resolution to adhere to the genuine prin- ciples of the Constitution; that the ob- ject W.1S to reform the elections, and short- en the diirulion of I'arliainent ; that Mr. Muir never advised any deviation from the Constitution ; that he never heard him speak ill of the Constitution, but that ho heard him advise order. William Muir Thu scruples of this witness having been removed, he was brought to tho bar, and consented to take the oath. Deponed, that ho was twice present in Wallace's house in Kirkintil- loch, once before the Society was formed, and once along witli Mr. Muir; that Freeland was there, and Wallace; that, at this meeting, a copy of I'aino's works was taken out of the great-coat pocket of Mr. Muir ; that he does not remember what was said about the book ; that he is not sure that Mr. Muir spoke of the will of the peopl.: being the sovereign will, but that it was said Paine said so ; tliat he got eleven copies of the Patriot, and a copy of the Political Progress ; that he got them from Mr. Muir in his father's i 11(1 MAN MIMI.' to Miii'ililaiiiltiiMtiKllii'i'f 1 iiiiHiillili> it iiiiutit lie iU ' it nil ilic lalilc, lull tlitr Mr. .Miiir liriiut(lit iiiiiJor»tciii(l ihal Mr. uii uii>wcr •iiiiulil III' » (lititi'iildil lo, but lit! I'ur what rciiwiiii anil irrieil, Xnt li> it unl, ( •lirwii til him, lit' ud- Mtniu which lif liml itc'il liy Mr. Miiir, ile- vvr hi-arii him mty uiiy iiiul ; that tilt' purptiti! wui to ^^'t :i litiroriil in ho kllUWH III' III) lllhtM' It! iiiiilt'rHltioil tlitjir ob- ioii, Qiitl that III! wan m>t Coiivi'iitiiiii. Atlvticutf, ilt'poncd, liiut muiitiiiKul thu Coiivcii- lir was tlit!ro, ami rraJ a 1 tht'rowt!rt)som«iilijt!t-'- rcadiiig of it ; tli'U tliu iilodiie, which was, " that lilt to iiavc any ooiiiicc- Ihat it was u papiT wliicli Auaiiy tiling to di) with ; T containing soint! cx- [ig, audi IU, " an iuvio- ivas a tyranny ;" that Mr. Iiu paper, and luld, it liu table. ir's i nturroi{tttorica, the I C'unvi'iitiuu camo to a :re to ihu KCiiuiiiu prin- istltution ; that the ob- thti cluctions, and thort- f I'arliainunt ; that Mr. led any deviation I'roiu that hu never heard him 'oiistitution, but that hu order. Thu scruples of this been removed, ho was ir, and consented to take ned, that ho was twice ce's house in Kirkintil- tlio Society was formed, witli Mr. Muir; that ere, and Wallace; that, a copy of I'aino's works the nfcut-coat pocket of he does not remember lut the book ; that he is . Muir spoke of the will eing the sovereign will, laid Paine said so ; tliat ipies of the Patriot, and litical Progress; that he Mr. Muir in his father's I Itiiiitc, at lliliiiirshill, who li.iilc hiiii U'cp thfin, iinl III shew thiMii tn it Sncii'ty III wax ill, uliicii was a Socicfy lnr ihi- piirpiiiii' III' piirchaiiin'^ mid rt-adinir hiHikii. H<'in){ intMrmiiatiid by Mr. Muir, il>'- piiiit'*, lli.it III! iliK's not riinicnibiT lo liavi' lii'.iril him ii|)i'aka(;uiiiHtt;iivi'riiinriit; tliit Mr. Muir iliil mil :iilvis<' iiiicniistitii- liiinal iiii'iisiircs ; llial he liciiril liiiii spcnk abfiiit the i.'i>vi'riim"iit ; that hi! heard him li'll how Old S,iiiim was ri'prt'si'iiti'il. The I.Ollli AliviK ATK cailKi'd the srii. Iitncc of I'litiitatiiiii against Mr. Muir to he read [which is aiiiii!xed in llic Appciiiliv |, and al'trrwnnU proposed to prove the Dc- claratiiiiiHlicl'iirclhi' .SherilV, and llit- papers that were foiiinl upon Mr. Muir wlicc lie- fore the niaitislratc at Stranraer. In nr- tler lo save time and trouble, .Mr, .Muir au'rt'ed tn admit them without proof, but iiiiiler this exprcs.H ciinditioii, that none iif lliese p'lpers sheiild bi! used in i!videiiee against him of any eriminrUilv. If tlieiM! papers, said Mr. .Nli'ilt, had af- I'lirded any weighty discoveries of my guilt, the iudietment should liaieso stateil. It was impossible that these papers could aH'ord the smallest preDuinptiou against me, and therefore there is not a single article of the indictment alleged that they were of a culpable tendency. It is indeed asserted in the libel, that these papers were found upon me ; but that they are of a felonious or a seditious ten- deni'v, is no whert! set forth. In the con- cluding proposition of the indictment, in which thu whole criminal charge is reca- pitulated, th(!se papers are pi;ssed over in silence. In proof of this, permit inc to read the conclusion : " At least, times and places above men- tioned, the said seditious speeches and harsngues vvoro uttered, the said seditious books or pamphlets recommended to be purchased and perused, the said seditious books or pamphlets circulitted and distri- buted, as aforesaid, and the said wicked .ind inllammatory address produced, read, I'lcommeiiilcd, and approved of, in man- ner above mentioned ; and the said Tho . mas Muir is guilty actor, or art aiid part, of all and each, or one or other of the foresaid crimes. All which, or port tiiere- of, being found proven, by the veiliet of an assize, before our Lord Juotico Gen- eral, Lord Justice Clerk, and Lords Com- missioners of Justiciary, in a Court of Justiciary to be hotden by them within the Criminal Court-house of Edinburgh, the said Thomas Muir ought to be pun- ished with the pains of law, to deter others u2 I'riiin ciimiiiilliiix the like crimes in all tirui' coining," Till! Liiiii) \iiMK vn;, ill reply, staled, that he was enlilled In liriiitf fiirwanl everv I'lreiimBtaiicf wliieh rmild criiiiinale the paiinel, .illlinugli Ihese eireiimstaiices were only cidlateral, iinr in issue or ne- cessary ill the coueliisiiiii. I Tlie Cleik of Ciiiirt a<'C(irdiii;.dy read the declarations, the passpiirls, and the iitlier papers, whirh aro annexed in (he Appendix,] NVheii (he Clerk of ('nilll prneeeded lo read the leiler signed, .1. .Muir, the pan- nel arose, and said, that lie s.iw il was vain for him to niakt! any objeclion, however strong it might be in law, it ,vn« sure tn be OK rriiled ; but ('\ery mind liiiclured with t inanity would shrink a the wan- ton iinclosiire of the e'lxiety, and tho grief of a private fainilj , especially when the Prosecutor had hinv elf adnillted, that the paperi which he had oad and proposed to read, 're not i,e< 'lary to tho ('"'lelu- sion of the libel. The Loiii) AiiviMATH stated t his conduct procetvled from no id', •! liosity ; that the letters found upon Sh. Muir would complttely '" away the assertion of his anxiety to u , home, and prove the guilt attendiir his I .^ht. I om convince!., said Mr. Muih, of tho reverse. I gladly join issue with the Pro- secutor, and consent to these letters being road. After tho papers subjoined in the Ap- pendix had been read, the Lord Advocate declared the proof Knished on the part of the Crown, and M . Muir commenced his proof in exculpation. Mr. Muiit proceeded to adduce the following evidence in support of his l)c- fence. iniliam Skirviui) of Strathruddie, Se. cretary to tho British Convention, de- pones, that it was thought proper that Mr. Muir should attend a meeting of the i'l Vr-da of the People in London; that .1' MIS account he left Kdinburgh, and wt .It to London in Jauuary last ; that ho received a letter from Mr. Muir, dated from London, mentioning that hu had appeared in the Society at London, of which Mr. Grey is a member, and giving an account of what had been done there ; that owing to some lato circumstances which occurred in his family, he cannot at present find Mr. Muir's letter, but that, according to the best of his recollection, he thinks, Mr. Muir wrote him, he was advised by some friends to go to France, as he might have some influence with the I 20 THIAL OF } 1 '■■■ ; f ;i' li'adiiiir people, in mitig^lin); thu (ate of tin- Kiujj ; llwit wliile Mr. Muir was at I'aiis, he received a letter from him, i;;ivinji an account of the esecutioii, and that Mr. Miiir meiUioned in that letter, that he would return as soon as his friends shoidd be of opinion his presence was ne- cessary in Scotland; that he has been fre- quently with Mr. .Muir in private, and has often heard him speak in public, in the Societies ; that he never heard him speak against the constitution, advised the peo. pie to disorder or sedition, but that he al- ways inculcated upon them, that there was no'other mode of obtaioinjj the proposed reform than by applying to I'arliament by respectful petitions; and that .Mr. Muir never submitted to his consideration .iny plan of Oovernment ; that the general tenor of Mr. Muir's Address to the Peo- ple in the Societies was to impress upon their minds the necessity of good order, and that before they attempted public re- formation they should begin by reforming themselves ; that he does not believe Mr. Muir isconnected with any .Society, abroad or at home, for the purpose of exciting sedition ; that he never heard Mr. Muir speak against the monarchical part of our constitution, and that he has been in his company in his most unguarded moments; that he remembers a private conversation 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 ; that he was happy to finJ the pannel of this opinion, and he then told the pannel, that he had written on the subject, and proposed to give lectures on government ; that Mr. Muir approved so much of the proposal, that he infor.Tied him that, for himself, he would dispose of eighty or a hundred tickets. Upon the interrogation of the Lord Ad- vocate, if he was not the person who had designed himself, on a late occasion, Se- r.ritary- General to the Association of tiie Friends of the People ; — answered, that it was a mere mistake in writing out the Petition, for he was Secretary to the Ge- neral Association of the Friends of the People. Being interrogated by Mr. .Muir, if he remembered the tenor of the answer which he proposed in the Convention to the Ad- dress of the Society of United Irishmen in Dublin, depones, that he cannot re- collect. J.mu Campbell, W. S. depones, that in the beginning of last winter, he acted as agent for Mr. Muir ; that while the pannel was in France, he received from him two letters from Paris, which he pro- duced, and likewise had received another from Calais, upon which at present he could not lay his hands. These two let- ters were read by the Clerk of Court, and are subjoined in the Appendix. They expressed Mr. Muir's willingness to return home whenever it should be necessary, hut at the same time his regret for so soon leaving an amiable set of acijuaintances, with whom his friendship was just com- mencing. Upon the pannel's interrogatory, he depones, that he never heard him attempt to excite the people of the Societies to sedition or outrage ; that he r.lorted them to avoid riotous conduct, to behave or- derly, peaceably, and, above all, to attend to the moral characters of those whom they admitted members ; that he also re- members Mr. Muir'sopinionofMr. Paine's book was, that it might be dangerous for people of weak minds. Jo/tii Huchannn, Baker, Edinburgh, de- pones, that he has often heard Mr. Muir speak in the Societies ; that he never ad- vised sedition, riot, insurrection, nor un- constitutional measures, but, that they should act peaceably and orderly ; that ho said, the constitution ought to direct all their applications to Parliament ; and, that he used to say in conversation, that the constitution ought to be to us the po- lar star, and that we should begin our Re- formation by first erecting among our- selves the temple of morality ; that he had more sense than to think of procuring a redress of grievances by any other than constitutional measures ; and that he does not remember of hearing him give any opinion upon Paine's books. Captain IFilliam Johnstone, Edinburgh, depones, that the principles of Mr. Muir were firmly for supporting the constitution as it stood at present ; and that all the other principles, hel :! by him, grew out of this one ; that Mr. Muir never advised tumult, but recommended sobriety, and said, that nothing would do but an appli- cation to Parliament by way of a petition ; that it is inconsistent with his knowledge that Mr. Muir circulated any books or pamphlets ; that while Mr. Muir was in France, he received from him one or two letters upon general subjects, but that he remembers Mr. Muir expressed in them his intention of returning home ; that he had sought foi' these letters, but could not lay his hand upon them. Maurice Thomson, Starch-maker, Edin- burgh, depones, that he once heard Mr. Muir in a Society of the Friends of the I I Paris, which he pro- had received another which at present he nds. These two let- ; Clerk of Court, and le Appendix. They s willingness to return should be necessary, ' his regret for so soon set of ac(|uaintance8, ndship was just corn- el's interrogatory, he icr heard him attempt le of the Societies to that he rJorted them induct, to behave or- id, above all, to attend icters of those whom bers ; that he also re- ! opinion of Mr. Paine's light be dangerous for ids. Baker, Edinburgh, de- often heard Mr. Muir ies ; that he never ad- insurrection, nor un- sures, but, that they y and orderly ; that ho on ought to direct all to Parliament ; and, I in conversation, that ght to be to us the po- i should begin our Re- erecting among our- f morality; that he had } think of procuring a ees by any other than litres ; and that he does hearing him give any e's books. Johnalone, Edinburgh, mnciples of Mr. Muir porting the constitution lent; and that all the >1 :! by him, grew out of •. Muir never advised imended sobriety, and would do but an appli- nt by way of a petition ; int with his knowledge ■culated any books or phile Mr. Muir was in id from him one or two al subjects, but that he uir expressed in them turning home ; that he se letters, but could not them. in, Starch-maker, Edin- hat he once heard Mr. ' of the Friends of the r THOMAS MUlll. 21 People deliver a speech, but does not re- member much of it ; that he heard him speak about refcirm, measures which were constitutional, and the necessity of being moderate, and never heard him advise the people to excite disturbances. C/iarles Sailer, Brewer, Edinburgh, de. pones, that in Societies he has heard Mr. Muir speak three or four times ; that he exhorted them to constitutional measures, pence, and order. J'eter IFooil, Teacher, Edinburgh, de- pones, that he has heard the pannel speak in Societies, and impress upon them the necessity of petitioning the House of Com- mons ; that he never heard him speak against the King or House of Lords , that he never saw him distribute any books or pamphlets ; and that he heard him say, no members should be admitted into the Societies who were inclined to fac- tion. J)iiviil Dale, Merchant, Glasgow, de- pones, that he has seen Mr. Muir at the Star Inn at Glasgow, in Meetings of the Friends of the People ; that he remembers a motion was made, that books should be recommended to the Society ; that this motion was opposed by Mr. Muir, who argued, that most books were written too much in the spirit of parly ; that no truth could be got from them, and that the only way to procure knowledge was by general reading : that he advised the people to iii- iurm themselves on both sides of the qces- tion ; — to seek reform by measures calm and constitutional ; and that they had no other mode of obtaining it than by peti- tioning Parliament ; that he never heard him say any thing which had a tendency to excite sedition ; and that he always ad- vised the people to be quiet and orderly ; that he never knew of his distributing books, or recommending Paine's works ; and that he advised the Friends of tha People to expel any member who might behave seditiously or disorderly. Being interrogated by the Lord Advo- cate, depones, that it was at a meeting of the Friends of the People, at the Star Inn, that he heard Mr. Muir oppose the re- commending of particular books ; that he does not recollect the particular month when this occurred. Being interrogated, if he recollects when Mr. Muir was first apprehended, de- pones, he could not precisely. Being asked, if he thought it was in the month of January, or in any of the succeeding months, depones, lie could not be positive, but thinks he might have heard it about five months ago. Upon which the Pro- secutor observed, he had a very short me- mory ; to which the witness assented. IViUiam RiMM, Pastry-baker, Glas- gow, depones, that Mr. Muir .ilways ad- vised peaceable ttnd constitutional mea- sures ; that he docs not remember of hear- ing him recommend any books in parti- cular ; that he never saw any disorder in the meetings of the Friends of the People, and that he does not recollect Mr. Muir's advising to petition Parliament. IViliiam lieid, Bookseller, Glasgow, depones, that he is a bookseller in Glas- gow, and acts in the company under the firm of Brash and Reid ; that he remem- bers to have asked Mr. Muir's opinion about the propriety of selling Paine's book; that Mr Muir said it was an improper book, and that in selling it there might be danger. Upon the interrogatory of the Prosecu- tor, depones, that Mr. Muir gave him this advice a few days before Mr. Honeyman, the SlieriflT of the county, came to take precognitions concerning that book. George U'dddel, Manufacturer, Glasgow, depones, that he has been at meetings of the Societies of the Friends of the People in Glasgow ; that at one of these meetings, he remembers Col. M'Leodand Mr. Muir being present ; that when a motion was made for recommending particular books, both Col. M'Leod and Mr. Muir opposed it, as in most books there was too great a mixture of truth and falsehood ; that the only books which he remembers them to have recommended, were, Blackstone's Commentaries upon the Laws of Eng- land, and Erskine's Institutes of the Laws of Scotland ; that Mr. Muir advised mo- derate measures ; that this was the conti- nual subject of his discourse ; that he said he would glory to have the fable of the House of Commons covered with peti- tions ; that he spoke to Mr. Muir about an address ofcongratulation to the French, in imitation of Dundee, but that Mr. Muir disapproved of it. John liussel, Merchant, Glasgow Af- ter this witness had been sworn, the com- mon question was put to him, if any person had instructed him what to say, he an- swered, none, except to tell the truth. Being asked who instructed him so ; he replied, he could point out no person in particular, but that it was the general ad- vice of all to whom he spoke. He was obliged to produce his summons to be a witness, and it appeared that the citation had been given him four days only before his examination. He was informed by the Court, that any who spoke to him, must have done so in the interval of these 1. I. i >, ■] 22 THIAI. <)l lour Jays, and thut llirrurorc il vma im- possible tliat he could forget nil llioir names. The witness ri'plied, that the ge- neral instruction to spenb Ihe truth wis so uomtnon, that he could not reuitinber at present, any particular person who had given it. The Loitu Advocatk moved, that the witness should be committed to prison for prevarication I Air. MuiR arose, and attempted to speak in defence of the witness, but aa he was bc^rinning, was interrupted by the Court, who commanded him to sit down, -as he had no right or title to interfere in the busii.es9. 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 concealing the truth upon oath ! John lirock, Manufacturer, Glasgow, depones, that he was at one meeting of the Friends of the People, in the Star Inn at Glasgow, where he heard Mr. Muir re- commend adherence to the constitution, and to good order, and that he declared, he would leave the Friends of the People, if ever they should proceed to riotous measures ; tl.at he has heard him speak of books of the Law, but cannot bo posi- tive to any in particular; only, he thinks he remembers to have heard him mention a work of Mr. Locke's. tnili'jm CUdJesfMe, Cabinet-maker, Glasgow, depones, that he never joined himself to any Society of the Friends of the People, but that he is a member of the Society in Glasgow, for the Reform of the Boroughs ; that about the 13th De- cember last, Mr. Muir, when the witness was present, visited that Society, said that the Ilorough Reformers had made great exertions ; recommended to them perse- verance, firmness, and measures which were peaceable ; that he did not exhort them to riot or insurrection ; that he re- members of hearing Mr. Muir observe, that some things in Paine's book wore ex- tremely good, and some things impracti- cable ; that he heard him run down Lib- erty and F'quality, as it implied violation of property, and assigned, that a division of properly was a chinn.'ra which ne\er could exist. George Sell, Manufacturer, Glasgow, depones, that in the Society of the Friends of the People at Glasgow, he has heard Mr. Muir speak, and tiiat he ha^ heard him declare that he woiild admit nu mem- bers into the Society, but such as acknow- ledged the King, House of Lords, and House of C'ommcns ; that he never hcartl him speak - • '.ist the constitution, and that he did r.jt recommend any books in particular, but only such books in general as woulu inform their minds, and render them better members of Society. l{ev. lianiel M' Arthur, Mister of the Grammar School, Glasgow, depones, that he remembers to have had a conversation with Mr. Muir in the Coffee- room at Glasgow, in the months of September or October last ; that he saw Mr. Muir and another gentleman walking together j the gentleman having gone away, Mr. Muir came up to the witness, and said, that the person with whom he had been, was Chair- man of the Society of ihc Friends of the People in Kdinburgh ; that the witness said to Mr. Muir, do you not think this a wrong time for to insist for a Reform in I'arliament? To which Mr. Muir an- swered, that he thought it a proper time, as the country enjoyed the blessings of peace ; that there was no comparison be- twixt this country and France ; that in France, they had sought a Revolution, and had brought it about, but that in Bri- tain we wanted no Revolution, but only a moderate Reform. Jamta M^Gibbon, Kincaid Bleachfield, depones, that he was a member of the Society of Reform in Campsie ; that Mr. Muir came there, and that he did not re- commend any books in particular, nor did he speak against the King, House of Lords, or House of Commons. lioherl Henry, Kincaid, depones, that he is a member of the same Society with the preceding witness ; that Mr. Muir came there : that he spoke of no books in particular, and heard him say nothing against the King, Lords, and Commons, but that he recommended peaceable mea- sures. The Lord Advocate said, it was un- necessary for Mr. Muir to bring so many witnesses to prove the same thing. Mr. Muir replied, that he intended to bring witnesses from every part of the country where he had attended meetings for Reform, that be might clearly prove his innocency : he had only a few more witnesses to adduce. William Orr, Manufacturer, Paisley, deponed, that Mr. Muir and Colonel Dal- rymple came to Paisley ; that in the com- pany of the witness they visited, and ad- dressed thi' different Societies of the LlfJ THOMAS MUIR. 2i id tiiul he huH heard .voidd ndmit nu incm- I, but such us ackuow> louse of Lords, and ; that he never heard the constitution, and mmend any books in sucli books in general ir minds, and render rs of Society. Irthur, Mister of the llasgow, depones, that ,ve had a conversation the Coffee-room at nths of September or he saw Mr. Muir and ralking together J the [one away, Mr. JMuir ees, and said, that the i had been, was Chair- of ihc Friends of the Ijh ; that the witness o you not tiiink this o insist for a Reform which Mr. Muir an- unht it a proper time, nyed the blessings of as no comparison be- and France ; that in sought a Kevolution, about, but that in Bri- Herolution, but only Kincaid BIcachfield, fas a member of the in Campsie ; that Mr. lid that he did not re- ks in particular, nor >t the King, House of Commons. lincaid, depones, that the same Society with ness ; that Mr. Muir be spoke of no books leard him say nothing -.ords, and Commons, ended peaceable mea- >CATE said, it was un- luir to bring so many the same thing. 1, that he intended to m every part of the lad attended meetings e might clearly prove had only a few more lanufacturer. Paisley, iluir and Colonel Dal- sley ; that in the com> s they visited, and ad- enl Societies of the Friends of the I'cople there ; that Mr. Muir, in his speeches, inculcated a firm attachment to the king and constitution ; that he recommended peace and regulari- ty, and reprobated riot and sedition ; that lie exhorted the people to be steady, and to pursue their object by all legal means ; that after having gone through the differ- ent societies, Mr. Muir, Colonel l)al- rymplc, and the witness, went to Sinclair's Inn, in Paisley; that in the course of pri- vate conversation, he heard Mr. Muir say nothing against the king and constitution, but that he heard him say, that the king was the best of princes. Jatnt) Craiij, Manufacturer, Paisley, de- pones, that in the societies of the Friends of the I'eople in Paisley, ho heard Mr.. Mufr declare, that the constitution was a good constitution, and that the king was the friend and father of his people. James liichardton. Merchant, Glasgow, deponed, that he is a member of the same society of the Friends of the People in London of which Mr. Grey is a member ; that he is not a member of any society of the Friends of the People in Scotland, but that he was present at a meeting of the friends of the People in Glasgow, when he heard Mr. Muir exhort the peo- ple to keep by the constitution, and that if any of them were against it, they should be expelled ; that in a masterly manner, ho exposed Liberty and Equality, if it implied division of property, and that he said such a system was totally impracti- cable, and he used every argument to ex- cite the people to keep to the old consti- tution. Mr. Muir now declared, that he had finished the 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 address- ed the Jury as follows : — Gentlemen of the Jury,— 1 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 you, after having been fugitated in this country, and now by your verdict, from which there is no appeal, either his guilt must be fixed or extinguished. Gentle- men, this is the moment which 1 have long and anxiously looked for; and Ideclare,that in the range of my official capacity, among the persons whom I have brought to this bar, if there has been anv one whose .ac- tions particularly pointed him out for pro- secution, whose conduct appeared the most criminal, who has betrayed the great- est appearance of guilt, this is the n>.in. Gentlemen, We all know the perni- cious effects of the many instances of sedi- tious writings and practices which have lately appeared in this country ; and all those persons who have had the courage to come and stand a trial at this bar, have met with the same fate, they have all been found guilty. And I trust, that as the eviJence has clearly unfolded the diabo- lical and mischievous conduct of this per- son, that he will receive a similar verdict. Gentlemen, I could not have conceived that a man who has received a liberal edu- cation — who has practised as an advocate at this bar, should be found, on any oc- casion, among ignorant villagers, and low manufacturers, purposely to sow sedition among them. The charge against the pannel divides itself into three distinct heads, which, how- ever, all centre in one general charge of exciting sedition. 1st, That he circulated Paine's Rights of Man, to speak of which 1 think it un- necessary, after he himself considered this book " too dangerous to weak minds." Yet he has wilfully circulated this book in such a manner, as proves that his in- tention was to overturn our happy Con- stitution. •2dly, He has always been found, as I have stated, making seditious speeches and harangues among knots of ignorant la- bourers, and herds of poor manufactur- ers, whom, I am entitled to say, had it not been for him, would have remained peace- able and contented, and never thought of that incendiary, Paine, nor of forming meetings, till he, like the demon of sedi- tion, stirred thorn up by forming clubs. The very attempt was the same which, in another country, has produced so much anarchy and confusion, and which no gov- ernment could allow. 3dly, He was in a meeting,calling them- selves a Convention of Delegates for ob- taining Parliamentary Reform. Gentle- men, Wo all remember the transactions of last winter. It was then that sedition raised its hydra head, but which the spirit of this country crushed, and since that day has held in utter detestation. It was then that good men felt and trembled, and though some late circumstances may have given cause to suspect that discord is still endeavoured to be excited, I have not a doubt that you will by your verdict this day show that vou still ciitcrlain the . ,!» 2i TIIIAL Of !ian>u abhorrence ut' thete practices, — There, in that Convention — I shall call it by no other name — he, almost alone, was found the supporter and defender of a pa- per — a paper punned by some infamous wretches who have, like himself, lied from the punishment thnt awaited them — which came from a Society styling themselves United Irishmen, and which, even in that convention, was considered dangerous. Yet this person was the ringleader, who insisted that it should be received and answered. These three heads resolve all into one charge — that of exciting discontent, uay almost rebellion, against the govern- ment ; — that most dangerous kind of se- dition, which, according to Judge Black- stone, is next to high treason. Gentlemen, In one thing I agree with the person ut the bar, that this trial is of conseijucnce to posterity. I grant that it is ; but whether as it strikes him, you are this day to judge. It has been my wish to obtain, in this case, the verdict of such a respectable Jury as I now see. Gen- tlemen, You are to determine if sedition be a crime of such a horrid nature as I represent it. I bring forward the arm of power to crush it, and which will be either invigorated or pal-ii d by the ver- dict which you are to give. You will consider the conduct of the pannel, and then say whether it is such a conduct as in your minds ought to be passed over. Gentlemen, As the charge is of three kinds, the witnesses are also of three kinds : and if ever there was a respecta- ble set of witnesses, whose evidence stands on the basis of truth, they arc to be seen here : and in place of being con- tradicted by his witnesses, they are com- pletely corroborated by thero. Gentlemen, As to the charge of sedi- tious speeches, we find him in different parts of the country, exciting in the people a spirit of disafi'ection to the lawful gov- ernment. There has he been recom- mending books to enlighten their minds, a measure in which, however, he has been very unsuccessful, if we may lake NVeddel, the learned vice-president of the Kirkin- tilloch Society, as an example of itseffects. The evidence 1 chiefly rest upon here is Johnstone's, and no evidence can be more distinct, connected, and clear. He and Frccland both agree, that the pannel spoke of the success of the French arms. What could be his motive for discoursing nn this subject to such low, ignorant, and illiterate people ? Why talk to them of the burden of taxes if he did not mean to light up the flame of discontent in the counlry ? Gentlemen, We may hope to live to see these burdens lightened, but you will not allow that person to proceed in his mode of doing it. The lessening of ta:ie8,and payment of the national debt, are subjects which always engage the at- tention of the lower ranks of men, and youwill judge the proprict-.' of haranguing them on such popular topics. He told them, that if they were more equally re- presented, they would not be so heavily taxed, and that the burden of taxes pre- vented them from bringing their goods to market upon equal terms witli the people of France. Could any measure be devised more calculated to produce discontent and sedition than tli.? Had such societies existed before lie came among them, the case would have been somewhat different; but he appears every where the ringleader. We find him with them on the Tuesday preceding the meet- ing, and conversing about it. — He comes to the meeting, liarangues them, and then adjourns with a select party to Wallace's. Can you desire any stronger proof of his being the main instrument and promoterofthese dangerous meetings, than the clear, convincing, and connected evidence I have laid before you ? Gentlemen, The circulating seditious books is the next charge I shall speak to. The passages selected from them, you will see in the indictment. The witness Frceland is again an evidence here. I must observe to you, that it appears ex- tremely doubtful whether he told all that he knew. You might have seen by his face that he prevaricated ; and when close- ly questioned, the sweat broke upon him. He says he got Faine's book out of Muir's pocket. This is a mode of circulating a book which a man of his disposition would very naturally adopt. He did not go openly, but privately. You will judge of him when you have compared his actions with his professions. Indeed, every evi- dence goes to prove, that this wretch ig tainted with sedition from head to foot, and more unworthy of the protection of the law than the meanest villain. The next witness I shall speak of is Anne Fisher ; and though the pannel, by an expression which he made use of, has endeavoured to prejudice you against her, I dare say, Gentlemen, you will agree with me, that her evidence is correct, well founded, stands on the basis of truth, and is corroborated by the evidence of others. She was repeatedly sent to pur- chase Faine's book, and she mentions the r IHUMAS MUlU. 2r) le of discontent in tlic nen, \Vc may iiope to irdeiis li({htoned, but hat person to prucci'd ig it. The lessening nt ul' (he nntiunal debt, always engajre the nt- '.r ranits of men, and roprict'- of haranguing jiar topics. He told *ere more equally re- uld not bo so heavily burden of tiixes pre- bringing their goods iqual terms witli the Could any measure calculated to produce tion than ti ii ? Had ted before lie came case would have been but he appenrs every r. We find him with ly preceding the meet- ; about it. — He come!> larangues them, and 1 a select party to )u desire any stronger the main instrument le dangerous meetings, incing, and connected d before you ? '. circulating seditious liarge I shall speak to. Eted from them, you Etment. The witness an evidence here. I lu, that it appears ex- hether he told all that ight have seen by his ;ated; and when close- weat broke upon him. ne's book out of Muir's mode of circulating a if his disposition would pt. He did not go ly. You will judge of ! compared his actions I. Indeed, every evi- 'e, that this wretch is in from head to foot, y of the protection of sanest villain. ss I shall speak of is though the pannel, by h he made use of, has judice you against her, imen, you will agree evidence is correct. Is on the basis of truth, d by the evidtnce of epeatedly sent to pur- and she mentions the i persons for whom she bought it. She was sent from her master's house, the pan- ncl's father, who I am informed is a re- spectable citizen ; but I do not mean to attach any criminality to him. That per- son at the bar has the miserable retlection of having liimscif imbittercd the lives of his unlortunnlc parents. There, in his father's shop, did he liaranirue all the poor ignorant coinilry people, and persuaded them to lay out their miserable sixpence to piachase the Rights of .Man. There was he always found in the huch shop reading se.ll'iions publications. In that den of sedition he sat liic a a|)ider spin- ninir his filthy web to entrap the unwary. The witness names the persons for whom she purchased Paine's book. One of those persons she condescends upon, is the uncle of that unfortunate wretch at the bar. But I decline bringing the uncle as an evidence against the nephew. Wilson likewise corroborates the evi- dence of Anne Fisher, when he depones, that he was advised to keep a copy of Paine's book in his shop, because " it would enlighten his customers, for that it refuted Mr. Harke entirely." What ! he confuted Mr. Burke ! — a man whose won- derful talents, astonishing genius, and su- blime efforts, have lately been so nobly exerted in the defence of cur glorious constitution! — Oentlemcn, yui; have now only to read the passages qiio'ed from that book in the indictment, and if you are loyal to your king— if you lovt your country, and are desirous to preserve it, you will return a verdict against this man, who has dared to recommend that wretch- ed outcast and his writings — works which I never read till my official situation obliged me to •► B-M I need not tell yon mv opinion of this book, since the whole "country holds it in detestation. [Here the Lord Advocate read some passages from the indictment.] Now, Gentlemen, when he approves of sentiments such as these, what signifies •ill his evidence of attachment to the King and Constitution ? We are told, indeed, by one of his witnesses, that he advised him not to sell Paine's book ; but when closely questioned upon his cross-exami- nation, it unfortunately turns out that this was from a sense of danger, not from real sentiment ; it happened, you will remem- ber. Gentlemen, about the time that the Slu'riff came to inquire about this book. Gentlemen, it even appears from the evidence of lusher, that the poor organist could not pass the door of this demon of mischief, but he must be stopped to play Ca Ira — a tune which is made use of in that unhappy country France, as a signal for blood and carnage, it may be said that the evidence nf this girl is somewh it contradicted by that of the p.mnel's friend old Barclay the elder. But you will r"- collect the salvo 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 pannel's proceedings in that " Conven- tion of Delegates," as they styled them- selves. It is clearly proved, that in that place he read, approved of, and defended the Irish Address. But, Gentlemen, you will not approve of such a paper, nor dis- regard such a convincing proof of his guilt ; nor will you, were his abilities ever so great, or his views ever so comprehen- sive, permit that person to set up his dar- ing and seditious opinions in opposition to the excellent government of this coun- try. Indeed, his actions in some instances appear tinctured with madness : and were it not that we find him everywhere a de- termined enemy and ringleader in a hor- rid scheme of sedition 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 incon- testible, 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 i.i France — and that he always wisheif to come forward to this trial. But am shall soon see how this corresponds with facta. I should have made no oojection to his proving this. It w luld h.ive argued some dep:ree of honour. But these false asser- tions are all clei.r.y refuted, and I will make it appear that wcfled from this coun- try under the imp.ession of guilt ; and now he is returned to be again the pest of Scotland, with the same diabolical inten- tion as before. But, Gentlemen, what was the reason of his going to F'rance ? I was never more surprised at any thing than the evidence of Skirving, when he told us that the pannel was sent to France by persons styling themselves the Friends of the People, because it was believed he might have influence in saving the life of the King of France. Did the witness know — did he recollect that he was at that time accusing the pannel of high treason ? But why were these people so much in- 2(5 TRIAL Ol- :i Ioii'sIlmI ill avtrtiiiK tliiscvont y Tlie wit- riots lias iiiformi'd us. It was thouBlit siirli an ovi'iit would hurt tlipir romnioii caii'i'. WImt causi! ? The ilosijjii of ovi'ilhrowiiiff the Gnverumt'iit of tiiis c'ouiitry. 'i'hore, thon, he stands an am hassador from a socioty in this country to France — a cinumstancc which RriMllv iiciijhtciis his 1,'uiit. (jcntlemei), I have postponed lliis trial much longer thai, 1 oiighi !o have d"i. •, bccauiie I wi'i willliie to giv th'^ pniiiK I every opporluni'y i f rolurnuisf, and I in- serted the ariinurninnnt in thi' public pa- piTs, in the exfw .!ti:!lon that it iiiii^hf find him while romisMi;.- Lhrou){h the world. Ol.-i.Tve the Khipmisfer's receipt; it is ilatcd the IGlli of Mav ; wh.it bocamf ol him all the time fron th: ( .iate, ;li! thf 31st !'( .luly, when lio v.as aoprclu'iidcd ;' Nobody was informed of hit- intcntiu.' of rtfuriiinif. How unlucky i'lat i.ot one solitiiry 'otter was wafted by iiie winds, or Impelli d by the waves, to his li iendt iicrc, and inserted in the Edinburgh Gazetteer >ir Caledonian Mercury, to give iitiiioe of wliat he says was his earnest wish ; but the very reverse of this was the <::im'. By his father's letter we find biin in Ireland, and v^ho knows liow he was orijiloyed there ? We know nothing of hiri! il! this time, except what we may discoM > from the diploma of the respcclahle Society of United Irishmen. Gentlemen, You may know a man by the company he keeps. Amonp his pa- pers there is a letter addressed to the Res . T. Fysho I'almer, a man who in a few days is to be tried at Perth. The seal of that letter is remarkable. It is a Cap of Liberty on a Spear, and under it is the motto Ca Ira. You see, Gentlemen, the pannel returns to this country with all the insignia of sedition about him. Gentlemen, I beg your attention to a passage which I shall read tu you from a celebrated French author. We will see what was his opinion of the British Con- stitution. [Here the Lord Advocate read a very long quot.itiun from De Lolme on the British Constitution, from the middle of page 554 to the end of the book.] Gentlemen, You have heard what a fo- reigner has said of our glorious constitu- tion, and you must be sensible how care- fully we ought to preserve it. I trust you will view this case in the same light as I do. Y'ou will protect your King from the attacks of his P""'.r>ies, and you will guard this temple of freedom from all the attempts of the factious. You will not al- low it to be violated by that person at the bar; and you will now, (ientlemi-n, pre- vent his attempts in future ; and 1 conjure you to do justice to your country, and honour to \ ourselves, by returning such .1 verdict ;is (nil stop that man in his mad e.ueer, v hr, h is ber!> sowing sedition in I'l'. ry corner Viillt s.i li')eral a hand. .V^. iMi'iK addrcf.si!!) 'he Jury as fol- Oenilcmen of thf .ny vr. deivv ". I ) v.ifd witli joytiil eXMi j'l J --1 now rise in i!i^( i mg looked I'or- ; lion to this day. All that malice coulil liuvise — all that slander could circulate, has been directed against me. Gentlem' n, i speak with pride and triumph. After an in(|uisition p ■'•haps unex;'.mp'o('i in ! <; history of this country, iiy loj.ti : charai lor stands secure .■in. \Vi(!i lire paid aird airony- iti'ius ass. 'i\s of piili'ii; reputation — with sii, ;i mean and worthless adversaries, I disdained to enter the lists — I reserved my vindication to this day, when before yoit, ill the fare of Scotland, I should ma- nifest my innoeency. Gentlemen, I sup- plicate no favour. I deiniuid justice. You are bound to grant it. I shall not imitate the example of the Public Prose- cutor, who has just fiitished his pleading. Sounding and unsubstantial declamation is unsuitable for you — it is unworthy of me. This is not the time to temporize. The eyes of this country are fixed upon us both ; the records of this trial will pass down to posterity ; and, Gentlemen, when our ashes shall bo scattered by the winds of heaven, the impartial voice of future times will rcjudge your verdict. In the meantime, let faction rage — let the spirit of party in the present hour proudly do- mineer — the illusion will soon vanish away. In solitude, the power of recol- lection will assume its influence ; and then. Gentlemen, it will be material to you to consider whether or not you have "acted uprightly, or sinned against your own eternal conscience, in my acquittal, or in ray condemnation. Genth^men, there are two circumstanres which havo been strongly insisted upon by the Pirblic Prosecutor, though they have little or no connection with the general nature of the evidence he has adduced. I shall take some notice of these circumstances here, before I enter into a particular vindica- tion of my conduct. Long, indeed, has ho liarangutd upon them, and has exhi- biied them in every form his imagination could suggest. He maintains, that, after I had been examined by a magistrate, af- IIIOMAS MUltl. 27 low, (icntlenicn, pn;- I'uture ; and 1 roiijuiv 10 your ('(Miiitry, and ;s, l)y riiluriiinjl such •p that man in \m mad ^•.! sowini; sedition in • liiierul a liand. si!() the Jury as foU ' Jm J --1 now tisu in luivi ing looked for- ;ii;<'*.- lion to this day. idil liovise — all that ite, has been directed lem' n, i speak with After an in(|uisilion 1 in ; liislory of this harai 'lir stands seenre Upon my public con- inijuisition witii seorn li llie paid and nnony- li'ii; reputation — with rlhiess adversaries, I the lists — I reserved his day, when bel'orn ieotland, I should ma- . Gentlemen, I sup- I demand justice, grant it. I shall not of the I'ublic I'rose- fniished his pleading, ibstantial declamation u — it is unworthy of le time to temporize, luntry ari fixed upon Is of this trial will pass md, Gentlemen, when mattered by the winds lartial voice of future yonr verdict. In the in rage — let the spirit lent hour proudly do- on will soon vanish , the power of recol- 3 its influence ; and it will be material to L'ther or not you have ' sinned against your 5nce, in my acquittal, nation. GentU^men, irastanres which hnvo id upon by the Public they have little or no general nature of the iduced. I shall take e circumstances here, a particular vindicn- ;. Long, indeed, has 1 them, and has exhi- ' form his imagination ! maintains, that, after cd by a magistrate, af- ter an infnrmatiiin had been lilcil against me, I lied from this country, conscious of my guilt I (icnilcmen, I ailinit the fact of my departure. Hut, in those days, in these circumstances, can it be ascribed only to conscious nuilt V When the whole strength of arbilrary power is exerted against one individual, would it be com- mendable in him to expose himself as a sacrifice, when his snfl'erings might be of no service to his country, and would only present posterity with an addition to the vast catalogue of the victims of despotism ? If tlicie are only two motives to which you can assign my departure, you are bound in justice to ascribe it to the most charitable. But do the circumstances at- tending my departure bear any resem- blance to a flight ? Did I not publicly announce it the preceding evening in a numerous meeting of citizens ? Did I not cause it to be published in a newspaper? Did I affect the garb of concealment? When in London did I remain in obscu- rity ? Did I not appear in a distinguished society — the Society of the Friends of the People ? And did not that society after- wards publish a resolution, announcing in its preamble my appearance among tlirm? But V ' y did I go immediately to France ? in Mr. Skirving's cviilence re- specting a letter he received from me be- fore I left London, he lias said that I pro- posed to go to Paris, as it was the advice of some friends 1 might be of some ser- vice in mitigating the fate of the late King of France. The words of Mr. Skir- ving, " tome fritndi," have been inge- niously 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 inju- rious: 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. Pkirving never said so ! No person can or dare say, that I went as a missionary to .-i foreign power, or even received any dele- gation either from individuals or from any society whatever. Building, then, upon this unsubstantial basis of words, never uttered in evidence by Mr. Skirving, I am accused of a species of " high treason," in being a missionary to a foreign power, without any legal authority from this coun- try. 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 Prosecutor to adduce the smallest ves- tige of evidence in support of it. (ientlemeu, I admit 1 »'r"te to Mr. Skirving of my intention of giiinu to France nor will I deny the motive. I saw in the exeeulion of the late King, a specious pretext for iiliiiiging the country into a war, and forexleuding the efl'usion of human blood to every corner of the world ! I may have erred ; I may have acted from cnthuMasm ; but it was an en- thusiasm in the cause of man. If, at the period when it was free for every person to publish their sentiments upon that aw- ful occasion, I wished likewise to publish mine, can that be imputed to mo as a crime ? Has not the Prosecutor lamented that disastrous event, and will he not ex- cuse a man who wanted to prevent it r who with many friends to humanity of every nation, and of every party, in pri- vate, and in public, in conversation, and froi.1 the press, exerted their abilities to ward it oil", because they considered it pregnant with evil to this country, and foresaw that it would introduce years of blood and of sorrow ? It is said that my departure from Scot- land, and my journey to Paris, arc cir- cumstances which afl'ord some presump- tion of guilt. But, Gentlemen, that pre- sumption is now done away, — / liai-e re. turned. Gentlemen, The Public Prosecutor has boasted that he delai/ed the trial to give me an opportunity of returning ; that he postponed it for some weeks, and adver- tised it in the public papers, which he supposed would lind me " roaming in some part of the world." But was lie ig- norant that hostilities were at that time commencing, and that it was tedious and ditlicult to procure passports? Of that difficulty surely every person here is con- vinced. , . , , , . 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 1 procure.: my pass- port, 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 re- turn homo : the first by the way of Ham- burgh; the 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 pockct- bor.k when I was stopped on m\' landing I 111 88 THIAl. OF 4i$ w\ ill Scotliiiul, pruvei tliat I liaJ uetually lakuii my |)assige. This vessel, liowen-r, v:as (lftaiiii'y tak- ing on board her caruo, ami liy uii em- barf;o wlilcli wait at that tiiiic l.tiil on all neutral vessels in the purls >(' Kraiiee. In the interval another Aine/i'an vessel, the Hope of Ualtiinore, ani ed, which was to loueh at HeHust lor a part of her car^o before she returned to America. This appeared to me a fortunate eircuin- atanee, and I immediately adopted the plan of retnriiiiiij to .Scotland by the way of Ireland ; — not to supplicate favour — not to implore protection — but de- claiming upon a fart which he shriMka from firuvimj, and which his artful contriv- aiici' prevents me from 'luijiroting. Gentlemen, You are now, I trust, con- vinced that no " consciousness of guilt " led me from Scotland ; — (hat no impro- per motive carried me from England to I'Vance ; amino deep and secret intention induced me to return in disguise to my native country. (Jentlenien, I have al- ready stated to you, that the object of that return was to demand jmtire, to wipe away the iinpulalion of the crime of which I am now charged. And what, I ask, is that crime ? It is skdition— a term the most vague and uiidefmcd — a term fami- liar to |)ower — familiar to corruption — a term which has been applied in one age to men rejecic by society, but whose names were h(iii ired by after times, and upon whose virtues and suH'erings, m the succeeding age, the pillar of the constitu- tion was eructed. Gentlemen, the records of history — the monuments of fiirmer ages — the annals of the present period — all attest that this crime of sedition is of the most ambigui us complexion. Those who have dared to oppose arhitmry power, who have ventured to stem the tide of cor- ruption, or to come forv\ard in the hour of danger, and to save their country, have been branded with this e))ithct. The 'er. , ""i fact, is no longer injurious. Kx- pi'ience will make jou to connect along will, it no prejudices. You will scrutinize the idea ; you will investigate the fact combined with the intention. And, (icn- tlemen, let us proceed to that investiga- tion. Tell me where the smallest vest' ,e of sedition has appeared ? Has jiroperty been invaded ? lias the murderer walked your streets? Has the blood of the citi- zens flowed ? O no ! But it is said, al- though the eflecls of sedition have not taken place, the attempt was meditated ! GentlemeiJ, The Prosecutor has talked of the danger the people of this country were in last winter — of the deep-laid plots aiidtrcasonahleconspiracies of the Friends of the People ! And 1 am the man whom he charges as tlie author of the whole, — - THOMAS Ml III. 8!) t prudui.'v tliKilt-cluratiuii ^furv tlie intigintrutes at t tlvclariition wotiKt liuvu Hill coiiio iiitu tills i-omi- cniaiiiicr. And nn much t'li fiiiiiided upon my Dtland in a clnndcslinu larked us a circunislniicc Lralnst mc in tin; indict- jud^fi' of till! reclitndu r's cundui't in tlnu> de- fart wliich lie slirlMks I wliiuli his artful contriv- ^ from iiniirocing. )ii are now, I trust, eoii- eoiisrioii!t Ithl-katlllll!, Ililt Willi iIh' Irvily <)(' IIU|iiii)i|r>r(>il wurdii— imt In till' privalc lioiir nt rclixntion — nut In llic lual dC |)n|Miliir licbntc, liiil In tin' iiiliil- iM'iiH anil 4iilltii(l>- ol' Htiiily — itiiiiiitiliiH'il till' itaiiU' |ir()|i<>!*ltuiiiii V liii'li I nialntalii — lii'Kti K»'l'y "I il>'' saini' Ki'illlliiii III' mIiIi'Ii I am uniily, wli"U lie |ir'iiii)Uin'fil that llir romditiitloii wa* iiapiTli'cl in its ))u|inlar Itrnnrli, ntid 'lial ilanv tillrrutiun wag no- Msfiiry, il Wiis //h/t In Itr ili"liall not ri!l»r to writi'is who ari' now no inori'. luiil wlin an* lii'\oii(l ilio rcui'li of piiiilnlirnt'iil. V'diiiit'aiii'c cciusi's ill tlin i^ravc. Thcrt' l'a'."tioiis nii(t p irtii"> i-aliiiot ra^'c Itiit if I havo lioen nuilty ol a (tIiiu', 1 simll iint clai'ii till! pr 'tcclioit of th'.- di-ail. I *liall not waiiilcr aiiionp; tin! toinhn supplifaliiijj tlio (uoiiHtuiiL'u ol tlin)>i' who cannot hear mi'. I havi! thr i^rcati'^t lirhiff cliarnL'tcrs on my "iiio — men liiifli in riiiik anil power — who enjoy the eontiilenee of the Kiii)x, uvi att; ndinilted >iitn the husom of his C'ounsols. Why, fienlleinen, the I'rinie Minister of tin,' country, NVm. I'itt, and the. ( 'onirnander. iii.( 'hief of thcArmVi the Duke of Uiehmoiid, have both been stre- nuoii* advocntes of Reform. Are they not then criminal im 1 am? It can never bo forgotten, tIdU, in the year 1782, Mr. I'ltl w:u luinied with (.'han- cellor of the F..\cliequer, and the Com- mander of his Majesty's Forces. [Here Mr. Muir turned to the Lord Advocate, and, in u strain of bold and rutting elo- 'pience, (Heiuiiiioil | _ Ami pray, my Lord, what terni of siiper-emiiieiil diHiuiction will v'>". the I'liblii^ I'roKccutor, tin- Lord Advocate of Scotl iiid, elalni fir ijmirnclff Voii alio were, not many inoutlm ai;o, a Reformer. Yon contended for a more equal representation of the People in the Home of ('ominoiin. You were i>ne of (luxe Mil II who, for that purpote, lately (iKFembled in this oily, in what they railed a ('Mnt'i'MfiVn, and iiasunied t > themselves the title of Dcli'kJ.ites from the t \mnliet ,- and you wen: then employed In framing I Kill for (^xteiidiiiK the Kleetive l-'raii- chise ! Why, my Lord, in aecusiiiK me, you cliarne yoiirielf with sodition — every eharifu in your indielineiit against me re- I'oils upon yourtrlf. If it was lawful for yoM and yuur friends to meet in Soeielies and (,'oiiventioiiH, for the |)urpose of ob- tainlnu iieform, it cannot »urely be illegal ill me and my friends to meet, and to act on the H.iiiie principle. i hIkiII not, however. Gentlemen, de- tain you lonficr on this point ; allhoiiirli my luserlions urc founded on truth, iiid my reasoning is just, yet the subject Is too ridiuuluuH to bo dwelt upon in this man's trial. (ivntlemen, the Hint charge in the in- dictment is, that I was ooncerncd in <'on- veiiin); meetiiii>s of the people, at which I made seditious spei^ches and baran<{ues, vilifying: the Kiii<; and Constitution, I've. Now, Gentlemen, the lirst witness ad- duced in support .f this charf^e is Ate^- (iMitcf JohimtoHe. \ jU will remember the objection I stated to this witness, and which I ceuld have supported by respeelablo witnesses, if I had bc<'n allowed. Hut what does Johnstone prove against me ? [Here Mr. Muir, from bis notes, read Johnstone's evidence. ] The witiies,-* says I stated the imperfecli'jn of the represen- tation, from Uurirhs being rotten, and other (ilaccs having no vote. And do you call this nedition ? 'I ho witness swore he heard me say, that if a man thri!w away .i'20,lK)4) to procuM a seat in Parliament, he surety had some interest in it. And can it be supposed that any man in his sens'^s would (rive such a sum for a se.at in Parliament without huvin}^ some sinister viorti ? In no proposition of Euclid is the conclusion more demonstrable than the inference which 1 drew from 'his undo- iiiablc fact. It may be said that this has been done from ambition — from u man's ii|;ii, a HiiciKlt'd lor il inorr 1 1)1 tilt! l'('(i|ili' ill till! ■ IK. )'mU WlTl! OIK! of r thut |itir|ioiKS lululy ity, ill uliul tii(!y ralli-il IIMIIIIUcd t I ttl>'lll8('lvuH li'« from llif ( 'ountie$ ,- eiiiplnyod ill lraiiiiii(( K till' Kli.'cti»(! Fraii- l.iiril, ill ai-cutiiit; me, Il witli imiitiiiii — rvcry liclmtfiit iigniiist iiu^ ri>- II' il wiui lawl'ul t\>T (Is to iiu-t't ill Sociutios lor till! |)iir|)(Hi(" ol' ob- caiiiKit Hiiroly bu illegal ikIh to meet, und tu act iplo. I'vi-r, fJtMitleiiiiui, du- ll tlii;< |)oiiit ; nltlioii i^hs being rotten, und ; MO vote. And do you 'I ho witness aworo he it if a man threw away ri) a stmt in I'arliamcnt, le interest in it. And ■d that any man in his i such u sura lor a scit out havin;^ some sinister position of Euclid is the deiiiondtrable than the drew from )his iindo- ay be said that this has mbition — from a man's lit great taUnts for the try, or of dis()layin)j; bis vorld ; but have we not en bv the man who nc- vir 'i,( i'.ing them to insurrection and rebellion ? The wii.iicss furlin'r says, that the meet- ing was oiiui'iiiilly composed of young weavers, •;.)n> lb to 21 years of age. I blush to mention the inference which tho Lord Advocate has druwn from this, that people in that situation of life, aud of that age, have no right to concern themselves in public all'airs ! People in that situa- tion ! Why, Gentlemen, instead of sneer- S8 T I .) o\' ft if iiiu attlit'iii. It Wiiulil linvu bucii iiKiri' li<'- (■i>niin,( ill tlio l.urd Ailvncatc In liiivr miiil tliat llii'V lire in lln' " itituition" of iIhim' wild ciiiniMiin' llii^ ifriMt mam (ilnocMi'ty, — wild iiii|i|idrt the (idviTiiiiicnt liy tlit-ir In- ilimtry, mid wlm li^lit tin- liiitllc^ iif llwir cduiitrv. And what itzi- y 'I lial pcridd of lilV- wlifii till' Ill-art it iliin)rrii|iti'd, wlirii till' sdil H Ih'hI I'ri'parcd Id rowivi; till' Udod hi'imI, hiiiI wlii'ii till' iiiiiiil i^ iiKml »iifn'('|itilili' dl' ilic iiiiiirohiidiiH dl' virtiii' and liiimanily. Miiitl tin- nii>ml)L>M id' that Sorii'ty lii> licld ii|) tii diTHidii, lii'- «Hii«' till! inajdiily wa« Cdmiioacd dl' wcii- viTs, and lieraunc lliry niiuht I"' priiwi- (I'llly yoinitf ini-ii 'f Muitt tlii-y In- i-i'iiiiiP'd IVir intiTi'Ktiiijf tli('in*tdvi'» in llic vvi'll'arc of that Country in which they were tii !t|iciid till' ri'inaindi'r of their days ? And must they mil prcHiiine to ini|iiirc inti) tlic natiiri' dl that constitution in the operiitidii of w liicli the Imppiness nf their I'litiire liven i* lo inati'rially concernfil? ( ieiilh-inen, you will rciiieinbor that this witness stated that I r-'Cdininonded peace and rejjiilari- ty : thai I told them there was no other way of prociirina redress, hut hy an appli- eatidii to I'arliainent ; that I advised them to receive no immoral characters ris inein- licrs ; and yuu will jud^e how far xncli lulvice accord* with the criminal charges of the indiclment. The next witness is Hubert Wnddel, vice-president nf the Kirkintilloch So. ciuty. From hi:; uxaniination there ap- pears lid proof of criminality, not the most slight indicaliuii of guilt. It is to bo ob- served, that he depones to circumstances which occurred in the same meeting, at which the former witness was present ; they, however, do not agree respecting my general conduct. I am accused of vilifying the King and Constitution ; and what dues this witness say ? — that I made n speech, in which 1 advised regularity In their proceedings, ond that they ought to proceed in a constitutional manner, as the la»v now is, by King, Lords, and Com- mons. This indiclment alleges, that I reprobated the monarchical branch of the constitution. But the witness swears that I said nothing about the expense of the King, nor the comparative expense of the French Constitution, nor the success of their arras. Gentlemen, I speak with candour : it is not in my remembrance that I spoke concerning the comparative excellency of the Krench and British Con- stitutions. Ypu hear one witness de- claring that I merely compared them to- gether ; you hear this witness declare, that I made no mention of cither constitution. Mdth df tliciii may have spiikeii tiiiili, ac- ■ 'ordiiii; to .ii- iiiipressiim on their iiiiikl" , hill tlii'y show you the diwiucr of IrustiiiK Id the ineniory df wIiiicmi's, when it rc- liiles Id wiirds spoken in the warmth of a |iiibliediseiissidii, and atleinpted In lie re- I'dllected after the lapse of many months. Hut give whatsdcvrr dcgreo of strength yiiii chd( sc Id .Idhnntdn's evidence, — draw I'rdin the cdinparisdii which ydu may as. siiiur' I instituted lielweeii the Krcncli and llritish (Jdiislituti'in,— I siiy, driw from it an inference as highly (Tiininal as you possibly I'lui, still the testimony of that iiiiiii is complelcly nviTlhrdWii by this witness. Mr. Waildil hax italed to you what pas.i^il after the meeting was over, in private cdin[miiy, in the unguarded hour, when the mind dreads no danger, and when \igilancc is asleep. Can any thing prove more strongly than the de- piisitidii of thif, man, the iiinocency of my I'diidiict? Tilt conversalidii related to pdlilics and lo new publications, and he remembers mc speaking of Kliiwer on the I'Vcnch ('oiistitution, which, though not mentioned in the indictinenl, you will re. collect the Lord Advocate wished to bring forward as seditious, and as a circunistanco •' lentling to prdve the crime charged." I am not aci|uainted with the respectable author of that book ; but if, from writing, a true idea ir.ay be formed of the heart, there is not a man that I would more loudly call my friend. If any one wish for a Reform in Parliament, let him read and weigh well the lessons which Mr. Klower 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, — a book which was warmly recommended by the great Earl of Manslleld, who first brought it into notice, and procured the author a pension from the King ! This witness, you will recollect, was asked by the Solicitor-General,. v warintli (if a and iillcinptcil td In- re- 1- la|)(ii' of many moiitli*. L'vcr ilcurt'O of slrcnuth n«tiin'« I'vidoncc, — (lr«w imiii wliieli yiiii miiy nii> lictwccii till- I'Vciu'li and 'Ml,— I xiiy, (Iriw from it lii^lily criminal ait you I llic tcsllmony of llint •ly oM'rtlinmn l)y ihis iiddcl liax :4talt'il to you ■ lliu inrL'tin^; wan over, any, in tin; uiiKUarded mind (Ircttdi* no danj{er, ee is aiilci'i). Can any I', strongly than tlii- de- an, tlio iiiniici'iicy of my ronnTnalion rolated to uw [iiihlitvitionii, and liu icakinjj of Plower on llio ion, wliicli, llioii);li not indirtiniMil, you will ro. \dvocato wi»h(.'d to hrinj? Ill), and as a circunistanco i; the crime charged." I I'd with the respectable ik ; hut if, from writlnff, he formed of the heart, aan tiiat I would more ■iend. If any one wish Parliament, let him read the lessons which Mr. ,'ated. (lentlomen, the net, that I recnmniended Df Enjflaud. And so I my to the Constitution, nended to the people fhu itcd to inatrurt them in projjress, — a book which immended by the great Id, who first brought it procured the author a King ! you will recollect, was icitor-General,. what he B ecjual representation ? a. moment to consider, cr of triumph was this ! nntemptuous sneer from and then, with aflected ited out the absurdity of , embarking in the cause iven their vice-president, I, should have been the ntleman, by all, except- the Duke of Richmond, or Reform, — and in all TilOMAN MUllt. 33 that WOK said in the late dnbatc in the 'rtousc of Commons, — no utteijie plan " wu actually brought forward, la it then il matter of surprise, that the witnes'i, who is certainly as much entitled to bccumon Kuformeroi the l,nrd Advocate, stopt lor a moment to consider his answer to the question y Hut, (ientli'iiieii, his answer was such as did honour to the coolness of his mind, and to the soundness of his un- derstanding, Two opinion), replied he, ilividod the Society ; (mo was for confin- ing the right of voting to landed property, the other for every man having a vote ; hut ho had not made up hi* mind upon either. Ho declared, at the same time, that I did not givo any upiniuu on this subject. Gentlemen, I shall not, at this time, say much with regard to the very Itov. Ocntleinan who was next called as a wit- ness, as I intend to bring a criminal pro- vccution against him. My objections to his admissibility were sustained, bcforo I entered upon tho threshold of my proof, by tho Ijord Advocate's wisely giving him up. I am sorry for the Prosecutor's tiiiiely precaution ; — it prevented ine from bringing a cloud of witnesses against this gentleman, to prove practices, nay, crimes, which but I shall go no farther at |)rcsent j my most rancorous enemy was awaro of what would have followed : and oven he, it appears, would have blushed to have brought foiward this man's testi- mony. But I trust that you, Gentlemen of the Jury, will this night do justice to ray innocency ; and if, by your verdict, I am acquitted from this bar, I hero so- lemnly pledge myself that I shall in my turn become his prosecutor. Gentlemen, I am charged in the indict- ment with having convoked the meetings which I afterwards harangued. Now, Henry Freelaud, the next witness, presi- dent of the society at Kirkintil'och, de- pones, that there was an intention of hav- ing a Society there before he ever saw me. Where, then, is this charge in the .'ibel supported by evidence? He mentions that the general purport of my speech was about shortening the duration of Parlia- ment, and a more equal representation : that I said I thought taxes might be less- ened by these means, and that reform was not to take place as to the King and House of Lords, but only as to tho Com- mons. Call you this sedition ? Does not every thing brought forward by these wit- nesses of tho Crown, confute the false, the injurious, and the scandalous charge in the libel, of " vilifying the Constitu- tion," and of " exciting the people to re- bellion against the King ?" (ientleinen, 1 now come to tho most material part of Mr. Freelaiid'sovidrnce — indeed the most material evidence which the I'rosflcutor has been able to produce. A wide field is now before us ; and I ro- (|iiest your most serious attention lu what I shall now say, as it relates to a principal charge of the libel. Gentlemen, The indictment charges inn with " wickedly and feloniously cir- culating and distributing I'aiiic's book, in order to inflame the minds of tho penpio against the Constitution." Now, Gentle- men, I ask you to lay your hands upon your breasts, and to say whether, in the circumstances under which I lent that bonk to the witness, there appears a sha- dow of " felonious" intention ? You know. Gentlemen, tho newspapers of the day were full of advertisements announc- ing where tho works of Mr. I'aine wcr" to be found. The cause of this curitjsitv in the public mind may bo easily unfolded, without uttering a single syllable upon the intrinsic merit or demerit of these works. The situation of Franco roused the attention of Europe. To that coun- try every eye was turned, and every man who could wield a pen, was employed in discussing the principles which the Hevo. lution had called forth. Mr. Burke en. tercd the field of controversy. The name of that gentleman would give salo and diffusion to any production. Mr. Burko fought upon one side of the question. He was encountered upon the opposite by Thomas Paine — both of them cham. pions of approved vigour, and of undoubU ed prowess. Could public curiosity not be awakened to tho 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 cither of Paine or of Burke? Is there a person upon tho Bench, upon the Jury, or in this n idicnce, who has cither 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 as guilty as I am. If there had been a public law of tho kingdom condemniug that book, the presumption of innocence could not be admitted by its rigid rule, and the mere act of giving away a single copy, would have been considered a violation of the No. .•). i :'■ \ t ! ^^' 4 1 A' -.^_ij ' 34. TRIAL OF il leltpr of tlio hw. Bill at the porioJ when 1 lent Mr. Fr(!elaml r'aimj's works, v/as any sentence of reprnhation thiinilereil against them ? No ! Therefore, Gentle- men, I was guilty of offending no existing; law. I was not certified of my danger — 1 was not put upon my guard. Was there a judgment of any Court in England or Scotland against this book at that time ? No. Therefore 1 had no cause for alarm. True, some months before, a proclama- tion against seditious writings had been issued ; but a proclamation, Gentlemen, is not law— it has no legislative authority ; and there was no mention of Mr. Painc's works in that proclamation. Can you, therefore, now suppose, that there was any " felonious intention" in lending this book ? Did 1 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 rela- tion, 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. 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 pre- texts and expedients to justify a stretch of power. The unprejudiced eye will soon penetrate into these pretexts, and the de- termination will soon receive the con- tempt and indignation of mankind. Gentlemen, I would now wish to di- rect your attention to what Mr. Paine's writings are, and to the particular manner in which they are presented in accusation against me. And, Gentlemen, I will al- low, 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 sentence where he provokes insurrection ? In fact. Gentle • men, Mr. Paine's writings are indisputably of a speculative nature. He investigiites the lirst principles of society — he com- pares different forms of government to- gether, and where he gives the preference, he assigns his reason for so doing. Gentlemen, I have neither time nor inclination to entertain you by any dis- sertation on the liberty of the press. If that liberty is sickly, the Constltnlmn is likewise diseased. If that liberty is ex. tinguishod, the Constitution expires. You may ask what is the precise notion which I alFix to the term Liberty of the Press ? I will tell you honestly and without dis- guise. By the libi-rty cf 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 de- grading and contaminatii\g the public mind by tales of immnv y. By the li- berty of the press, I un.lcrstaud not the power of intlaming the minds of men against the Constitution — of stimulating the people to insurrection, and of tearing .lown the barri(;rs of public property and of public security Where government is established, thar government must, or ought to be respected. And the truest republic which ever yet existed, never could tolerate the internal foe, who within its own precincts, sounded tie charge to civil war. By the Freedom of the Press, I understand the inalienadle right of I'UDLISHING TRUTH ; of presenting to the wirld whatever may tend to public good not hurting the feelings of individuals — trampling down morals — or established laws. Gentlemen, Constitutions of govern- ment are the workmanship of men : that constitution is the most perfect which can be most easily amended. There are con- stitutions which, step by step, without convulsion and without blood, have ad- vanced to superior degrees of perfection ; which by their own internal energy have effected their own reformation, and avoid- ed the calamities of a revolution. These progresHive constitutions, if I may. use the expression, must always cherish and sup- por»- the liberty of the press, as the chief in; r cnt of their preservation. And, Gei jmen, how grateful should we be to Eternal Providence, that our Constitution possesses in itself the power of amend- ment that without a Revolution, it can rectify its abuses — and that silently and \yithout disorder, it can advance towards that chastened liberty, which constitutes human felicity. You have read the his- tory of the British Constitution, and what is it but the history of a continual pro- gress? And what has been the impelling cause of that progress? I answer, the universal diffusion of information by means of the liberty of the press. If you de- stroy that liberty, the people will bo buried in ignorance — the iron throne of despot- , the Constltvilion is If tlint liberty is ex. titution expires. You precise nntion wliieh liberty of the Press ? •stly iind without dis- erty tf the press, I r of assassinating the iring the feelinp[s of mo, in my estimation, s. By tlic liberty of uit the power of do- minatiiii; the public mnv y. By the li- l iiii.lcrstand not the r the minds of men ution — of stimulating •ection, and of tearing f public property and Where government government must, or ;ted. And the truest It yet existed, never iternal foe, who within lounded tie charge to Freedom of the Press, SIALIENADLE RIGHT OF ; of presenting to the y tend to public good feelings of individuals morals — or established nstitutions of govcrn- manship of men : that naost perfect which can nded. There are con- itep by step, without thout blood, have ad- degrees of perfection ; a internal energy have reformation, and avoid- f a revolution. These itions, if I may. use the ilways cherish and sup- the press, as the chief ir pre8erv,-\tion. And, [rateful should we be to ;e, that our Constitution the power of amend- it a Revolution, it can —and that silently and it can advance towards erty, which constitutes You have read the his- 1 Constitution, and what iry of a continual pro- t has been the impelling jgrcss? I answer, the of information by means the press. If you de- he people will bo buried 2 iron throne of despot. THOMAS MUIR. 36 ism will be erected. Let us then apply this .irgumeat to the case of Mr. Paine. This work, I aijain state, is merely of a speculative uatiire, upon the principles of Government. Now, if Mr. Paiiie's work is inconsistent with the principles of the British Coniititution, what is the conse- quent ■ ? If the book is written with in- genuity, it will acquire readers. No man in his sound senses, the keenest advocate for a Parlianii^itary Reform, but will avert his eyes bathed in tears, and in hor- ror of soul, from a Revolution. Ho will compare the Principles of Mr. Paine with the Constitution. If Mr. Paine has point- ed out any thing defective in the con- stitution, he will contribute his humble eflTorts to have that defect repaired. If, on the other liand, he still imagine that Mr. Paine has taken an erroneous view of this edifice, has misrepresented its pro- perties, 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 appro- hensions, will enjoy tranquillity. Oh, how little do ye deem the British Constitution, who think that it is built upon the sand, which, when the rains descend, and the floods come, and the winds blow, and beat upon it, that it shall fall. — No, Gentle- men ! When the rains descend, when the floods come, when the winds blow, it shall NOT FAU., for it is founded upon a rock. I then maintain, though not in accents sweet to the ear of corruption, or grateful to our courtly pride, or acceptable to ill- got power, that those speculative writers, who investigate the principles of our Con- stitution, who compare that Constitution with those of other countries, perform a raeritoriius service to this nation ; these writers rather impel us to rectify th.it which is wrong, or more strongly confirm us in our love .ind in our attachment to that which is right. Let Mr. Paine, then, be considered the bitterest enemy, if yot\ will, to our Constitution, yet as long as lie confines himself to speculation, we should not complain. Our best interests are involved in the Constitution, but, alas ! like interests of a higher ranis — 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. Paine has pointedly called our attention to the Con- stitution, he has jiorformed to us an es- .sential service — he has led us to comtera- plate its perfection, or roused ns from our lethargy, to rectify such parts of it as may c2 have suffered decay by time and corrup- tion. Gentlemen, Shall the lending of a sin- gle copy of the works of this writer be held criminal ? Was there ever such a violation of the rights of Britons? Mr. Paine has compo.sed no model of a per- fect Commonwealth, as .Mr. Huma has done ; yet I dare say you have all read the politicnl worksof Mr. Hume, and even applauded th' m. But if you do condemn a man for lending a copy of Mr. Paine's works, you do what even was not attempt- ed to bo (lone 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 chim- era which may have entered into the brains of those who dre.»m of a golden age, but wiio do not understand human nature. Yet, Gentlemen, under the arbitrary reign of Henry the Eighth, did not the illus- trious Sir Thomas More, enjoying 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 universal community, formed the grand basis? And, Gentlemen, in this enlight- ened age ; — when after so many fiery trials, our Constitution, in its pure and genuine principles, stands unveiled to our view, will you condemn a man for lend- ing a work equally speculative, and, if such a thing existed as a well-founded panic against " levellers," I would say, in- finitely more dangerous ? Gentlemen, I should be the last man to propose to your imitation the conduct of despots ; but I call upon you to pon- der well the words of a man, who rendered the terms republic and despotism nearly the same — I mean Cromwell. Under his Protectorship, when Harrington pub- lished his Oceana, a host of informers de- nounced that work. But what was Crom- well's memorable answer to them ? " My caune," said he, " is too strong to be hurt by paper aJwt." Gentlemen, if pott say, that by any publicntion the British Con- stitution can be injured, I think you would be guilty of the crime of libelling its strength. But, Gentlemen, to conclude upon this head, — I maintain, that to suppress works purely speculative, provoking not the peo- ple to disobedience to the laws, nor to re- bellion, however much these works may diflcr from the Constitution, would ile- i, I I ft' V. I M 86 TRIAL OF im All stroy tho liberty of the Press — vvnulil trample upon tlie best and the surest bul- wark, which deCends the approaches to that stupendous erection. If, (Jentte- men, to lend the works of Thomas Paine, to-day bo sedition, to lend a translation of the Republic of Plato, to-morrow would be treason. Gentlemen, the works of Mr. Paine are lyinf,' before me. — I could read to you many [)assages to prove what I have so often stilted, viz. that they are merely of aspeculati-e nature ; but. Gen- tlemen, 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 passajies I refer you to the late celebrated speech of Mr. Krskine,' one of the best friends the Constitution e?er kiwvi, althouirh he is one of that pro- scrifced and reprobated caste called the " Friends of the People 1" Gentlemen, I trust that you will now be persuaded, that neither the publishing, nnr the lending of a speculative political book, is sedition. Bui I now call your attention to another circumstance — the manner in which cri- minality is attempted to be attached to that book and to myself. Various de- tached passages are quoted from it in the indictment. They are called " wicked," " inflammatory," and " seditious." In the sacred name of Justice, will you con. dcmti any book for detached passages, se- parated from the whole connection ? cut off from reciprocal explanation, and from which neither its general tenor nor scope can be discovered ? If you do this, where is the book in which you cannot discover sedition, by dissecting its separate sen- fences and paragraphs? For my part,if you proceed in this manner, I do not know a more dangerous collection than the very books of holy inspiration. Only separate verse from verse, and then combine the^n according to your whim or pleasure, and, Gentlemen, you may 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 con- text. If, after trying them by this jest, you 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 * Vide Lord Erskine'i Speech, vol. ii, Dufence ufPriine. philosophical and political speculation, however much your printiiples and his may differ, you cannot condemn him for composing these works, or me, after they were composed and published, 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 you power to ;iward a proscription against univcrsiil literature. For, as I have already mentioned, there is not a single book in which, by dissecting it in this manner, sentence by sentence, and passage by pass- age, you may not discover immorality, blasphemy, and treason. Indeed, if the sad objects of reflection which present themselves to my mind, when I contem- plate the state of my country, could per- mit 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, be- cause it is the source of the evil to be dreaded;, its parts form the component elements of sentences 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 passages from Mr. Paine, and the books exhibited in the indictment, may be highly criminal ; but will any person venture to say, that I lent these books for containing svch passages, or that I parti- cularly pointed them out, and gave them my approbation ? If the Prosecutor has a right to presume that it was upon ac- count of these passages 1 lent these writ- ings, I, too, have a right to draw a con- trary 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, inculcating universal amity and brother- hood, 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 you must know that the law of this country obliges you, where opposing presumptions arc of equal strength, to let the balance prepon- derate on the side of tho accused. Gentlemen, 1 shall conclude on the subject of Mr, Paine's works, by obcerving, that all the witnesses have uniformly sworn that 1 refused to recommend them ; that THOMAS MUIR. 37 political speculation, 3ur principles and his nnot condemn him for ■orks, or me, after they J published, for lending fo\i condemn books for n account of passages aij;e and from that, and toj;ether, you have it in d a proscription against '. For, as I have already is not a single book in ing it in this manner, ice, and passage by pass- it discover immorality, reason. Indeed, if the sflection which present mind, when I contem- my country, could per- ! in a vein of ridicule, I 1 at once to lay the axe e tree, and to bring an t the Alphabet itself, be- jurce of the evil to be ts form the component nces and of paragraphs, in the most dangerous most horrible treason, e time for me to indulge amour. hall admit, for a moment, from Mr. Paine, and the in the indictment, may i\ ; but will any person lat I lent these books for lassages, or that I parti- bem out, and gave them If the Prosecutor has me that it was upon ac- Eissages I lent these writ- e a right to draw a con- n in my favour, and to e are sentiments in the ne (and many such there 1 universal benevolence, jrsal amity and brother- tendency to dispel those udices which animate and linst nation, into fields of irnagc, I am entitled to I passages — I have a right the antidote, and not the imended — and you must w of this country obliges ising presumptions arc of let the balance prepon- le of the accused. 1 shall couclude on the line's works, by obce: ving, sses have uniformly sworn I 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 ad- duced by the Prosecutor who says the con- trary of this ; and will you agree in opin- ion 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. Painc's books to the Societies in Scotland, and why I declared them 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 re- formation in the 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 different system. Gentlemen, I am hap- py to find the people of Scotland rapidly advancing to a true sense of their Consti- tutional 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 with more ardour in this cause, it was necessary that they should know the Constitution, what it had been in its vi- gour, 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 le- gal and enviable objects ? I did not pre- sent to the people the splendid fabrics of ancient or of modern Republics. 1 wished them to keep their eyes confined at home, to repair their own mansion, rather than PhU it down, and not to expose themselves 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 C"- tftre ages. All the witnesses who s.|i-.:.:' of my conduct in the Societies, tell you that I recommended none but Constitu- tional measures — and that the only book which I recommended to them was Hen- ry's History of England, the best calcu- lated, by its aceuracy and plainness, to give them insight into the nature and pro- gress of the Constitution. Gentlemen, Having already explained the principle on which I refused to re- commend the works of Mr. Paine ; I again 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 ac- tion ? Was it a crime of Plato, under the Athenian Republic, to compose his beau- tiful system ? Was it high treason in Ci- cero, under the Roman Commonwealth, t(; write those renowned works which have been lost in the darkr.css of the Gothic night, and of which a few fragments could only be found when the morning of let- ters began to dawn upon Europe ? Was Sir Thomas More led forth to the scaffold for composing his Utopia? Harrington proscribed for his Oceana? Or Hume ex- pelled for his Commonwealth ? No, Gen- tlemen, these authors indulged themselves in a liberty, which, if wo are now to be deprived of, must leave this land in dark- ness and despair, since the attempt at amendment and reformation will be for ever precluded. Gentlemen, I now close my observa- tions on the subject of Mr. Paine's works, by calhng 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 treason- able as can be imagined, utterlj excltides the idea of a "felonious" cirei#Ution on my part. Yo\i are iho fir»t Jury m Scot- land before whom Mr. Pinine'* wori* havi^ yet been brought. I trust you wSB act in such a manner as to do honour to your- selves, in doing justice to him and to m*' — that you will not attempt to annihilate political science — that, in this country, where our chief glory lias arisen from li- twaiure, you will not limit her researches, but that you will rather indulge her in her unbounded flight into every region where thi- i, .Jorials of human happiness and hu- mav I jirovemeiit can be collected. Fi- nally, I must tell you, that you are not bound by what any Jury has doii!! in Eng- land — you are bound by the la« of Scot- land. But ev>;n 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 condemn- ing the author and the publishers, and on the succeeding day we h:iv-o seen other Juries pronounce a verdict of acquittal. Gentlemen, The next witness is Ann Fisher, a late servant in my father's house. Her evidence comes forward to you with peculiar distinction — caressed by the Pro- secutor, and complimented by the Court. I will soon shew you. Gentlemen, that she has but few pretenf i>.d sc- Mr. I'aini'_the Pa- licse two dilli'rc^nt ar- c the ti'stimony of this Prosecutor lias toKI iiicc any thinfj against r the generality of the thoii{;h it should not be I. Tlie Court has per- and in the case of lay see the dangerous ne. Gentlemen, I am seditious harangues in ■"ant girl is adduced to ys siie may have hoard was probably instruct- 1, and mark to destrue- her. Hut what is the she has heard me use, (led momenta? I will I 'vill recal to your express words, which ry body had a vote, I or C.ilJcr — that mem- vould have SOs. or 403. case, there would be en to keep the Consti- tlemen,you remember )secuto>- expatiated on witness. Alter labour- le now fancied he had inst me. I smiled at s exultation at this part but next moment I reflected be was a law- :isel for the Crown in said the Prosecutor, )ven foot !— you see nanifested ! — here you tincture of his soul. imsnt to have SOs. or ir attendance ! — to be keep the Constitution ivMcnce that he meani lace of our House of onal Convention, on I, ry am I to see the ig- rd Advocate of Scot- m who has opened the ry of our Constitution, , that until a very late 1 corruption glided in, ioned it, — Members of 1 their wages from the e alone ? Oh, how I lieu I review the past THOMAS MUlU. 39 —with sorrow when I contemplate the present. Our virtiious ancestors would have scorned to have received the price of their atteudaucc I'rom any other hands, than from the bauds of the people. Then, indeed, the Constitution possessed all its energies. Then, indeed, it towered in the strengili of age, but with IIil bloom of youth. The peui.ie delegated, as their re- presentatives, none but men of tried vir- tue and patriotism, iu whom they could repose the most unbounded confidence. Look back, I entreat you, to all the gfjat and good men whom English histury re- cords. Turn your eyes to the Hanipdcns — to the Sidneys — to the Marvilles, of former 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 tyranny and got a free Go- vernment; — that the Constitution of this country was very good, but that many abuses had crept in which required a thoroagh reform ; — therefore, (icntlc- raen, even iu my most unguarded hours, this domestic spy cannot, by her evidence, support a tittle of the iiulietment, where it charges me with vilifying tiie King ;nd Constitution. Of hei idle story of what I said concerning Courts of Justice, — that they needed a Reform, and that this Court, in particular, got their money for nothing but pronouncing sentence of death upon poor creatures, &c. 1 disdain to take notice : only you will discover her exquisite art. This day I am tried be- fore this Court, and she supposes that by inventing, and throwing in a circumstance of this kind, in order to irritate the Judges against me, she will more completely exe- cute the wretched job she has undertaken to perform. Were there no more se-iauts in '.he house, who had infinitely better op- portunities to hear my conversation V and must she, the lowest uf them all, with whom she cannot pretend 1 bad ever two minutes' conversation, be singled out and pitched upon for this drudgery ? She next depones, that she lieard ine say that a republican form of Government was the best ; but then she qualifies it by saying, that wl\en I spoke of this countr^ I never deviated from the Constitution, but said, that a limittj monarchy, under proper restrictions, was the best adapted to its interests. Gentlemen, The next article of sedition to which she depones, is of tiie most ex- traordinary kind, viz. that I had scut her to employ an organist, on the streets of Glasgow, to play the French tune, Cu Ira. What! Gentlemen ! was a tune like this to lighten up the Ihnies of civil d'sconi, and to be the I'oreriiimer of this most ter- rible revolution? Have you read the words of that m; :l popular song — and can you discover a s'.igle allusion in them to the state of i'.iij land? Geiiliemen, Ln(> luiid has a'.ivay- cherished Freedom; and shall it be decncd criminal in me to listen to the elfusioi-,; of joy poured out by u neighbouring people, on obtaining that first of human blessings, which always constituted our peculiar distinction ? Hut I know it Hell. The word Pree- dom is soon to be proscribed from our lan- guage ; — it carries alarm and sedition in the sound. If I had caused to be recited one of those noble choruses of the Gre- cian drama, in which, with the enthusiasm of Liberty, the glories of the Republics of Athens or of S|jarta were displayed in lan- guage more than mortal, my offence would have been deemed the same wi'h that of amusing myself by hearing the national song of France. If it had been po^sible for me to have caused to bo sung upon the streets of Glasgow one of the Pralms of the Hebrews, iu the original language, in which the triumphs of the people and the destruction of tyrants arc recorded in a strain of the highest poetical inspiration, the minality would have been the same witii i.iat of listening to Ca Ira.* Gentlemen, Let me abandon the sub- ject. My political 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 has been employed — after heaven and earth haalriaLic jOUk of iJunii^, '*t;colswliH hae wi' Wallace bUd?" Wu think he would have called the tollowi:.(,' lines wickcil uni treasonable " I.ay theproud usutpjis low ! T>rant« fall In every foe ! Litwrty's In every blow, I'nrwarii ! k't U9 do or die :'' 40 TRIAL OK and ■vlion you examine liis evidence, you will see he ^ivea her the flattest eontradic- tioii. Slie swore that alie bouf^ht at two difl'erent times lor my unele, Alexander Muir, at my reiiuust, a copy of tiie first part, and a ciipy ol' the second part of the Uight8 of Man. Can you suppose that if my intentions had been " felonious" I would have introduced such writings into my own family? Can you imagine that I would have wished to involve in the con- flagration of my country ray nearest rela- tions, to whose property I may eventually succeed? Why is Alexander Muir not brought forward as a witness ? Certain it is, that he was closely interrogated before the inquisition held by Mr. Sherill' Hony- man. But the Lord Advocate says that his feelings would not permit him to ex- amine the uncle against t'ic uophew. — Goodness ever to be remembcrud and ex- tolled ! But, my Loid, (turning to the Lord Advocate,) did you not advise and direct the whole proceedings against rat, and will you hiive the effrontery to main- tain that Alexander Muir was not dragged like a felon from his own homo by the myrmidons of power, — farri'ul before yo'jr friend Honyman, — and that every art was employed to wring from him every domestic secret ? Speak, then, to us of your humanity 1 — Aye ! Continue to speak to us of your feelings I Gentlemen, Fisher next swears that I pressed John Muir to purchase Paine's works— that he was prevailed upon, and that she was sent to purchase them. Now you heard the evidence of this man in ex- press contradiction to this i.icnnss. She next tolls you that I advised ; ther do- mestic, Wilson my hair-dress to pur- chase Paine's works and kci-p them in liii shop, "in order to enlighten the peo- ple," and you heard Wilson express him- self far otherwise. She speaks of carry- ing some paper which she thinks was a Declaration of Rights to a printing-ofliicc to bo corrected. — Every thing in her evi- dence is made to tally with the indictment. I am there accused of circulating a paper entitled a Declaration of Rights by the I'riends of R( form in Paisley ; and this respectable \, isonage, so highly compli- niented by the Court, must likewise! swear something concerning if. ^'et her tena- cious memory utterly fails her here. She thinks she can only remember what the title v\'as, but nothing more. She knows nothing of the substance of the writing — but her evidence is to give a colour to the allegation of my having rirculntcd that paper from Paisley, and to furnish ground for insinuating that I was the author of it. Gentlemen, The witness next swears to a fact which must rouse your ke^enest indignation. Vigilant has this family-spy been in the course of her duty. She tells you what books she has seen on my table, iStc. Gentlemen, from this moment lock up your libraries. If they are extensive as you have heard mine is, there is no crime in the whole decalogue, of which, by the testimony of your own servants, you may not bu found guilty. The pos- session of Plato, of Harrington, or of Hume, will mark you down for Republi- cans. The misfortune of having the Koran of Mahomet will cause the ship- wreck of your faith, and stigmatize you as the disciples of the conqueror of Mecca. \Vell do I congratulate the Lord Advo- cate of Scotland, He has discovered a new region in the sphere of criminality — he will not merely confine himself to one voyage of discovery, but, along with his associates, he will make many voyages to this fertile land, and return home load- ed with many valuable cargoes. But seri- ousness becomes this place. Can it be believed, that in the close of the 18th cen- tury, — that this night, — the servants of a man should be examined concerning what particular books he may have had in his house, and that the proof of possession of particular books may ruin his reputation — sweep away his property — and deprive him of his life ! Gentlemen, If you pos- sess the common feelings of men, every sentiment of indignation must be excited, not against thi' witness, foi she is rather to be pitied, but against the manner in which this crime of .sedition has been at- tempted to be proved. Gentlemen, The libel chnrges me with "feloniously circulating a Dialogue be- tween the Governors ami the Governed," extracted from the Ruins of Volncy. .is Dialogue is narrated in the indict- ment, and it is ch,iri»od to be felonious and seditious. There is not a word in this Dialogue which is not true. Alas! in colours but too faithful, it delineates the mournful history of six thousand years, — the crimes of despots, and the artificer of impostors, to subjugate and to blind the peoi)lc. It is purely abstracted. It is entirely speculative. To no particular natiwi.', much less to England, does it al- lude — if to any it must be to France un- der the ancient system. Yet this Dia- logue is libelled as seditious and inliam- ui .tory. The truth is, the crime of se- dition must be brought home against rae. , .111(1 to furnish f;roiiiid , I was tho autlior of it. u witness next swoiirs List rouse your k(!ene3t liuit hiis this fumiiy-spy [)f her duty. She tells i^ has seen on my tahle, from this moment lock If they are extensive 1 mine is, there is no ! decalogue, of which, of your own servants, und guilty. The pos- of Harrington, or of foil down for Uepubli- irtune of having tho Jt will cause the ship- , and stigmatize you iis ! conqueror of Mecca, ulatc the Lord Advo- He has discovered a sphere of criminality ely confine himself to lovery, but, along with ill make many voyages and return home load- ible cargoes. Butscri- his place. Can it be 3 close of the 18th cen- rht, — the servants of a mined concerning what le may have had in his ; proof of possession of lay ruin his reputation property — and deprive ientlemen, Ifyou pos- eelings of men, every lation must be excited, tness, foi she is rather ap-iiiist the manner in f sedition has been at- ^ed. ; libel charges me with latinsr a Dialogue he- ws -ind the Governed," le Uuins of Volney. narrated in the indiot- lar^ed to be felonious here is not a word in :h is not true. Alas ! I fiiithl'ul, it delineates 'y of six thousand years, ispofs, and the artificer ubjUgate and to blind purely abstracted. It ive. To no particular [o England, does it al- must be to France un- ■sfem. Yet this Dia- 3 seditious and inllam- th is, the crime of se- iight home against me. THOMAS MUin. 4rl and the possession of an;/ book, as well as that of Volney, might be employed to substantiate it. Let us hear what the witness says concerning the "/e/om'ous" circulation. She heard me read it in pre- sence ol' my mother, sister, and some other people — that I said it was very clever, and done by one of IIm; first wits in France. Who were those "other people," that were in company with my mother and sister, '.vheii 1 read it ? Her accuracy, so much extolled by the Court, again totally fails her here. Hut the propagation of sedition must not be confined to a mother and a sister, — it must have a wider lango ; " other people present /" and founding up- on his beloved generality, the Prosecutor has reason to argue that there might have been a full company — a numerous meet- ing — nay, an immense congregation ! Gentlemen, You have heard the testi- mony of Fisher, and are these tho arts by which I am to fall ? \ again say, that if you receive such testimony, you for ever dei'troy domestic society — you blast the sweets of family confidence. And i?. it not suffiriciii 'o weep over public cala- miti" vithoiil thinking, that when we re- tire to iiur own homes, we must be obliged to confine ourselves in dismal solitude, guarded by suspicion and by danger, where no kindred affections 'jan enter, and where no reciprocal consolation can be admitted ? Gentlemen, 1 hasten over the evidence of the remaining witnesses against me. I :im overcome by the exertions of this day ; and you must bo greatly exhausted. Tho next is the evidence of Thomas Wilson, mv hair-dresser, and he is brought to bring up the rear of Fisher's testimony. He depones, that i asked him if he had bought a copy of Paine'' works, and that I advised him to get a cop; '-f '^ora, as a barber's shop was a good place to rv ,. '. in. Docs this confirm the testimony of Fisher, who says I desini. him to buy that work, and " to keep it in his shop in order to enlighten the people V" Mark the art of Fisher. How strongly she paints what might seem to strike against me—" to en- lighten the people ! " But does Wilson concur in this 'i* No. He tells you, that he bought a copy of the Address to the Addrcssors ; but nat by my advice. He even recollects the levity of conversation. An old man from the country came in while he was dressing me. He remem- bers 1 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 that the fact with regard to the man was true ; for. Gentlemen, I know of none who should bo greater reformers of them- selves and of others, than those who are standing on the brink of tlu? grave, or h.Lsteniiig to etiTiiity. Uut I am afraid th.it this witness only n'members a piece of unmeaning gaiety ; for he arlds, the old man said, " 1 was tuuntinc him." Gentlemen, The conclusion of the evi- dence of Wilson affords me much conso- lation. It is a proof of the innocency of my private life, in moments when I could not possibly think of the affectation of in- tegrity. He swears that he has always heard me say, that I would "maintain the Constitution ;" and that I wished for " peace and good order," and " good mo- rals among the people ;" and that he " never heard me speak against the king." Tho next testimony is that of John Muir. He tells you, that he had a con- versation with me in September last about Painc's book in my father's house ; that he asked the loan of it from me ; that I told hira I had it not. Docs this resemble the conduct of a man accused of distri- buting these books to all and ^indry, and scattering them over every portion of the land ? He lys, I mentioned I would s<;nd a servant who would get it for him ; that a servant girl accordingly went and got it. Does not this completely confute the testimony of Fisher, who alfirms that I much " pressed" this man to purchase that book ? since he tel!, you, that ho 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 tlie Prosecutor, and who informs you, that we were Elders in the same parish — the parish of Caldor, in which the lands of my father are situ- ated. Gen' leraen, the Lord Advocate, in speaking of this virtuous and venerable old man, eixlaimed with insolent con- tempt, " Such men as these arc the com- jianions, and such men as these are the friends of Mr. Muir !" Yes ; I tell the Lord Advocate — I tell the Aristocracy of Scotland — I glory more in the friendship of such an old, poor, and virtuous man, than in the friendship of the highest titled Peer, who (leri\ es the sources of his guilty grandeur from the calamities of the peo- ple ; — who wrings out a splendid, but a miserable revenue, from their sorrow and distress, — from their tears, — and from their blood, — which he squanders in dis- aipaticit, — to the ruin of private virtue, — and to the contamination of public mo- rals. Let us see, then, what Mr. Barclay sayf • ^] 48 TUIAL Ul a^^ainit ine j — that " he asked niv o|)ini(iii coiicorriiui,' I'ainc's huoks," — that I told him hc" niiudit piirdiasu lliini if hv i hogc, as tlii-y wiTo printed, — but that I uftcr. warvU said "tlit'V wdro imt Imok,- (or us." Does Mr. Hurolay's cvidcin'c Kip[;(irt tl- trimin'i/('har«L' in tiir lil)id, (itlsin. liut UYn with all till! |prt'i:(!(i. I'jiard to my cuniliKt and .swears lliut lie dorx not e heard uii! speak against hat I did not advise un- asurl^'<, and that he heard Sarnni was represented, resented ! — Uo not the )nstitntiun \vee|>, and do if the Conatitntion Ninilcg d" such representation ':■ etoro 1 speak to the third tion, the reading; in the (\(Ulress of the Society if of Dublin, portnit nio to I ation oii the manner in 'utor spoke ol' the papers stody. Do they corrij- iow whieli lie presented they the documents of with foreign or internal tlemen. Amon^ uiy pa- cne which can be eon- thinfj like guilt. They hlets, unconnected with e day, and of the various I Society, pure and un- inciples, of which 1 have 3 a member. But every •ansaeked to heap crimi- head. One of the letters srtaken to deliver in Seot- d to the l{ev. Fyshe Pal- ' cries the Lord Advocate, which this man keeps, is Mr. Palmer, but a per- vise indicted for sedition, je tried in a few days at ird of cruelty — uuexam- What! before this Court this audience — do you I face of the Lord Advo- 1 prejudicite and condemn his absence, undefended, y possibility of defending exclaims the Lord Ad- cal upon the letter" is a )st atrocious guilt. Cen- it ? Horrible to tell I it .iberty ! supported upon ;. a words Ca Ira above ! this is perfectly consistent, mpl to lianish the suhsiunce he shadow must follo-.v I inage takes place his Lor('- 1 a most excellent hint. the Mint will surely profit lud they will no more scul- roughout the land, by im- I'HU.MAS ML 1 11. m 1 pressini; upon our hiiHiieniiies the li|,riire of Hrit;jnnia, with a s| nr in her hand, mounted willi tin' be conseiousnciiit ol my own recli idf~l niii) be condemned to laii^iii>
  • me of the re- collur'ion of the past, — nothing can de- stroy my Inward peace . , and finished about I on Saturday in ing. ) le Loiii) JusTiCK Ci.KRK shortly «utn- nii ,. up the cvidunce. Ilis Lordship said that the indictment was the longest he had ever se"n ; but it was not necessary ti) prove the whole, in order lo find the pan- iiel guilty, for the .lury had only to look at the concluding sentence of the indict- men(, from which it was plain, that if any one |)art o*" the li'.iel was proven, it estab- lished the guilt of the punnei the same as if the whole w-.is substanliated. Now (said his Lordship), this is the question for consideraiion ■, Isthupannol guilty of sedition, or is he not ? Now, bu- i'ore this question can be answered, two things must be attended to that recjuire no proof. Firit, Th.it the British Con- stitution is the best that c'cv was since the creation of the world, and it is not pos- sible to make it better. For is not every man secure? — does not every man reap the fruits of his own industry, and ail safely under his own fig-tree ? The next circum- stance is, that there was a spirit of sedition in this country last winter, which made every good man very uneasy. And his Lordship coincided in opinion wil^ the m.ister of the Grammar-school of Glas- gow, who told Mr. Muir that he thought proposing a Reform was very ill-timed. Yet Mr. Muir had at that time gone about among ignorant country people, making them forget their work, and told them that a Reform was absolutely necessary for pre- serving their liberty, which, if it had not been for him, they would never have thought was in danger. His Lordship did not doubt that this would appear to them, as it did to him, to be sedition. The next thing to be attended to was the outlawry. Running away from jus- tice that was a mark of guilt. And what coold he do in France at that period ? — pretending to be an ambassador to a lb- reign country, without lawful authority, that was rebellion ; and he pretends to have had influence with those wretches. 1 i \ >lit' '.'unsciousneiiii nl — I mil) 111' (.'ouili'tnnod ri'n-.si!s III 11 iluiiKeuli ni'il III iiHcoiid till' si'iif- III (li|irnr iiii> iiC tlio rc- pili-t, — iiothilli,' (Mil ili;- pcace (if iniiiil, aiwiii^ iiiu'i" of liaviiii; (ii>cliiir){- jlr Mkt down, uii iinnni- ilaiiHO was I'XiirPMHcd \iy Ho spuko nearly lliric imI liis uildruss at lO nt id iiLuut I rill tjaturday riCE Ci.KiiK shortly nuni- icp. His F^ordsliip said It was tli(? longest lu- had t was not iic'cciisar)' ti) ill ord(;r In find the pun- ;• .lury had only to look snnti'nci! of the indict- it WOK plain, that if any iii'l was proven, it ("stab- f the paniioi the same its luhstaiilinted. Lordship), this is the iileraiion'. Istliepannel or is lie not ? Now, bo- can be answered, two ittPiided to that reijivire That the British Con- est that c'cv was since ! world, and it is not pos- ettcr. For is not r;\ery es not every raan reap m industry, and ait safely tree ? The next circum- 'c was a spirit of sedition ast winter, which made >'ery uneasy. And hw ed in opinton wil^ the raramar-school of Glas- r. Muir that lie thought )rm was very ill-timed. I at that time gone about lountry people, making A'ork, and told them that ilutely necessary for pre- ■ty, which, if it had not hey would never have iger. His Lordship did s would appear to them, ,0 be sedition. g to be attended to was unning away from jus- ark of guilt. And what ranee at that period ? — an ambassador to a ib- ithout lawful authority, 1 ; and he pretends to ce with those wretches, TtlOMAK MUlIt, U iho leading iniMi tlicrc. And what kind of folks were llicy '' His LiuiMiip miid, he iiertr likal Dw I nneh nil hi.-, iluijn, but Hiiw /(? halfil tliniu Tlii^ p:iiiiii'l's hnransiiing mich multi- liidps of iniiiinint weavers, iitioiit their grievance!!, niiglil have been alleiided with the worst Coiisi-i|iieilces In the pence of the nation, and the safety of our gluriiiiis constitution. Mr. Miiir might have known, that no at- tcntiiHi could be paid to such a rabble. What right had they to representation V Ho could have tnltl them that the Parlia- ment would never listiMi to their petit! •". How could they think of it .' A Oov meiit in every country should be ft Corporation, and in tlii- mnd(! up of the landed intervM , bus a right to be repi-.'seuted. the rabble, who b^.v: iiolliiii^' but property, wliat hold has the iin them '/ What security for the payuiiot of their taxes ,' They may pack up all their property on their bucks, and leave the country in the twinkling of an eye, but landed pror.erty cannot be removed. The tendency of the pannel's conduct wxs pb.lnly to promote a spirit of revolt, aiii! if what was demanded was not given, to taVo it by force. His Lordship had not tiie smallc'f loiibt that the Jury were like himself, convinced of the panncl's guilt, and desired them to return such verdie as would do them honour. Till ('ourt retired at two o'clock on Saturday morning, and met again at 12 o'clock of tliC same day, when the .(iiry returned a verdict 'jnanimously finding the pannel " Guilty of the crimes li- belled." The verdict being recorded, the Lord Justice Clerk addressed the .'ury, and said that this trial had been of t'le great- est importance. Ho was happy -hat they had bestowed so much attei'.tkm upon it, and informed them that the Gout highly approved of the verdict they had given. He then desired their Lcrdihips to state what punishment should be inflicted, which they did to the following purport. Lord Henderland cbsorved, that the alarming situation in wliich 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 incum- bent upon him, which was, to fix the punishment due to the crime of which the pannel was foun i guilty. The indict- ment contained a charge of sedition, ex- citing a spirit of discontent among the in- ferior eliuse!! iif people, and an attack agaiiMt the glorious cinislitution of diis country. The Jury, by the veriiietwliieli they had returned, and to which the Court ii.iil alone recourse, bad found the paiinid guilty ; and it wa* tliei ■ Lnrdsbips' duty only, now to atVix the piiiishiueiit due to the oll'enee. His Lordship said be would not dwell upon the evil eoiisequeiices of the crimes coniinitted by the |irisoncr. The melancholy example of a neighbour- ing country, whieli would for e\er stain the page oi' history, rendered it unneces- sary for him to reca|iitulate the cireuni- stances of the ease. In that coiiiilry, the consequences of such measures have pro- luced every kind of violence, rapine, and '•r. There appeared, he said, to en in this country a regular plan ous measures. The indecent ap- wliicli was given to Mr. Muir last 11. ..lit, nt the conclusion of his defence, vv'thin these walk, unknown to that High Court, and inconsistent with the solemnity which ought to pervade the administra- tion of justice, and which was insulting to the laws and dignity of that Court, proved to him that the spirit "f sedition had not as yet subsided. He would not, he said, seek to aggravate the oilence com- mitted by the pannel, by the misconduct of others, in order to increase the pu'ii'h- ment. The punishmc-it to be inflicted is arbitrary, of which i lo is a variety. Banishment, be obs.i.od, would be im- proper, 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 picnl! ' hand sedition. Whipping was too se\ re and diFgracoful, the more cs- P'. .'ially to a man who had bore his char- acter and rank in life. And imprison- ment, he considered, would be but a tem- porary puni.liment, when the crirainal would be again let loose, and so aTain dis- turb the happiness of the people. Tl,er remains but one punishment in cRir law, and it wrung hij very heart to mention it, viz. transportation. It was a duty his Lordship considered he owed to his coiiii- trymen to pronounce it, in the situation in which he sat, as the punishment due to the pannel's crimes. His Lordship oh- served, it was extraordinary that a gentle- man of his description, of bis profession, and of the talents ho possessed, should be gu-'y of a crime dtjstrving such a pun- ishnient ; but he saw no alternative ; for what security could we have against his futute oparations, but .i removal from his country, to a place where he could do no .f? 4(1 TKIAI. (if jf! fiirl'HT Jmrm ? Ilin I.drdiliip w.n thcri'- f'lri' III' iipiiiinii, tint Ihc paiiiifl kIiihiIiI lie iiM'iiiniiilttcil III iiriidti, tlirrc ti> miiiiin till II |irii|i<iiiii^ liiiii lo tiii'li pUi . iiH liii* Ma- jciil), with till" .nl\ii'<> of III). I'riv) ('i)iiii- • 11, inlKlit appoint, lor thi' n\v.{ri' of I'oiir- liL'il viMf I'rolil till' iliiti' o( tlir tciilcncc ; niid tliiit lie slioiild (I'll ri'tiirii williin that pi'riiiil, iiiiiliT till' pain orilcatli. (iiirii SwiNTON. — Thi! rrimc wi'' wliicli till' paiiMi'l in, liv a .liiry ofliiiioouii- In', roiiiiil uiiiity, in Hcilitioii. It is a ft''- Mcrii' rriini; — di'liiiril liy our lawyers to 1)0 n I'oinniiUion ol' thi' pi'opio without aiithorily, and <>( <'X('ilini; otiirrs to siii'li I'otnniolioii afaiiiit the pultlii wcH'iri'. This rrinit", hi.' nlisi'ivod, coiHistcd of many i/mdations and mij;ht havi- run from n pi'tty nioh ahoiit wajji's, (ni'ii to hi^li trc.i^iin. Ilo thontjlit tlii< punixh- mcnt should hi" adapti'd to tho rrimo. Tlu! (pU'Ktion, he .laid, then wa.i, what was the (U'tfri'o of till! crimo tiie paniu'l has been (jnilty of? — and that was to he ills- covered from the lihel, of which he ha.s been found (guilty by tho unaniinoiis vi-r- diet of the Jury. It appeared to his Lord- ship to he a erime of the nir,..t heinous kind, and tiicre was scarcely a distinction between it and liii^ii treason, as by the dissolution of the .social compact, it made way for, and so mi);ht be said to include every sort of c/ime, inurder, robbery, ra- pine, fire-raising, in short, every species of w. ing, public and private. This, he observed, was no theoretical reasonin^i;, for wo had it exemplified before our eyes in the present state of France, where, un- der tho pretence of assertiiiR liberty, the worst sort of tyranny was establisiied, and all the loyal and mural ties which bind mankind were broken. Nay, shameful to tell, even religion itself was laid aside, and publicly disavowed by the National Convention. And in this country cer- tain wretched persons had assumed to iheraselves, most falsely and insidiously, the respectable name of Friends of the People and of Refurm, allhough they de- served the very opposite denomination ; by which means they have misled and drawn after them a great number of vvell- mcaninp, though simple and unwary peo- ple. If (ninishment adequate to the erime were tobe sought for, there could be foHnd no punishment in our law siill'iciont for the crime in the present ease, now that TORTl'UF.* is happily abolished. « The iisG of Ttirlurc w,is only put an piiil lo, in Senllami, liy an Act of Ihc Urilish FarKamcnt in )708. Ily the Koinan law, which i'* held to lie our eoiniiion law wh"re there is no tlaliite, the punishment wa< various, and trnnn- portiitiiiii was among the mildeat men- tinned. I'aulus I.. .MH, Dig. l>jiciuntur, nut in innnliim ilei>i>rlnntur. We have rhosen (he mildest of these punishments. \\y the Coilvr, lil,. I), I. ;)(», ,l,t ndilioniin hit i/ui plihem eiinira riiiiiiublicnm nmli-nl cii/lei/en; I. I and 'J, such persons are siih. jerted lift miiliiam i/roi insimitm. Hiddlis writes, I'ldvmiiin tnmullnm it elitmnrem in imfiuhi, ilclivt iiiori, juiiiii mililiinti.i. And by a Consliliitioii of (he F.mperor Leo, SiihilaniloH nutrm pnnit ri» i/uin ili: ni'ilili. M/ir'i tY liimiiltiis aucturihut vi'tuitimiima ile- crftd unnxtrinl. The sole object of punish, nent among us is only lo deter otiiers from committing the like crime in time eoiniiig; therefore, the piiiiishini-ut should be madi! eipial to the crime. All that is necessary U, that it serve as an example and terror to others, in time coining, against a repetition of the like olFenco. In the present ease, he thought that transportation was the light- est punishment that could be assigned, and that for the space of fourteen years. Lord DuNS'NNAN concurred. Lord AmaiciioMiiiK — His Lordship did net think it necessary to say much as to tho enormity of the erime, after what had been already said. My our law it might have amounted to treason, and, even as the law now stands, it cami; very near it. He observed that Mr, Muir, last nigh*, wbcM conducting his defence, had stated, and which was marked, anil it had great weight with him, " That the people should be cautious, and by all manner of means avoid tumults and disorders ; for, through time, the mass of the people would bring about a revolution." [Hert; .Mr. .Muir rose and said, " I ikny it, my l.nrd — it is Intiil/y false."] If any tiling could add to the improper nature of the pannel's defence, it was his pretended mission to France, and the happiness he expressed in the circle of acqiiaiutaiice he had there. It was evident, said his Lordship, th.at his feelings did too much ac :ord with the feelings of those monster;. His Lordship coincided with the rest of their Lordships, in regard to tho punishment which they thought Mr. Muir deserved. Loan .li'STicK ('i.kiik — I lis Lordship said he was lunsiderably all'ected to see the pamiel tried for sedition, a man who hud got a liberal education — was member hiw, which \* hrlil Id Iii' iVh'Tc then' i» iKnlnfiitc, tvni v.triDii'i. uriil Irnim- Hill;; ihii milflrnt iihmi- I,. .'(M, l)i«. lie Vnnin, ititiititit it liimiillHf, fill- I i/Hiililiid' ilii/niliith, nut ir, nut lie»lii.i iilijiciiinlur, If/iiirliuitur. \V'(' hiivi' , m^ :/. it %i.( H u^ % 1.0 I.I •^ IIIIM 1.8 1.25 11.4 ii.6 Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 l/. '^ ,-:r_t m ^ i^ 1 i^ 'J IS v'' ji(,: » '0t \ 1 1 ', i -'^ ij'f '■ t^ 1 1 c in .*^ u CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques •rf*-. .■»t* THOMAS MUIR. 47 of a respectablo society — possessed con- siderable talents — and had sustained a respectable character. His Lordship con- sidered the very lowest species of this crime as heinous, and that it was aggra- vated according to the object in view. Here the object was important ; for it was creating in the iower 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 propriety of the proposed punishment, and he ob- served, 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 would he dangerous to allow him to re- main in this country. His Lordship said, this circumstance had no little weight with him, when considering of the pun- ishment Mr. Muir deserved. He never had a doubt but transportation was the proper punishment for such a crime, but he only hesitated whether it should be for life, or for the term of fourteen years. The latter he preferred, and he hoped the pannel would reflect on his past con- duct, and see the impropriety which he had committed ; and that if he should be again restored to his country, he might still have an opportunity of showing him- self to be a good member of that Con- stitution whicl^ he seemed to despise so much. 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 animadvert upon the se- verity or the leniency of ray sentence. Were I to be led this moment from the bar to the scaflold, I should feel the same calmness aiid serenity which I now do. My miiul tells me that I have acted agree- ably to my conscience, and that I have en- gaged in a GOOD, a ,1UBT, and a Gl.onioua cause, — A CAUSE which, sooner ob LATER, MUST AND WII.I, PREVAIL, AND BY TIMELY REFORM, SAVE THIS COUNTRY FROM DESTRUCTION. " SENTENCE. " The Lord Justice Clerk and Lords Commissioners of Justiciary having con- sidered the foregoing verdict, whereby the assize, all in one voice, find the pan- nel guilty of the crimes libelled — the said Lords, in respect of the said verdict, in terms of an Act passed in the 25th 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 Thomas Muir be transported beyond seas to such place es his Majesty, 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 him, if after being so transported he shall return to, and be found at large, within any part of Great Britain, during the said fourteen years, without some lawful cause, and be thereby legally convicted, he shall suffer death, as in cases of felony, without be- nefit of clergy, by the law of England — and ordain the said Thomas Muir to be carried back to the tolbooth of Edin- burgh, therein to be detained till he is de- livered over, for being so transported, for which this shall be to all concerned a suf- ficient warrant. (Signed) Robert M'Queen." 1. ■, iif! r^ VO'^ APPENDIX. No. I. Copy Scnlence of Fugitation. February 125, 1793, Thk which (lay the diet of the criminal lettow, raised and ciirried on at the in- stance of Robert Dundas, Esq. of Amis- ton, his Majesty's Advocate, for his Ma- jesty's interest, against Mr. Thomas Muir, younger of Huntershili, Advocate, being called, and the said Mr. Thomas Muir having been ofttimes called in Court, and three times f . the door of the Court-house, he failed to appear. Whereupon his Majesty's Advocate, moved, that sentence of outlawry and fu- gitation might be awarded against him ; and as he understood that bail had been given for his appearance, when appre- hended by the Sheriff of the county of Edinburgh, he craved that the penalty in the bond might be forfeited and recovered. " The Lord Justice Clerk and Lords Commissioners of Justiciary decei-n and adjudge the said Thomas Muir to be an outlaw and fugitive from his Majesty's laws, and ordain him to be put to his Highness's horn, and all his moveable goods and gear to be escheat and inbrcught to his Ma- jesty's use, for his contempt and disobe- dience in not appearing this day and place in the hour of cause, to have underlye; the law for the crimes of sedition, an others specified in the said criminal letter raised against him thereanent, ts he who was lawfully cited to that effect, and oft~n- times called in Court, ani.' three times at the door of the Court-ho.ifj, and failing to appear as said is. And ordain the bond of caution, granted for tl.e appearance of the said Mr. Thomas Muir, in the Sheriff- Court books of Edi nburgh, to be forfeited, and the penalty therein contained to be recovered by ths Clerk of this Court, to be disposed of as the Court shall direct. (Signed) Robert M'Queen, J.P.D." No. n. At Edinburgh, the 2rf of January, 093. The which day compeared, in presence of John Pringle, Esq. Advocate, his Ma- jesty's Sheriff- Depute of the shire of Edin- burgh, Thomas Muir, Esq. Advocate; who, being examined by the Sheriff, and being interrogated, whether or not the declarant, in the month of November last, was in the towns of Kirkintilloch, Len- noxtown of, Campsie, or Milltown of Campsic ? declares, that he declines an- swering any questions in this place, as he considers a declaration of this kind, ob- tained in these circumstances, to be ut- terly inconsistent with the constitutional rights of a British subject : that he has solemnly maintained this principle in pleading for others in a criminal court, md that when it comes to be applied to his own particular case, as at present, he will not deviate from it ; declares that he neither composed, published, nor circu- lated, books or pamphlets, inflammatory or seditious ; that in public and private, he always advised, and earnestly entreated those who might be engaged in the pro- secution of a constitutional reform, in the representation of the people in the House of Commons, to adopt measures mild but firm, moderate but constitutional ; and that he has always inculcated upon all whom he may have addressed upon any occasion, that there was na other mode of accomplishing a constitutional reform, in the representation of the people in the House of Commons, but by the mode of oectful and constitutional petitions to House, for that purpose ; and that he not doubt but the wisdom of that House would listen to the voice of the people, when thus constitutionally pre- sented ; and being shown three numbers of a paper, entitled " the Patriot," the first dated, " Tuesday, April 17th, 1792," the second dated, " Tuesday, June 12th," and the third, " Tuesday, July 10th," without mention of the year ; and being interro- gated, if he gave these pamphlets to Wil- liam Muir, weaver in Kirkintilloch, and eight other numbers of the same publica- tion? declares, that he adheres to the principles which he has mentioned in the preceding part of this declaration, and declines answering the question. And being shown a book, entitled " the Works of Thomas Paine, Esq." and interrogated, if he did not give said hook to Henry Freeland, weaver in Kirkintilloch, and first Preses of the Reform Society there ? ited, whether or not the ! month of November last, ns of Kirkintilloch, Len- ampsic, or Milltown of lares, that he declines an- istions in this place, as he :laration of this kind, ob- circumstances, to be ut- it with the constitutional ish subject : that he has tained this principle in lers in a criminal court, it comes to be applied tu lar case, as at present, he from it ; declares that he ed, published, nor circu- pamphlcts, inflammatory lat in public and private, d, and earnestly entreated t be engaged in the pro- nstitutional reform, in the if the people in the House > adopt measures mild but but constitutional ; and ways inculcated upon all lave addressed upon any lere was no other mode of t constitutional reform, in ion of the people in the nons, but by the mode of constitutional petitions to that purpose ; and that he but the wisdom of that isten to the voice of the thus constitutionally pre- iing shown three numbers led "the Patriot," the first ly, April 17th, 1792," the Tuesday, June 12th," and ssday, July 10th," without year ; and being interro- e these pamphlets to Wil- ver in Kirkintilloch, and ibers of the same publica- , that he adheres to the h he has mentioned in the of this declaration, and ring the question. And jook, entitled " the Works le, Esq." ond interrogated, give said hook to Henry fer in Kirkintilloch, and he Reform Society there ? THOMAS Ml' I It. -11) declarHs, that he adheret to his principlf, ntiddc'cliiiesansweriiiRthe question. And beins? shown a pamphlot, entituled, " A Doclaratinn of Uiijhts," and an " Address to thp I'uoplo; and intorrosatod, whether or not he give llii! aforesaid panipliiet to the siid Henry l-'reeland ? declares, that he declines answering upon tlie aforesaid principle. And heing interroijatcd, whe- ther or not he cue to the aforesaid Henry Freeland, a bonk, entiluled, " Klower on the French Constitution?" dcelares, that he declines answerintj the question, upon the aforesaid principle ; and all tlie he- foro-mentionod bno'is are marked as re- lative hereto, of this date. Anil beinjr interrogated, whether or not the declar- ant was a member of the Convention which met in Edinburgh, in the month of December last, styling themselves the Convention of the .\ssociated Friends of the People, and produced to that meet- ing a paper, entituled, " Address from the Society of United Irishmen in Dublin, to the Delegates for Reform in Scotland, 23d November, 1792," and moved, that the thanks of the meeting should be re- turned to that Society for said Address ? declares and declines answering the ques- tion, upon the aforesaid principle. All this he declares to be truth. (Signed) Thomas Muir. .loHN Pringle. No. HI. Panport delivered in execution of the lata, of the tth December, 1792,/rit year of the French Republic. Having seen the recommendation of the Council General, the Commune of Paris, permit citizen Thomas Muir to pro- ceed on his way to Philadelphia, domi- ciled at Paris, municipality of Paris, de- partment of Paris, native of Scotland, a lawyer, 28 years of age, 5 feet 9 inches high, his hair and eye-lashes of a chesnut colour, blue eyes, aquiline uose, small mouth, round chin, high forehead, long and full face. Send him aid and assist- ance if in want. Executed in the Directory, 23d April, 1793, second year of the French Repub- lic. Citizen Muir signs this with us ad- ministrators, composing the Directory of the Department of Paris. (Approved) Thomas Muib- Dubois. E. J. B. Maillahd. Le Blauif. Nicoi.EAU, Preiid. u .Seen bv u» Ministers of Foreign AtTairs. l'ari>i,'2)Uh April, second ycur of Repul)lic. (Signed) Lr. BiitiN. Maille, Gauat, C,r. No. IV. Letter from Sir J.'..Mr.3 .M'lvrosH in Mr. C'A.Ml'UF.t.I,, If. S. Mr. Miiir't Aijent. Sir, I have to acknowledge the re- ceipt of your letter respeeting the busi- ness of Mr. Muir. I did not lose a mo- ment in finding a sale and speedy con- veyance to him at Paris for your letters, and those of his other friends in Scotland, sent to my care. I delayed from day to day, in the perpetual expectation of see- ing Mr. .Muir here on 'ais return. It be- comes 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 pos- sible, 1 think it very probable that this delay ought to be ascribed to the embar- go laid on the vessels in the ports of Frinee, which may perhaps have render- ed it impossible for him, though even at Calais, to make his passage to England. I 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 ■nay think fit, that 1 have now thought it necessary to communicate this statu of facts to you. I am, Sir, Yours, &c. James M'Intobm. St. Chatlotte.strei!t, Portland-place, Feb. 7, 171)3. ^ No. V. Letter from Mr. Mum's Father to Capt. Geo. Towers. Glasgow, July 21, n!)3. Dear Sir, — I am at a very great losi how to answer your letter, as it's not un- derstood by me : if it's the Friend that I have, it it's he, I would be overjoyed to see his hand-writing, and to know what has become of him these three months. I thought he had been at Philadelphia ere now, where letters are forwarded for him ; and if you are to stay any time at Belfast, be so kind as write in course ; and I will come over and see you and him. You can write the time you mean to stay. Mr. John Richardson, a son of Deacon James Richardson, I saw him this week at Greenock ; he is to sail in the Almy of New York directly, and has two packets of letters for him ; and there are many No. -l. I ;f AO APPENDIX. letters wrote for him to the ffnt pcojilc of America. Uiice h« were there, liu'il get letters to General WasliinKtoii ; iniii I hope, dear Sir, you'll shew him every civility in your power, which I hope some day grutefuliy to thank you for. 'i'herc is a trunk niso in the Almy for him, which Mr. Richardson will deliver into his own hamL I sincerely wish you a safe, plea- sant, and successful voyage, and « happy meeting with your friends. And 1 re- main, Dkar Sir, Your most humble servant, J. MuiR. If it's the person I mean, a cousin of his, William Muir, formerly of Leith, is lying at Philadelphia. His ship is an American hottom. The loss of thisyoung man has been a dreadful affliction to us. Please give our friend this letter. I hon- oured bis draft in favour of Mr. Masey. He'll get his letters at the post-otlice, Philadelphia. I hope in a year or two he can return, if he doth not love America ; and be so good as cause him write me one line in your letter. Vou can direct it ; and if no does not choote to lign it, you can put your initials to it. No. VI. Addrttiform the Socittjf of Ukitsd Irisu- ngN in Dublin, to the Delegates for pro- moling a Reform in Scotland, which teat brought hg tht Crown a* evidence of St- dition against Mr, Muir, and which he read on his Trial, We take the liberty of addressing you, in the spirit of civic union, in the fellow- ship 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 coun- try so respectable for 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 dis- tinction, not by a calm, contented, secret wish for a reform in Parliament, Iml by openly, activeig, and urgentig williHg it, with the unity and energy of an embodied nation. We rejoice that you do not consider your- selves as merged and melted down into another country, but that in this great na- tional question, you are still — Scotland, the land where Buchanan wrote, and Fletcher spoke, and Wallace fought. Away from us aud from our children those puerile antipathies so unworthy uf the manhood of nations, which insulate individuals, as well as countries, and drive the citizen back to the savage t We es- teem and respect you. We pay merited honour to a nation in general well edu- cated, and well informed, because we know that the ignorance of the people is the cause and clfeet of oil civil and re- ligious despotism. We honour a nation regular m their livo^, and strict in their manners, because wc ronceive private mo- rality to be tho (inly secure foundation of public policy. We honour a nation emi- nent for men of genius, and we trust that they will now exert themsi-lvps, not so much in perusing and penning the hlsto- rios of iilhor counlrios, 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, anr.')2 counties in Ireland, a reform in Parliament ; the royal burghs of Soot- ed for a reform in their i and Government. If brmed, there it no tuch r election in Scotland. 1 ought to possess that pular scale, which might loil, and make them cling in, are now as dust in the abroad by the least im- red through other coun- luse they hang so loosely 'hey have no share in the id are aggrieved not only illegal exaction of taxes; by misrule and misroanagennMit uf cor- porations ; by misconduct of self.elected and irresponsible magistrates ; by waste of public property ; and bv want of com- petent judicatures ; but, iu our opinion, most of all, by an itiadeguule parliamenliiri/ rtpraenlnlitm, — Cor wo assort, that 4.') Commoners and 16 Poors, are u pitiful representation lor two millions uiid a half of people ; particularly as your Coinniun- ors oonsid<'r tlirinaolvos not as tho ro- presontativos of that pooplo, but of the Councils of the Hurghs by whom they are elected. Exclusive charters in favour of Bo- roughs, monopolize the general rights of the people, and thut not must lie absurd which procliidos all other towns from tho power of being restored to thoir unoiont freedom. Wo remember that heritable jurisdif- tions and feudal privileges, tlioMijli ex- pressly reserved by the Act of I'liimi (•.iOth art.) wore set aside by Act of Par- liament in \7Hi, and we thmk tiiat there is much stronger ground at ])re3ent, for restoring to the mass of the people their alienated rights, and lo the constitution its spirit and its integrity. Look now wo pray you upon Ireland. Long was this unfortunate island tho prey of prejudiced factions and ferocious par- tics. The rights or rather duties of con- quest wore dreadfully abused, and the Catholic religion was made the perpetual pretext for subjugating tho state by anni- hilating the citizen, and destroying, not 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, tliey themselves were now included in the general subjection ; subduing only to be subdued, and trampled upon by Britain at a servile dependency. When there- fore the Protestants began to suflcr what the Catholics had suffered and were suf- fering ; when, from serving as the instru- ment!, they were made themselves the objects of foreign domination, then they became conscious they had a country ; ;ind then they felt iike Irishmen, — they resisted British dorriinion, renounced co- lonial subserviency, and following the ox- ample of a Catholic Parliament, 'ust a century before, they asserted the exclu- sive jurisdiction and legic!ative compe- tency of this island. A sudden light from America shone through our prison. Our volunteers arose. The chains fell from our hands. Wo followed Grattan, the i'2 angel of our deliveranoe, and in 178-J, Ireland ceased to be a province, and be- came a nation. But, with reason, should wo despise and renounce this Revolution, as merely a transient hurst through a bad habit ; tho sudden grasp of necessity in despair, from tyranny in distress, did we not believe that the KovoLition is still in train ; that it is less the single and shining act of B'J, tlinn a series of national im- provements which thut not ushers in and announces ; that it is only the herald of liberty and glory, of Catholiu omanclpa. tioii, as well as Protestant independence ; thn'i in short, this Revolution indicates new principles, foreruns now prarticcs, and lays a foundation for advancing tho whole people higher in tho scale of being, and dilfusing ei|ual and permanent happi- ness. British suproinaoy changed its aspect, but its essence reiuained the sumo. First it was force, and on the event of the late RcV'^lution, it became influence ; direct hostility shifted intosystematic corruption, siieiilly drawing oil' the virtue and vigour of the island, without shock or explosion. Corruption that glides into every place, tempts every person, taints every prin- ciple, infects the political mind through all its relations and dependencies ; so re. gardless of public character as to set the highest honours to sale, and to purchase boroughs with tho price of such prostitu- tion ; so regardless of public morality, as to legalize the licentiousness of the lowest and most pernicious gambling, and to ex- tract a calamitous revenue from the in- fatuation and intoxication of the people. The Protestants of Ireland we:o now sensible that nothing could r itoract this plan of debilitating policy, -. >: ra^ dical reform in the Houte of Iha I- -^ple, and titat without such reform, the Kevo- luticn 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 re- solved — they convened— they met with arms — they met without them — they pe- titioned ; — but in vain ; for they were but a portion of the people. They then looked around and bchehl their Catholic countrymen. Three million — we repeat if — three million taxed without being re- presented, bound by laws to which they had not given consent, and politically dead in thoir native land. The apathy of the Catholic mind changed into sym- pathy, and that begot an energy of sen- timent and action. They had eyes, and ihoy read. They had ears, and thin' Its- 58 AHI'INDIX. Icncil. They hiid lienrtK, mid tlirv ('■•It. They mill, " (Jivi! iiii nur ri;ilil*, nn yon vsAw your own. (iivi; ii« ii »lmro ol' civil and politirsi liborty. llio ploi'tivc friii- ohiio, nnil tlio trial liy jury. Tri'\f in n* men, mid wl> aIiiiII treat yoii bh limthrr^. In tax.'ttion williniit rrprfirnlalioii a grievniKV to tlirrn million* ncrosfi tin; Atlantii', i^nd no (rriovunci! to tlirco mil- lions nt yoiT doors? Throw down that pnic of pcMP'Utinn whi''h utill keeps up civil war in livlnnd, and makes us one people. We si, all then stand, siipportini; and supported, in the assertion of that liberty which is due to all, and which all should unite to attain." It was just — and immediately a prin- ciple of adhesion took place for the first time ainons the iiihuhitaiits of Ireland ; — all relijriouH persuasions found in a po. litical union their common duty and their common salvation. In this Society and its affiliated Societies, the Catholic and the Presbyterian are at this instant holding out their hands and openin|{ their hearts to each other, agreeing in principles, con- curring in practice. We unite for im- mediate, am|)le, and substantial justice tu the Catholics, aitil when thai ii ultaiiieil, a combiiud ertrtion for a Ue/orm in Pur- liamtnt is the condition of our compact, and the seal of our communion. British supremacy takes alarm I The haughty monopolists of national power and common right, who crouch abroad to domineer at home, now look with more surprise and less contempt on this " be- sotted" people. A new artifice is adopted, and that restless domination which at first, ruled as open war, by the length of the sword J then, as covert corruption, by the strength of the poison ; now assumes the style and title of Protestant Ascendancy ; calls down the name of religion from heaven to sow discord on earth ; to rule by anarchy ; to keep up distrust and an- tipathy among parties, among persuasions, among families ; nay,to make the passions of the individuals struggle, like Cain and Abel, in the very home of the heart, and to convert every little paltry necessity that accident, indolence, or extravagance bring upon a man, into a pander for the pur- chase of his honesty and the murder of his reputation. We will not he the dupes of such Igno- ble artifices. We see this scheme of strengthening political persecution and state inquisition, by a fresh infusion of religious fanaticism ; but we will unite and we will be Free. Universal Eman- cipation with Representative Legislation i» the polar priiieipli! whii'h guides our S'>- eiety, and ihull uuiile it tliroiiuh all the tumult of laetioiiit and niietualions of par- lies. It is nut upon n rnnlition of opposi- lion with miiiislrv that we di'peiwl, l>iit up- on n eii'ililiiiii of irishiiieii uilli Irishmen, and in t'lit eoaliliini alune we lind mi ob- ject worlliv of r<'forrn, and at llie same; lime the slr>'n>jlli and sinew holh to allaiii and secure il. I' is not upon external '■irciiinstanccs, ii|iiin ihe ple(|i;e of a man or a ini;ii«ler, we depenil, Imt upon the internal eneray of ihe Irish nation. Wo will not liiiy or hnrroiv lilierty from Ame. rica or from I'r.nice, but manularture it ourselves, and work it up with those ina- terinls lliiil the hearts of Irishmen furnish Ihein with at home. H'e do not worship llie llrilisli, far less the Irish Conslilution, ansi'nt iliiwii from heaven, hot wc: consider il as human workmanship, which muu his madi-, and man can mend. y/>i unutltr- ulile Ciii'Miiluliim, whiileier he il) tiuliire, ntiint he. ilv\ftnl'i..in. Il h not I he Cnuxlilu- linn, hul llm I'lii/ilr, which oiit/hl In be in- vvilable s unit it in lime In ruroiinite and renntiile Iherii/lil.t nfihe I'.iKjIiih, the Smith, mill Ihe Irish iiiiliimn Kighls which can neilhcr be lionciht nor sold, granted by charter, or forestalled by monopoly, but which nature dictates as the birthright of all, and which it is the business of a Con- stitution tu define, to enforce, and to estab- lish. If Government has a sincere regard for the safely of the Constitution, let them coincide with the people in the speedy re- form of its abuses, and not by an obstin- ate adherence to them, drive that people into Republicanism. We have told you what our situation was, what it is, what it ought to be : our end, a National Legislature ; our means, an union of the whole people. Let this union extend throughout the empire. Let all unite for all, or each man suffer for all. In each country let the people assemble in peaceful and Constitutional Convention. Let delegates from each country digest a plan of reform, best adapt- ed to the situation and circumstances of their respective nations, and let the Legis- lature be petitioned at once, by the urgent and unanimous voice of Scotland, Eng- land, and Ireland. You have our ideas. Answer us, and that quickly. This is not a time to pro- crastinate. Your illustrious Fletcher hat 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 preserve a nation from slavery. He spoke well ; and we ^ i|)lt! wJiiih RuiiliM onr S'»- Utiiili> it lliri)iit;h nil tli<> m niid niu'tiiiiliiiiin of pnr- |)on n ronlition ol' nppoitl- y that wi- (li'peiid. Iiut iip- Irinliinini willi Irislinii'ii, linn iiloMi' \vi' liiid III! Ill)- ri'fiirpii, i\iiil lit tli(^ siimif •\ iiik! siiii-w liolli t» .'iltaiii I' '\% ii'it iipnn cxtorriui Miiiii tlip plf(|i»(> of II mail '(' rli>pi>ii(l. Iiiit upon lh(> "C Ihi^ Iriiili iiaticiii. W'n icirroiv lilicrty rcoiii Ame- iiiro, lint MiaiiuractiirK it \i)rk it up with lliosp ina- Kvirls iif Irishmen l'urcii«h nil'. H'o ill) mit wiirsliip i's9 till' Irisli ('oiislilulion, in licavcii, liut \\r. ronsidi'r kmaiisliip, wliicli man tn» can mt'iKi. y/« uuutltr- 'I, whiileitr he itf tiutiire, in. ll if not the Cnnstilu- iifiU, !chkh oiii/ht Id he in- t it lime In rrrnfiniM unit ttnfl/ie luHjIia/i, the Si'olch, iliiint lilKhts wliich can irlit nor sold, (rrunled by ^stalled by monopoly, but iciates m tlm birthri>{ht of t '\* the business ol'n Con- le, tu enforce, and tc> ostab- nment has a sincere regard the Constitution, let them 16 people in the speedy re- ios, and not by on obstin- them, drive that people nism. Id you what our situation what it ou^ht to be : our 1 Le){<>lature ; our means, e whole people. Let thli throughout the empire, or all, or each man suffer ich country let the people iaceful and Constitutional Let delegates from each k plan of reform, best adapt- ition and circumstances of I nations, and let the Legis- 3ned at once, by the urgent • voice of Scotland, Eng- nd. [ir ideas. Answer us, and This is not a time to pro- our illustrious Fletcher hat iberties of a people are not , without passing through es, and no toil or labour !clined to preserve a nation He spoke well ; and we THOMAS Mi; in. AS add, llial it it incumbent on uvury iiatiuti tvlio uilNciituri's into a eoiitlict lur fret'- doin, til rt'iiiL'iiilii'r it i« on the event (hiiWL'Vt^r aliiiiirilly ) dcpciiiU the estima- tion ol llie jiulilli' iipiiiiuii i hiiiioiir and iininiirtulity, il lurtunate : il nllii'ivviiie, iiiluiny uiid oliliviiiii. Let lliis cliuik the ra>liiii'» ihut rui>liv:ii uiiadtiacilly iiilii the cuinniillul of nutionul rliar.ictcr, nr il that lie uireudy luaitf, let the same ciiiisidera- tioii impel us III! tu advance nitli arti\i', not piusive peisuvi'iaiii'e ; with manly conliduiiue and calm d>'teriniiialii>n, snili- iii^ with eijuul M'lirii at the bluster ufnlli- ciul arriiKunee, and llie ivhiitpiT ul' private inulevulence, until <.ve have planted the llag of l''reediiiii on the ruininit, and are at once victorious and secure. Signed) NVm. Uucnnan, Clminnnn, A. Hamii/cun Uowan, .!»r. No. Ml. Tribute Ut ScMand, and to Mr. .Mum, bi/ Cl'UHAK, taken J'rnm hie ituijuent Sprjch in defence ofSU . HaMII.TUN Kovva.v.— Jan. '29, 1 794. OcNTLK.MKN, — I uui ({lad that this i|ue!>- tion has not been brought furuard earlier; 1 rejuiee lur the sukn uf the court, of the jury, and of the public repose, that this (|uestiuu has not been brought forward till DOW. in Great Uritain, anuloguui circumstances have taken pluue. At the commencement uf that unfortunate war, which tins deluged all Europe with blood, the spirit uf the English people was tremblingly ulivc to the terror of French principles; at that moment uf general pa- roxysm, to accuse was tu convict. The danger loomed larger to the public eye, from the misty region through which it was surveyed. We measure inaccessible heights by the shadows which they pro- ject, where the lowness and the distance of the light form the length of the shade. There is a sort of aspirinj? uiid adven- turous credulity, which disdaip.s ivjentiiig to obvious truths, and delights in catching ut the improbability of circumstances, as its best ground of faith. To what other cause. Gentlemen, cuu you ascribe, that in the wise, the reflecting, and the philo- sophic nation of Great Britain, a printer has been gravely found guilty of a libel, for publishing those resuLutions tu which the present minister of that kingdom had actually subscribed his name? To what other cause can you ascribe, what iii my mind is still more astonishing, in such a country as Scotland — a nation cast in the happy medium between the spiritless ac- quiescence of iubmiasivii poverty, and the sturdy erediilily of pumpcred wealth ; cool and ardent ; adventurous and perievcr- iiig ; tviiiKiii<{ her eagle Hiuht sgainst thn l:la/e ol every srienee, with an eye that iiL-ver winks, and a wing that never tires; rrowiied 'is >he is with the spoilt of every art, and decked with the wreath of every muse, from the deep iind seriitiiiiiiing re- searclu's of her Hume, to the sweet and simple, Lot not Icis pathetic and sublime morality uf her Uuriis — how, from the boAoin (if a country like that, genius, and idiaraeter, and talents, should be banlKhcd to u distant barbarous soil ;• condemned tu pinu under the horrid communion uf vulvar vice and baseburu prolligaey, for twice the period that ordinary calculutinn gives to the continuance of human life? Hut I will not press un idea that is painful to me, and 1 am sure must be painful tu you. No. VI H. Letter from Mr. Ml'iR to a friend at Cam- hriily; written on the eve of hit leaviny Knytand. My dear Frigno, — I received yours ut Edinburgh with the sincerest pleasure ; your sentiments and mine ore equally accordant, the great lesson wo have to learn in this world, is submission and re- signation to the will of God. This lesson strikes upon the heart, not by the force of cold and abstracted precept, but by the example of Him, who was the object of all sufferings, and the pattern of all perfec- tion. Much need have 1 to be taught in his school. Hurled, as it were in ii mo- ment, from some of the most polished so- cieties in Edinburgh and London, into one of the hulks upon the Thames, where every mouih is opened to blaspheme God, and every hand stretched out to injure a neighbour, 1 cannot divest myself of the feelings of nature ; 1 cannot but lament my situation ; and were it not for the hope of immortality, founded upon our com- mon Christianity, alas! 1 might accuse the Father of all -lustice and of all Mercy with severity. But blessed be God, every thing in the great system of nature, every thing in the little system of individual man, currespoiids with the great dispen- sations of the gospel, and demonstrates its erticacy. Much consolation does the reflection now allbrd me, that in prosperity 1 always • Mr. Muir was iiitriiduced toCurmii when in Ireland, «nd bvciimt pertoiiiillr aciiuainlvd wiih tiim, M Ai'rr.NDix. rrHBrili'tl Ihit ri!Vt*l*tinii ul' himvan with (h« mntt proroiinil ravvrtiK'n. In •olitiiry exile ttirrn it ili)inity, tlicrn in a ('onxcidim priilc, Hlii<')i, cvcii iikIp- ppndrni of philn^nphy, mny mpport tlio mind, hut I qiiPMinn much, irony of thit ilhlitrinu* of nnrirnt «iipi cnulil havp •upportrd an pxile limilar to mino, nur- roiinrled hy the verifnt oiilraul* of xicii ly, withniit thi! oid of ri'liHinn and of tho px- ainph' of Jf»u«. I hHvp hctMi Ki'parntt'd rroni .Mr. Pal- mer, ho ia ill Ul I- liiilk, I orii in a ditrrroiit one. '\'\w ii(>pAriitinn ii an act of uiiiic- ceunry cnu'lty. My ntnle of lionlth in poorly. The medt of -i coiisumptioiii I iipprchrnd, ari< planted in my hreatt. I Huli'iT no acute pain, hut daily expi'riciicr a K^^'hiul de- cay. or every thing rclteting to my future dcitinotion, I am utterly iKnorant. Honour mo hy your porriK|H>ndetice, I am «urn it will ameliorato my heart. Farewell ! my truly worthy and renpect- able friend, Thomas Muiu. No. IX. Aff> Muir'i Recrplion ut Bourileaux. When thin ordcnt friend of Liberty nnd victim of oppression landed at Hoiirdeaux, ho wai received by the liopublicans of that town with all thoin marki of afTection and admiration which hit potriotitm and his miafortunet arc calculated to inapirc. Some Mombert of the Academy, and of the Cerelt dt la Grandt-Quille, waited upon him, and tettified the tatiifaction which thcte Socictiet would experienro if he thould pay them a visit. Muir imnic. diately accepted the invitation. Hit reception at the Society of Grand- Quillo formed a very intereatinf^ spec- tacle. The building wat illuminated — the Hall in which the meetings are held was decorated with the national colours and c.-mblcnii of liberty, and a band of musiciant performed all thote animating airs which are dear to Kcpublicans. A Citizen distinguished by his virtues .ind his patriotism, the worthy father of a respecluble family, was appointed hy the tiociety to give tho *i»» of frattmity to Thomas Muir, ar.d in hit person to the Freemen and Dcrcmlers of Libertyf in every country. A deputation of female Citiiens presented him with the F^lowers, Myrtles, and Laurels. The multitude who filled the passages which lead to the Hall manifested a desire to see him. Fie ap- |M*ared on the btlcmiy, and was welcomed ity sliiiutt of Live the Itefendurt niid the .M.irlvri of Lil)crly I — Live the Kcpuh- lic I ■ On thp folliiwing pvpiiing hu wni in- vitpd to n civic l)aii(|Uct, during which the moat |ilcakiii({ li.irinoiiy pr< vailol, and wandlapluved in tlip mo• ' lmiir|iii'l, iliiriiiK whii'li 'i li.irindiiy prt vnilril, unit ilio iiiD't |iiiri» Kt'piiblicaii my pnlriiitii! tuinn wcr« ivliirti wi'ro, Till' I'VtMirh I'VicndH ol' l.ilii'rly nil -The Army nl Knitliiiiil ; liy the illiiHtiiiiiiK Di-livpN II iiiiili' till' I'liiinirK anil innku the 'lirit ilL-ar tn II- I' tlio miniiitnini of Soot- I. louriltMiix inndo a ipovch, 'il till- [itnu-i'iitloim wliii'li Ian iiiulcrKiiiic, uiid the II Iriciiilii III' l.iliurty tnku then nililrc'Muil thu mcet- 'ing tefnn : iim not necustomcd to I liiiiciin);!! ill pu|j|i(> ; but il with nil till! fncilily of luonco it il poKniblu to d not bo nhio to exprcM luw I'erl. I am trunaport- id myself nt this moment lit whun 1 fonipnrn my 1 with my brethren and ho si^li in iliinKuons or , I exporlenci! sentiments luind inelaneholy. Eternal I'rovidenre, the Hire mure been saved. lli« rniversi! is not ypt ots of KuRlaiid, Scotland, I soon break their chains, at alonK with you under Freedom. Permit nii; to their names. The same nates you, animates them I worthy of your esteem, offer liberty. We shall I like you : and then by tion, we will prove to you r brethren." No. X. \pe from Botany Bay, and jueni Minfurlunet. n Ccjricrof 11th Dec. I'llT.J It Thomas Muirwastrans- y Bay, in consc(|uence of the Scottish Court of Jus- it was probable he would his days for havintr wished ountry, had he not, in the 1HOMAS ML in. All midit of his niisfiirtuiiui, still pr«icr«ed that conrniie and pretence of mind whirh iilwaya di«tlii);iiishes )|reat chariirli-ra. All Ainrrii'iiii vrwcl IiiiicIiimI iit Hiitnny lluy ahoiil tin* i-ii'l of Krbniury, I7IXI. Jiitt ai thu ulilp was ({■'"■'■V imdiT weijfh, till' Americans rnrried Miiir on linard in their bi)»t, Ihoiijili nss:iiled by a shower of musketry from llie tlioro. 'I lii' ship pro- cecdfd to the Kri.indly IkLiiiiIs, and Iroin thence to Nnotkii Soiiiid. Hut licre new ilani^eri awaited him : An Kni/lith »liip of wiir, which liud left Hutniiy Hay smiie days before the American, iinchured near hi!r ; 1'lionms .Miiir ini^'ht have been known, and made a prisoner. To avoid his persecutors, he resolved to travel across the whole continent of America ! — a dread- ful enterprise, which reijiiired at oneu the courage of a Hero, and the rcsiRimtioii of a Philosopher. Hut fortunately the C'lip- tuin of u Spanish (galliot, wliich lie (IIm'ov. ered on the coast, );avc him a passa);c to •Saint HIas, a port sitiintod at the i.uiiith of the Onlf of California. As soon «* he landed, he wrote to the Viceroy of .Mexico, claimiii;; the rights of hospitality in the name of thu French Republic. Mia .ip- plication was favourably received. Ik- was permitted to travel through the Mexi- can territory ; and havin){ orrivcd at Vera- Cruza, he took a pnssa^^e to tlio Ilavannah. The Governor of Culm, however, without oasii^ninir any reason, treated him as a pri- soner of war, and detained him during four months in the most rixoroiis confine- ment. Such are the greater part of those subaltern despots who govern the colo. niet of jfreat powers. They oppress some defenceless individuals, and fancy for a moment that the arbitrary power which they cxcrciao equals their masters. He was at last, however, put on board a fri- gate, to be carried to Spain. But his misfortunes were not yet at an end : as the frigate was entering Cadiz, she was attacked by a part of Jervis' fleet, which blockaded that port. The Spaniards de- fended themselves bravely, and Muir, who preferred death to chains, fought with the greatest intrepidity, until he received a desperate wound in the face, and fell, bathed in his blood, The frigate soon after struck to the English, who having learned that Muir was on board, inquired eagerly for him. They were told thnt he had been killed in the action, and was thrown overboard. He remained six days in their possession without being known, and was at lust sent on shore with the other piisoners. But this deplorable situation did not ■•curt him from new upprutsiuu* at ( 'adii, where h« ought tu have received co itola- tiun. Ill* was giiartU'd in the hotpilal by (Ivesenlinels. Kvu hnnewsof the IHth Frnetidor redoubled tlio rigours of hil captivity. He w:is more clotely confined, anil 11(1 Freiieliniun was allowed tu ap- proai'h him. Hut the Conaiil of the Ke- piiblic being inlorined of lliia unfortunate Friend of Liberty, husteiied to testify hit reaiieet for him, and to all'ord him relief. Muir addressed uii uceuunt of his ad. venturea to lliii Directory, and suleiunly declared that he adopted thu French lie. public for his country. He received a most kind and obliging reply from the (■overnineiit, From that moment he coniidered himself our fellow.citizen, and waited only to be cured, that he might return into France : but what wot hit us- toiiishnient when heluarneilthatthe Span- ish (iuvurnment retained him as a prisoner of war I — After many fruitlesa rcpresenta- tion.i, ho again addressed thu Hepublic, and thu Directory ordered thu Ambaita- dor Perigiion to declare to the Court of .Madrid tli.tt Thomas Muir no longer bo- longed to the country which had proscrib- ed liim, and to claim him lu a French citizen by adoption. This demand could not be resisted, and he was immediately set at liberty, but ordered to leave the Spanish territory without loss of time. VVas that Oovernment afraid that the pre- sence of this celebrated Republican would inspire its subjects with the lovo of lib. erty? Thomas Muir received every mark of friendship and respect from our Ambassa- dor at Madr/'J, and is now sheltered from the fury and persecutions of his enemies. He has arrived in the land of independ- ence and hutpitality. }Ie has entered France at tlie moment when the Oreat Nation menaces England, and is about to realise the plan which it has conceived.— May he find in the citizens of his new country only friends and brothers I The intention of the Committee of Pub- lic Safety is now in part completed. Il will be recollected that Barere, in the name of that Committee, ordered the Minister of Marine to direct some frigates to go in quest of the liberticidal vessel wliich carried Muir and his unfortunate companions to the frightful deserts of New Holland. Thomas Muir is now in Paris, in th': capital of the Republican world, the ren- dezvous of all the victims who escape from despotism. The Directory pressed him to repair to this city. We invite 56 APPENDIX. im lit! i 1 T' tliein, in the name of the generoua peo- ple whom they govern, to fulfil every duty of hospitality towards this Apostl» o( Liberty. It would he as impolitiu as inhuman to neglect or to expose to indi- gence those illustrious foreigners to whom we otfer an asylum. No. XF. BRITISH PARLIAMENT. HOUSE OF i.oims, .lANUAnv 31, 1794. Triah of Mr, Mtiir and Mr. Palmer. Earl ST.\Niiori': rose and suid, that the proceedings in the late trials against Mr. Muir and Mr. Palmer, before the Lords of Justiciary in Scotland, were so extraordinary that it became their Lord- ship? by a regard to the sacred character of justice, to inquire info tlieui — thty were contrary to the principles of immu- table justice, and directly in opposition to resolutions of that House, in the im- peachment of Mr. Hastings, their Lord- ships had made, in the year 17D0, no less than four resolutions, which shewed their sense of principles which belonged to no one nation, and to no one tribunal, but were of the essence of justice. The prin- ciple was, that when a man was put upon his trial, no charge could be brought for- ward in evidence which was not set forth in the original indictment. He concluded with moving that our humble Address be presented to his Majesty, humbly to re- present to his Majesty, that sometime ago Thomas Muir, Esq was tried on acriminal prosecution before the Lords Justiciary of Scotland ; in consequence of which sentence of transportation beyond seas for fourteen years had been passed upon him. — That this House were forthwith to taiie into their consideration the pro- ceedings had on the said trial and sen- tence. And, therefore, praying his Ma- jesty not to carry into execution the said sentence, until the House had made the ■ proposed inquiry. Karl Mansfield, Earl Lauderdale, and the Earl of Coveniky, spoke against the motion. The Lord Chancellor said, that there might be a mistrial, but that there was a legal remedy in supplicating par- don, which Earl Stanhope repudiated as degrading to an innocent person. The question was then put on the mo- tion for the Address on the case of Mr. Muir, and as Earl Stanhope persisted in taking their sense by a vote, they divided. Content, I Not Contents, 4t>. 1)14 Veatrit, 31 1< Jan. 1794. The Order of the Day being read fur the Lunlato be summoned, it was moved, That aif^jumble address be presented to his MajeSty, humbly to represent to his Majesty, that 'l|iis House has been informed that TliomasjMnir, Esq. who was tried before the IHgh Court of Justiciary at Edinburgh, 'A the month of August last, upon a charpi; of sedition, has been con- demned andisentenced to be transported beyond seassfor tiie space of fourteen years ; and lurther to represent to his Majesty, that| this House intends to pro- ceed without jdelay to examine the cir- cumstances ilf such condemnation and of such senteice ; and therefore humbly to beseech hiAMujesty, that the said Tho- mas Muir, Est, may nut be transported beyond seas, luitil this House shall have had sul}icienlti\ie to make such examina- tion. \^ Which being bbjeclcd to, after debate, The question \eing put thereupon, it was resolved in thV negative. Tellers— Earl ^anhope and Earl of Stair. Content, 1 Not^ontents, 49. Whereupon a proti^ was entered on the Journals by Earl St^iopc. HOUSE OF C0M.M0N8, FEB.V4, 1794. Mr. Adam (now the veneVuble Lord Chief Commissioner of the JurJUCourt in Scotland) rose and stated, tha^s^ Thursday next, he would feel it his dut^ to bring under the consideration of the House the proceedings of the High Court of Justiciary in Scotland, in reference to the case of Thomas Muir the younger of Huntershill. Mr. Eox stated, that he considered the sentence of Messrs. Muir and Palmer as illegal and abhorrent of the principles of justice. Mr. Sheuijdan said, it was very confi- dentially reported, ihat although sentence was passed, yet there was good reason for believing thai a sentence so abhorrent to the very spirit of onr law, a sentence which no man in the House would dare to vindicate if applies' to a similar oflence in England — would not be carried into execution. That lending a book (which was the case of Mr. Muir) should sub- ject a man to transportation like a felon for fourtn Ueing put thereupon, it n tl* negative, arl ^anhopc and Earl of — Not ^ontents, 49. 1 a prnt^ was entered on ly Earl Stimiope. :OMMON'S, FKI).V4, 1794. (now the veneStble Lord lisbioner of the JurJUCourt rose and stated, thS^s^ it, he would feel it his dut) :r the consideration of the >ceedingsof the High Court n Scotland, in reference to honias Muir the younger of ;ated, that he considered the Messrs. Aluir and Palmer as horrent of the principles of DAN said, it was very confi- irted, ihut although sentence it there was good reason for i a sentence so abhorrent to -it of our law, a sentence 1 in the House would dare f applied to u similar oflence -would not be carried into That lending a book (which of Mr. Muir) should sub> i transportation like a felon years, would be tiiouyh to lie of l/iii eounlry in urmt, attempted to make the law le law of England (but they icy would find it a sufficient felt their heads. " They THOMAS MUIK. bi V. charge us," laid Mr. Sheridan, " with making a party question of this, when we ought to have ap|ili"d to the fountain of mercy." 1 know what mercy was shewn them before we made any question on the subject. I speak with some informa- tion ; 1 have seen those unfortunate vic- tims — I have visited them in those loath- some hulks, where they were confined among common felons, not indeed with irons upon them, but with irons recently taken oil", separated from each other, de- prived of the comfort of conversing, and that on a pretence that there was danger of sedition in this society — that two impri- soned men coidd create an insurrection. — " I saw these gentlemen, and I boast of it ; for whatever may be the feelings of some, 1 shall always be ])roud to countenance whomsoever I conceive to be suffering under oppression." MAllCH 10. 1794. Mr. Adam began at five o'clock a speech of three hours and a half, which displayed great extent of historical and legal information. In conc'.nding, Mr. Adam said, that substantial justice has not been dcme to this gentleman ; and if we have either the feelings or the hearts of men, we will not depart the House this night without an Address to the Throne for mercy. One great objection to the fairness of his trial was, that which related to his Jury. A Society was formed in Scotland, at Goldsmiths' Hall, resembling that at the Crown and An- chor, in consequence of the institution of certain Societies called Friends of the People, of the publication of Paine's -4iiK'''8 of Man, &c. — Of the Friends of the People, he should content himself with saying, that though many respected friends of his were advocates for a Re- form of the Representation of the people in Parliament, he had no opinion in common with them on the subject ; and of Paine's Rights of Man he should only say, that he had been favoured with the reproach, in company with two Right Hon. Gentlemen over the way, for hav- ing disapproved of his doctrines. This Society at Goldsmiths' Hall had repro- bated in severe terms Paine's book, and had excluded Mr. Muir from their society on account of his approving of that book. Gentlemen of this Society were the Jury, and an objection was made by Mr. Muir, a strong, a valid objection, that they were prejudiced men, had declared their pre- judice, and had acted upon it. It was an objection common to the law of Scot- land. There was a memorable instance in the trial of Lord Balmeriiio in the year 1G3I. He objected to Lord .\Ia- rishal nnil Lord Dunifrics, as having ex- pressed themselves in his disfivonr, and lie put them to their oath — they took it. He made the same objection to Lord Ul.uityrc, who refused to take the oath of his not having iipoken to his disfavour, and he was rejected. Now, with a pre- ccdeul so strictly in point, when they saw the Lord Justice Clerk repel the objec- tion, because, forsooth, it would go far to exclude every man who had taken the oaths to Government — Good God 1 what must be the feelings of mankind on see- ing so little regard paid to the decency of justice, and the fate of a fellow-crea- ture I The men who had declared Mr. Muir to be seditious, and who had acted so far against him as to exclude him a society, were yet held to be fair jurors ! The treatment in regard to the witnesses was equally hostile to all justice. John Russell, a witness for the defendant, was sentenced to three weeks of imprison- ment, because, at the very commence- ment of his examination, he had nut been able to mention the names of the persons who had spoken to him on the subject of the trial. Mr. Adam shewed the leg<-il distinction between the credibi- lity of a witness and his competency. The Court had no right to withhold the evidence of a witness who was compe- tent, on account of prevarication ; they ought to send it to the Ji^ry, who are to judge of the credit that is due to it ; but here they chose to deprive the prisoner of the evidence of this witness altogether. Another witness, William Muir, who from motives of conscience hesitated at taking an oath, was ordered to be impri- soned for ever I It was monstrous I It was impossible to speak of such an act without horror I Now after this sort of trial they were to consider the most ma- terial part of the whole proceeding, the discretion of the Court in the sentence which they passed on the prisoner. It was with the utmost reluctance that he came to agitate the conduct of a Court of justice in that assembly ; he felt the de- licacy and the difficulty of the subject ; and .he wished that the House had grant- ed, i^hat in his opinion ought yet to be done, the right of appeal, so as to bring these questions forward in a different shape. He had avoided carefully throw- ing forth, till now, any doubt on the sub- ject of their conduct, because he though it right that the question should be exa mined to the bottom, and that before .58 AI'l'INDIX, doubt was liaziir.lt^d, uanilli'UU'ii slioiild lie mad- a".iiiniiilL(l wiili all the lacts upon which it arose. Now that hv liad exii- inint'd ihn whole iirnnpodinpr w'ilh the most anxioii? and attoiitivi- miiul, he nuift gravely derlarc, that he did doiiht anil question the soun iness of their diseretion in the sentence which they had passed. Wh.it was the crime V .Misdemeanour. What was tlie punishment? Transport- ation, the most n<.'sravated and most af- flicting that it could bo. Let fxcntlemen consider what would have been the pun • ishment passed in this country, on a si- milar offence? What would have c\ en been the punishment of Mr. Paine him- self? He mi MAURICE MARGAKOT, Delegate from London to the lirituh Convention, BEFORK THK Illtill COUHT OK JUSTICIAKY AT KDINHrROH, On the 13//i and 14M Jan. 1794, FOR SEDITION. The indictment charged the pannel (de- signated merchant in Marybon, London,) with having been named a delegate by an Association of seditious persons, calling themselves the Corresponding Society of London, and with having co-operated with an illegal Association in Edinburgh, who of late had assumed the designation of " The British Convention of the De- legates of the People, associated to ob- tain Universal Suffrage and Annual Par- liaments," and which illegal association, under the names and designations above mentioned, have been in the practice, during the months of October and No- vember last, as well as in the beginning of the present month of December 1793, of holding various seditious and illegal meetings, at a Mason's lodge, or room, in Blackfriars'-wynd, in the city of Edin- burgh, and elsewhere, to the public pro- secutor unknown ; and which meetings, though held under pretence of procuring a reform in parliament, were evidently of a dangerous and destructive tendency, with a deliberate and determined inten- tion to disturb the peace of the commu- nity, and to subvert the present constitu- tion of the country • with which view they imitated, both in the form and te- nor of their proceedings, that convention of people, the avowed enemies of this country, who at present usurp the go- vernment of France, and with whom Great Britain then was and still is at war : that the said Maurice Margarot, from his arrival in Edinburgh, did, as a delegate from the said Corresponding So:;iety in London, constantly attend the illegal meetings of the above mentioned asso- ciations, and did co-operate with them, on different occasions, and act as preses or chairman of their meetings, and did take an active and distinguished part in their deliberations and proceedings ; and that while the said Maurice Margarot continued to attend the said illegal meet- ings, as a delegate, or officiating in the capacity as president, as above mention- ed, various seditious and intlammatory votes and resolutions were past, some of which he moved, others of which he se- conded, and to .ill of which he gave his concurrence and approbation, by voting for passing the same, Ac. &c. Mr. Margarot, who pled his case per- sonally, took an exception to the absence of the Lord Justice General. " I hold that this Court is not competent to try me. My Lords, I am cited before the Lord Justice General of Scotland, the Lord Justice Clerk, and Lords Commis- sioners of Justiciary. Now we know this is the highest Court in Scotland : we know there is no higher office in Scotland, than that of Lord Justice General, and we know, that if it was an unnecessary post, it would not have ^^OOO a-year' salary annexed to it, and we know that the in- dictment would have run before our Lord Justice General, or Lord Justice Clerk, because we know that the Public Prose- cutor will in this case and in every other, trumpet up much the constitution, and as the constitution of Great Britain is found- ed upon laws, and those laws can only be delivered in words, so the least variation of words in a law, is a total objection to an indictment. My Lords, it may be said there is precedent for it, but it is a fun- damental principle, that no man shall hold out his own laches. Why is hu not here to do his duty ? If this innovation is suf- fered, perhaps the attendance of the Lurd Justice Clerk will be dispensed with, and the attendance of the other judges ; and at last, perhaps, the Clerk of the Court, or e.c.i the Macers, will form the High Court of Justiciary, so that by one devic- tion and another, even the forms of jus- tice will be done away." — This objection was ultimately repelled. The interlocutor of relevancy having been read, Mr. Margarot addressed the Court as follows: — " You will be in- formed, that some of my witnesses live in no MAlilMcr. MAIIC.AUOT. I!:i|:liin(l, tliiit 1 have lind iho <;XL'iil|ia- tiiry li'tlt'is K-rvcd llicrc, vvllli wliat is caili'd a siili|){ persons were absent : — Uuke of Riebmond, Henry Dnndas, William I'itt, Joliii M'liil\re, imd John \Vri}{bt." This also was deemed incompetent, Diid repelled, after a very spirited debate. After witnesses had been examined, Mr. iMarj^arot's declaration was read, in which, to every interrojration put to him, he uniformly deulincd giving any an- swer. The Lord Advocate Dundas of Amis- ton attempted from old authors to define the meaning of sedition. " If," says he, " any set of man let their ostensible pur- pose be a redress of grievances, as in this case, till it assumed the appellation of the British Convention of the Dele- (;ates of the People, associated to obtain Universal Suil'rage and Annual I'arlia- mcnts, as was the case, I say, with the former convention, of which the boy Calder told us just now he had been a member, if their purpose was reform ; yet, if that purpose is not to address the king or the legislature uf the country, in a constitutional way, by petition ; if, on the contrary, they arc aping and imitat- ing the example of a neighbouring coun- try with which we are at war, or if it goes the length of convocatini; thousands of persons who may form these societies, not to apply to King, Lords, and Com- mons, in a proper, legal, and constitu- tional way for redress ; but assumes the power of forming itself into a separate body, or convention, altogether ; if it goes the length of what I will ghovv you, upon a fair review of the evidence, it did in this case, overawing parliament in the execution of its duty ; that in the event of an invasion, or some such similar cir- cumstance, they were not only to control and overawe the proceedings of parlia- ment, but were, in the construction of common sense and reason, to join, in place of resisting, the invaders, for that is the conclusion 1 shall draw from the Evi- dence on the table, in spite of all the de- clarations and professions which came from the associates of the pannel this day at the bar ; if it goes that length, it is dearly and distinctly the crime of sedi- tli)n, as clear and uiie'|iiiMJcal as ever iieenrred in the prui'liee ol any civilized ciiiiiilrN." Mr. .\larearot concluded a very long, ardiKiiis, bnt s|virited defence, with the fnllDwiim lieaulifiil peroration; — "We were to overawe in the lan;iuaj;e of the fiihlio Prnsecntiir ; to overawe the |)ar- liaineiit j to check ihem in their proeeed- iiiiis : so W(! wei'- : bnt how ? by argu- ment, by sound rcasoninir ; as a body of men we could do nolliiii{2 till we had a majority of the nation on onrside. When once the majority of the society is of '(i (li'lfiico, with tlic il pcrnralioii : — " NVo ill llie liiiiLluajre (if tlio ; to (ivi'iaWL- tlie par- . iliem ill liicirproi'ted- : but liow ? by iirjjil- i?as()iiin<; ; as <'"<1 adjudg- isportation beyond the seas jT the space of seven years." 1 immolated at the sacred ty ! Perhaps the finest ex- trial was made by the pri- ately before sentence was n an appeal by him to the Christian charity. B My Lords, I can ap- inscious sincerity, to the r of hearts for the good in- prightness of my conduct, "or many years been em- I dissemination of what I T. I". I'AI.MKH. n.j cAiiceived to be reliijious and moi-d truths, truths which I supposed to he n( the greatest importance to maiiliind. My friends know willi whit ardour I have done this, at the tnt^l snorifirc of all mv worldly intorc^ts ; hut, durintj the IntP great political w. ."-!««Mff*K.-»Ti~-.— •»'" - f L. m w^^ L