Ex Libris 
 C. K. OGDEN
 
 

 
 JLKay. 
 
 * I 'V T\**G
 
 ROBERfSON's EDITION. 
 
 ACCOUNT 
 
 LIVERPOOL 
 
 or THB LIBRARY 
 
 TRIAL 
 
 OF 
 
 THOMAS M U I R, 
 
 YOUNGER, OF.HUNTERSHILL, 
 
 EFORE THE 
 
 HIGH COURT OF JUSTICIARY, AT EDINBURGH, 
 On tie 30th and 318: days of Augujl, 1793* 
 
 FOR 
 
 SEDITION. 
 
 f dfioms prereio grande paticntiae documentum : et ficutvetus attastfidit, quidultimum in 
 tibirtati effet ; ita nos qviid in fenitule, adtmpto per in.juijttianes et loquendi audier.dique 
 commercio. TACITUS. 
 
 ED INBURGH: 
 
 ?BIJ:TED BYJ.RORERTSON, AD SOLD AT HIS OFFICE, 
 
 AND BY H. D. SYMONDS, No. 10, PAXER-XOSTER Row ; AND 
 T, YORK-STREET. Sr, JAMSS'S SQUARE, i.VDCA r -
 
 STACK 
 ANNEX 
 
 
 4ntereD in 
 
 o 
 
 \ 

 
 ) EDINBURGH, September. 16. 1793. 
 SIXTH MONTH OF MY IMPRISONMENT. 
 
 TO THE PUBLIC. 
 
 I HE Publimer makes no apology for the delay of 
 the account of this trial. His object was not to gra- 
 tify the tranSent curiofity of the prefent day, but to 
 prefent to his countrymen the faithful record of a 
 tranfaclion which implicates feme cf their moft ma- 
 terial interefts. Truth and accuracy were what he 
 chiefly ftudied. He wilhes that feveral of his co- 
 temporaries, who have likewife exhibited an account 
 of this trial, had been actuated by the fame principles. 
 
 He is greatly indebted to feveral gentlemen, who 
 liberally furnifhed him with notes of the evidence. 
 In particular, he begs leave to exprefs his warmefl 
 acknowledgements to Mr. Moffat, the friend of. Mr. 
 Muir, who attended him in the court. From the 
 peculiar fituation of the Publisher, if would be im-
 
 t 4 ] 
 
 proper in him to fpeak of Mr. Muir himfelf. It is 
 fufficient to fay, that at his requefl he took the 
 trouble to look over the notes which were taken of 
 the fpeech delivered to the Jury, and he has the au- 
 thority of that gentleman, for declaring, that he be- 
 lieves that the account given of that fpeech, is as 
 accurate as could poffiblybe prefented, of what was, 
 to all, evidently delivered without previous prepara- 
 tion, and entirely regulated by the circumflances 
 which occurred in the courfe of the trial, and which 
 came out in the evidence. 
 
 JAMES ROBERTSON.
 
 TRIAL 
 
 O F 
 
 THOMAS MUIR, Efq; 
 YOUNGER, OF HUNTERSHILL. 
 
 J. HE Members of the Court of Jufticiary aflembled pre- 
 cifely at ten o'clock in the forenoon. Mr. Muir, who had 
 obtained his liberation upon bail, foon afterwards appeared, 
 and placed himfelf at the bar. 
 
 His Majefty's Advocate, for his Majefty's intereft, was 
 then in the ufual form, called againft the Pannel. Mr. 
 Muir was defired by the Lord Juftice Clerk to liften to the 
 Indictment againft him, which was to be read immediately 
 by the Clerk of the Court. Of that Indictment the follow- 
 ing is a true copy. 
 
 " GEORGE \3c. WHEREAS it is humbly meant and 
 complained to us by our right trufty ROBERT DUNDAS, Efq. 
 of Arnifton, our Advocate for our intereft, upon THOMAS 
 MQIR, younger, of Huntermill, THAT, by the laws of 
 this and every other well governed realm, the wickedly 
 A
 
 [ 6 ] 
 
 and felonioufly exciting, by means of SEDITIOUS 
 SPEECHES and HARANGUES, a fpirit of difloyalty and 
 difaffe&ion to the King and the Eilabliftied Government j 
 .MORE ESPECIALLY, when fuch fpecches and harangues 
 are addreffed to Meetings or Convocations of Perfons, brought 
 together by no lawful authority, and uttered by one who is 
 the chief Inftrument of calling together fuch Meetings ; AS 
 ALSO, the wickedly and felonioufly ADVISING and 
 EXHORTING perfons to purchafe and perufe feditious 
 and wicked publications and writings, calculated to pro- 
 duce a fpirit of difloyalty and difaffeclion to the King and 
 Government ; AS ALSO, the wickedly and felonioufly 
 DISTRIBUTING or CIRCULATING any feditious wri- 
 ting or publication of the tendency afore"faid, or the CAU- 
 SING diftribute or circulate any fuch feditious writing or 
 publication : AS ALSO, the wickedly and feloniouily PRO- 
 DUCING and READING ALOUD, in a public meet- 
 ing or convocation of perfons, a feditious and inflammatory 
 writing, tending to produce in the minds of the people a 
 fpirit of infurre&ion and of oppolition to the Eft abli died 
 Government : AND, the PUBLICLY APPROVING of, 
 and RECOMMENDING, in faid meeting, fuch feditious 
 and inflammatory writing, are all and each, or one or other 
 of them, crimes of an heinous nature, dangerous to the 
 public peace, and feverely puni friable : YET TRUE IT 
 IS, AND OF VERITY, that the faid Thomas Muir is 
 guilty actor, art and part, of all and each, or one or other, 
 of the faid crimes, aggravated as aforefaid : IN SO FAR 
 AS on the 3d day of November 1792, or on one or other, 
 of the days of that month, or of October immediately prece- 
 ding, or of December immediately following, the faid 
 Thomas Muir having been prefent at a meeting in the town 
 of Kirkintilloch, pariili of Kirkintilloch, and county of 
 Dumbarton, denominated, ' A Society for Reform,' or 
 bearing fome fuch name ; and alfo, having fometime du- 
 ring the courfe of the faid month of November aforefaid, 
 been prefent at another meeting at Miltoun, parifh of
 
 [ 7 1 
 
 Campfie, and county of Stirling, which meeting was alfo 
 denominated, ' A Society for Reform,' or bore forne fuch 
 name, (and both of- which focieties above-mentioned the 
 iaid Thomas Muir was the chief mean of inilituting and 
 forming) ; he did, at times and places forefuid, with 
 wicked and feditious intention, addrefs and harangue the 
 faid meetings ; in which fpeeches and harangues, the faid 
 Thomas Muir did feditiouily endeavour to ireprefent the Go- 
 vernment of this country as oppreflive and tyrannical, and 
 the Legiilative Body of the {late as venal and corrupt, par- 
 ticularly by inftituting a comparifon between the pretend- 
 ed exifting Government of France and the Conftitution of 
 Great Britain, with refpect to the expences neceffary for 
 carrying on the functions of Government ; he endeavoured 
 to vilify the Monarchical part of the conflitution, and to repre- 
 fent it asufelefs, cumberfome, and expenfive : AT LEAST, 
 the faid Thomas Muir did ufe words and arguments of the 
 above feditious tendency and import. FURTHER, the 
 faid Thomas Muir did, form time during thecourfe of Sep- 
 tember, October, or November 1792, in the town of Glaf- 
 gow in the county of Lanark, Kirkintilloch in the pariih of 
 Kirkintilloch, and cou'ity of Dumbarton, and Miltoun in the 
 pariui of Campfie and county of Stirling aforefaid, and elfe- 
 where, wickedly and feloniouily exhort and advife fevera! 
 pcrfons to purchafe and perufe various feditious pamphlets 
 and writings ; PARTICULARLY, the faid Thomas Muir 
 did, fometime in the months aforefaid, within his father's 
 houfe at Glafgow aforefaid, or fome other place to the 
 Public Profecutor unknown, wickedly and feloniouily ad vile 
 and exhort John Muir fenior, late hatter in Glafgow, Tho- 
 mas Wilfon barber in Glafgow, and John Barclay refiding 
 in the parifh of Calder and county of Lanark, to read Paine V 
 Rights of Man, and to purchafe the fame ; which book or 
 pamphlet entituled, Paine's Rights of Man, is a moll wic- 
 ked and feditious publication, calculated to vilify the Con . 
 ftitution of this country, to produce a fpirit of infurreftion 
 among the people, and to flir them up to acts of outrage and 
 Aij
 
 C 8 ] 
 
 oppofition to the Eftabliflied Government. FURTHER, the 
 faid Thomas Muir did, in the courfe of the months of Sep- 
 tember, Odtober, or November aforefaid, wickedl j and felo- 
 nioufly diftribute and circulate, or caufe to be diflributed 
 and circulated, in the towns of Glafgow, Kirkintilloch, and 
 Miltoun aforefaid, and at Lennoxtoun in the faid parilh of 
 Campfie and county of Stirling, or elfewhere, a number of fe- 
 ditiousand inflammatory writings or pamphlets , particularly 
 a book or pamphet entituled, * The Works of Thomas Paine, 
 
 * Efq;' Alfo, a writing or publication, entituled, ' A De- 
 
 * claration of Rights, and an Addrefs to the People, appro- 
 
 * ved of by a number of the Friends of Reform in Paifley ;' 
 Alfo, a paper or publication entituled, * A Dialogue be- 
 
 * twixt the Governors and the Governed ;' Alfo, a paper 
 or publication, entituled ' The Patriot :' Particularly, the 
 faid Thomas Muir did, fome time in the month of Odober 
 or November aforefaid, at Kirkintilloch aforefaid, or at 
 fome other place to the Public Profecuter unknown, wic- 
 kedly and felonioufly deliver and put into the hands of Hen- 
 ry Freeland weaver in Kirkintilloch a feditious book or 
 pamphlet, entituled, ' The Works of Thomas Paine, Efq;' 
 which the faid Henry Freeland carried away with him ; 
 which book or pamphlet, along with the other wicked, fe- 
 ditious, and inflammatory paflages, contains the following : 
 
 Painis Works, p. 13. * Monarchy is ranked in Scrip- 
 
 * ture as one of the fins of the Jews, for which a curfe in re- 
 ' ferve is denounced againft them. 
 
 P. 20. * In ihort, Moaarchy and fucceffion have laid not 
 
 * this or that kingdom only, but the world, in blood and afli- 
 
 * es ; it is a form of Government which the Word of God 
 
 * bears teftimony againfl, and blood will attend it. 
 
 P. 21 * Why is the Conflitutioa of England fickly, but 
 ' becaufe Monarchy hath poifoned the Republic ? the 
 
 * Crown hath engroffed the Commons. 
 
 * In England a King hath little more to do than to make 
 ' war, and to give away places ; which in plain terms is to 
 
 * impoveriih the nation, and fet it together by the ears. A
 
 L 9 J 
 
 * pretty bufinefs indeed for a man to be allowed eight liun- 
 
 * drecl thoufand pounds Sterling a-year for, and worihipped 
 ' into the bargain ! Of more worth is one honed man to 
 
 * fociety, and in the fight of God, than all the crowned ruf- 
 
 * nans that ever lived. 
 
 P. 78. ' What are the prefent governments in Europe but 
 
 * a fcene of iniquity and opprefiion ! What is that of Eng- 
 ' land ? Do not its own inhabitants fay it is a market 
 
 * where every man has his price, and where corruption is 
 ' common traffick, at the expence of a deluded people ? No 
 ' wonder then that the French Revolution is traduced. 
 
 P. 85. ' But the fecond head, that of a nation eflablifhing 
 ' a particular family with Hereditary powers^ does not prefent 
 
 * itfelf as defpotifm, on the firft reflection ; but, if men will 
 ' permit a fecond reflection to take place, and carry that 
 4 reflection forward but one remove out of their own per- 
 ' fons to that of their offspring, they will then fee that he- 
 ' reditary facceffion becomes in its confequences the fame 
 
 * defpotifm to others which they reprobate it for themfelvcs. 
 
 P. 86. ' It operates to preclude the confent of the fucceed- 
 ' ing generation, and the preclusion of confent is defpotifm. 
 
 Part II. p. 30. * All hereditary government is in its 
 ' nature tyranny. An heritable crown, or an heritable 
 
 * throne, or by whatever fanciful name fuch things may 
 
 * be called, have no other fighificant explanation, 'than that 
 
 * mankind are heritable property. To inherit a govern- 
 ' ment is to inherit the people, as if they were flocks ar.d 
 4 herds. 
 
 P. 51. ' The act called the Bill of Rights comes here 
 ' into view. What is it but a bargain which the parts of 
 ' the government made with each other to divide powers, 
 
 * profits, and privileges ? You lhall have fo much, and I 
 
 * mall have the reft ; and with refpect to the nation, it faid, 
 
 * for yoitrjhare fo\s Jhall have the right of petitioning. This 
 4 being the cafe, the Bill of Rights is more properly a Bill 
 
 * of Wrongs, and of infult. 
 
 P. 54. 4 The attention of the Government of Z-i eland
 
 * (for I rather choofe to call it by this name, than the En- 
 
 * glim Government) appears, iince its political connection 
 
 * with Germany, to have been fo completely engroffed and 
 
 * abforbed by foreign- affairs, and the means of railing 
 
 * taxes, that it feems to exift for no other purpofcs. Do- 
 
 * meftic concerns are neglected ; and with refpect to regu- 
 
 * lar law, there is fcarcely fuch a thing. 
 
 P. 126. ' The time is not very dillant when England 
 
 * will laugh at itfelf for fending to Holland, Hanover, Zel, 
 ' or Brunfwick, for men, at the expence of a million a-year, 
 
 * who underilood neither her laws, her language, nor her 
 
 * intereft, and whofe capacities would fcarcely have fitted 
 
 * them for the office of a parifh conftable. If government 
 
 * could be truiled to fuch hands, it muft be fome eafy and 
 
 * firnple thing indeed, and materials fit for all the pur- 
 
 * pofes may be found in every town and village in England.' 
 
 AND the faid Thomas Muir did, fome time in October or 
 November aforefaid, within his own or his father's houfe 
 at Hunterfhill, in the county of Lanark, or at fome other 
 place to the Public Profecutor unknown, wickedly and fe- 
 lonioufly put into the hands of William Muir, weaver in 
 Kirkintilloch, eleven numbers of a feditious book or pam- 
 phlet, entituled, ' The Patriot,' which the faid William 
 Muir carried away with him, and kept pofieflion of ; and 
 which book, or pamphlet contained among others the fol- 
 lowing feditious paflages : 
 
 Patriot, No. V. p. 168, and 169. ' They have lofl 
 
 * the diftinguifliing character between freemen and Haves ; 
 ' they have lofl the diflinguifhing character of Englifli- 
 
 * men ! They have loft what the moft tyrannical Kings 
 
 * of England would never force from them ! They 
 
 * have, in a great meafure, loft what their forefathers 
 
 * fpent their blood and treafure to defend- the greateft 
 
 * jewel that any people can poflefs their conftitutional and 
 ' natural liberty their birth-right and inheritance derived 
 
 * from God and nature ! They have loft the conftitutional
 
 t ii 3 
 
 ' means of redrefs for all their grievances ! What is it in- 
 4 deed they have not loft by that hated feptennial law, which 
 ' has fettered down the elective power of the people, like 
 ' a dog to a manger, who is only fuffered to go abroad once 
 ' in feven years for an airing !' 
 
 No. FL p. 184, c o? 185. * Roufe then ye Britons ! A- 
 1 wake from the (lumbering flate of apathy in which you have 
 
 * fo long fuffered yourfelves inglorioufly to remain ! Open 
 
 * your eyes to the injuries which have been heaped on you ; 
 
 * and affert your right to have them redrefled. Evince to all 
 ' the world that you are the true descendants and fons of your 
 ' once famed glorious anceflors ; prove yourfelves worthy to 
 4 inherit, in its higheft degree of perfection, that conftiiution 
 4 which they raifed by their valour and cemented with their 
 ' blood : Raife your voice the voice of the people and 
 ' found in the ears of Tyrants, and their abettors, that 
 
 * you will be free, and-you are fo : That voice is the noble, 
 ' the mighty Jifit, which none can, or dare to, attempt to 
 
 * gainfay.' 
 
 No. XI. p. 375 * And what would he (Earl of Cha- 
 
 * tham) have thought, if he had lived to hear people now 
 4 talk of a happy and 'glorious conflitution, evidently 
 ' built upon corruption and fupported by peculation ? And 
 4 what would he have conje&ured, had he feen a procla- 
 4 mation iffued to intimidate and prevent the people from 
 4 exercifing their right of conferring upon, and publilhing 
 4 their grievances ?' 
 
 No. XII. ^.414. 4 But we mould alk, here, what is the 
 
 * difference between a King of England taxing his fubjecls 
 
 * withoutcon fent of Parliament, and taxing them with the 
 4 confent of Parliament, which Parliament the King, or his 
 
 * Minifter, can influence as he pleafes to approve of war or 
 
 * peace, and to vote fnch fupplies as may be required ; no 
 
 * matter how grievous or burdenfome, nor for what bafe or 
 
 * corrupt purpofes they are granted : One would think that 
 
 * the latter method is equally opprejfivej and deferving of 
 
 * reprobation ; for being done with a feeming legality, and
 
 t " ] 
 
 ' under a form and femblance of conjlltutional procedure, 
 ' the people are^made parties to their own oppreffion,. and 
 ' the greateft infults are added to the heavielt injuries.' 
 P. 419. ' Here we fee clearly the origin of the immenfe 
 
 * overgrown landed property of our race of nobles and rich 
 
 * commoners ; a right founded in murder, defolation, ra- 
 ' pine, and profcription of the firft owners and holders of 
 
 * the landed property in this kingdom, among our Saxon, 
 
 * anceflors ; and by this we may eaiily trace the means by 
 
 * which our nobility are at this moment not only in poflef- 
 
 * fefiion of one branch of the legifLture by hereditary claim, 
 ' but by which they have alfo monopolifed, with the addi- 
 
 * tion of a few rich commoners, the majority of voice in tie 
 ' Houfe of Commons, which, fhame to tell, is bare-facedly 
 
 * called the Reprefentation of the People. This we pledge 
 ' ourfelves to prove to the fatisfa&ion of our readers in the 
 ' courfe of this work, and indeed of a few more numbers.' 
 And the faid paper or publication, entituled, * A Decla- 
 
 * ration of Rights, and Addrefs to the People, approved of 
 1 by" a number of the Friends of Reform in Paifley,' diftri- 
 buted and circulated as aforefaid, contained the following 
 paflages : 
 
 Paijley declaration, p. 4. ' I. Being fubjet to the legif- 
 
 * lation of perfons whom other men have placed over you, it is 
 
 * evident you are denied that which is the right of every one, 
 ' and without which none are free. For to be en/laved, is to 
 
 * have no will of your own in the choice of thofe law-makers, 
 ' which have power over your properties, your families, your 
 
 * lives, and liberties. Thofe who have no votes for electing 
 
 * reprefentatives are not free, as the rights of nature, and 
 the principles of our conftitution, require, but are en- 
 
 * flaved to the reprefentatives of thofe who have votes.' 
 
 P. 5. '3. Should you not affociate in your own caufe, and 
 ' with one voice ? the voice of united millions, demand re- 
 
 * form in the national reprefentation. 
 
 P. 8. * 10. But fuch a Parliament cannot be had unlefs we 
 
 * will revert to the firft principles of our conftitution, which
 
 C 13 ] 
 
 * we have fo fhamefully abandoned. A government where 
 
 * the executive and legiflative power meet in a tingle per- 
 
 * fon has no more pretence to freedom ; it is perfect def-. 
 ' potifm ; and the people who fubmit to it are in a ftate of 
 
 * flattery. If te will of the Prince mujl be law, in what 
 
 * manner it is announced, whether the mandate iffue dire&- 
 
 * ly from the throne itfelf, or through the medium of the 
 
 * Houfe of Commons, is a matter of indifference. If that 
 
 * aflembly is no longer the reprefentative of the people, the 
 
 * conftitution is changed. If thofe men who are faid to re- 
 
 * prefent us are only the regijlers of the Royal edicls, the 
 
 * government is degenerated into an abfolute Monarchy. 
 
 * Since electing a Parliament is our only fecurity againft 
 
 * an arbitrary power in the Crown, election itfelf muft be 
 
 * not only the common right, but the common duty, of all 
 
 * the people.' 
 
 P. 15. 'But the evils of long Parliaments are they not 
 ' written in tears and in Hood? And have they left us aught 
 
 * of liberty but the name? With the poor exception, then, of 
 
 * one year of freedom in feven, and that in favour of not 
 ' one-feventh, part of the nation, it is demonftrated that you 
 
 * are conjlantly taxed without being reprefented, and compelled 
 ' to obey laws to which you never gave ajjent. Are not thefe 
 
 * the very definitions of flavery ? And, are you not thus 
 
 * degraded to a level with the very cattle in the field, and 
 
 * the flieep in the fold ; which are a property to thofe who 
 
 * rule over them, and have no power to fay, why are we 
 
 * bought and fold ? why are we yoked and laden with hea- 
 ' vy burdens ? why are wejleeced and led to the {laughter? 
 ' Demand then with one voice, friends and countrymen, 
 4 that {hare in making your own laws to which, by the con- 
 
 * ftitution and the laws of nature, you are entitled ; call 
 
 * for the Bill which would reftore your loft conftitution, 
 ' ar.d recover your ftolen rights ! Purfue the only courfe 
 
 * which can ever effect any confiderable reduction of debts 
 
 * and tas^s, or materially advance the intereft of manufac- 
 " tures and commerce ! In fhort, be free, profperous, and 
 
 B
 
 [ 14 ] 
 
 * happy ! and give your pofterity the fame caufe to revere 
 * your memories, as you have to blefs tkofe progenitors who 
 
 * left you an inheritance in a free conilitution.' 
 
 And the above writing or publication, entituled, ' A 
 
 * Dialogue between the Governors and the Governed,' 
 diflributed and circulated as aforefaid, contained, among 
 others, the following paffage : 
 
 Dialogues. ' Civil Governors. The law enacts that ye 
 be fubmiffive. 
 
 * People. The law is the general iuill, a new order. 
 ' Civil Governors. You will be a rebellious people. 
 
 * People. Nations cannot revolt ; tyrants are the only 
 rebels. 
 
 * Civil Governors. The King is with us, and he com- 
 mands you to fnbmit. 
 
 * People. The Kingly office originates in the people, who 
 ' eleft one of themfelves to execute it for the general good. 
 
 * Kings, therefore, are efTentially indivifible from their na- 
 
 * tions. The King of ours, then, cannot be with you ; you 
 
 * only pofTefs his phantom. And the Military Governors 
 
 * ftepping forward, faid, " The people are timid, let us 
 " menace them, they only obey force. Soldiers, ckaftife 
 " this infoleut rabble." 
 
 * People. Soldiers, you are of our own blood ! Will you 
 
 * ftrike your brothers ? If the people perim, who will main. 
 
 * tain the army ? And the foldiers grounding their arms, 
 
 * faid to their chiefs, " We alfo are the people, we are 
 " the enemies of ." ? Whereupon the EctleftaJK^ 
 
 * cal Governors faid, " There is now but one refource left. 
 " The people are fuperflitious ; we muil frighten them 
 " with the name of God, and of Religion. Our dearly be- 
 *' loved brethren, our children ! God has appointed us to 
 " govern you." 
 
 * People. Produce to us your heavenly powers. 
 
 * Priejis. You muil have faith, reafon will lead you a- 
 tiray. 
 
 ' People. Do you govern then without reafon ?
 
 i 15 ] 
 
 c Prie'h. God ordains peace : Religion prefcribes obe- 
 dience. 
 
 1 People. Peace prefuppofes juflice; obedience has a right 
 1 to know the law it bows to. 
 
 ' Prlejls. Man is only born into this world to fuffer. 
 
 ' People. Do you then fet us the example. 
 
 4 Priejls. Will you live without Gods and without Kings ? 
 
 ' People. We will live without Tyrants, without Im- 
 porters/ 
 
 FURTHER, the faid Thomas Muir having, upon the nth, 
 1 2th, or 1 3th days of December 1792, or on one or other 
 of the days of that month, been prefent at a meeting calling 
 itfelf ' The Convention of Delegates of the Affociated 
 ' Fiierds of the People,' or alTuming fome fuch name; 
 which meeting was held in a room commonly called Lau- 
 rie's Room, in James's Court, in the City of Edinburgh, 
 he did then and there, with a wicked and feditious defign, 
 produce, and read aloud to the faid meeting, a writing or 
 paper, entituled, ' Addrefs from the Society of United 
 
 * Irifhmen in Dublin, to the Delegates for promoting a 
 ' Reform in Scotland/ Which writing or paper was of a 
 moft inflammatory and feditious tendency, falfely and infi- 
 dioufly reprefanting the I rim and Scotch nations as in a 
 Hate of downright oppreflion, and exciting the people re- 
 bellioufly to rife up and oppofe the government. And 
 which paper or writing, among other paffages, contained 
 the following : 
 
 P. i. ' We take the liberty of addreffing you inthefpiritof 
 
 * civic-union, in the fellowfhip of a juft and common caufe. 
 
 * We greatly rejoice that the fpirit of freedom moves over 
 
 * the furface of Scotland, that light feems to break from 
 
 * the chaos of her internal government, and that a country 
 
 * fo refpeclable for her attainments in fcience, in arts, and 
 
 * in arms, for men of literary eminence, for the intelligence 
 
 * and morality of her people, now ats from a conviction 
 
 * of the union between virtue, letters, and liberty ; and 
 
 Bij
 
 C 16 3 
 
 * now rifes to diflin&ion, not by a calm, contented, fecret 
 
 * wifh for a reform in Parliament, but by openly, a&ively, 
 ' and urgently willing it, with the unity and energy of an 
 
 * embodied nation. We rejoice that you do not confider 
 
 * yourfelves as merged and melted down into another coun- 
 
 * try, but that in this great national queftion you are ftill 
 ' Scotland.' Alfo, 
 
 * We will lay open to you our hearts : Our caufe is your 
 
 * caufe. If there is to be a flruggle between us, let it be, 
 
 * which nation mall be foremoft in the race of mind. Let 
 
 * this be the noble animofity kindled between us, who fhall 
 ' firft attain that free conflitution from which both are 
 
 * equi-diftant, Who fhall firfl be the faviour of the empire. 
 
 * The fenfe of both countries, with refpecl: to the intole- 
 
 * rable abufes of the conftitution, has been clearly manifeft- 
 ' ed, and proves that our political fituations are not diffi- 
 
 * milar, that our rights and wrongs are the fame.' Alfo, 
 
 * We will not be the dupes of fuch ignoble artifices. 
 
 * We fee this fcheme, of ftrengthening political persecution 
 ' and ftate inquifition, by a frefli infufion of religious fana- 
 
 * ticifm. But we will unite, and we will be free. Uni- 
 
 * verfal emancipation, with reprefentative legiflature, is 
 
 * the polar principle which guides our Society, and fhall 
 
 * guide it, through all the tumult of factions, and flu&ua- 
 
 * tions of parties. It is not upon a coalition of Oppofition 
 
 * with Miniftry that we depend, but upon a coalition of 
 
 * Irifhmen with Irimmen ; and in that coalition alone we 
 
 * find an objeft worthy of reform, and, at the fame time, 
 ' the ftrength and finew both to attain and fecure it. It is 
 
 * not upon external circumftances, upon the pledge of man 
 
 * or minifler, we depend, but upon the internal energy of 
 
 * the Irifti nation. We will not buy or borrow libertj 
 
 * from America or from France, but manufacture it for 
 
 * ourfelves, and work it up with thofe materials which the 
 
 * hearts of Iriihmen furniih them with at home. We do 
 
 * not worfhip the Britifh, far leis the Irifh conftitution, as 
 
 * fent down from heaven ; but we confider it as humaa
 
 [ I? j 
 
 * workmanfhip, which man has made, and man can mend- 
 
 * An unalterable conftitution, whatever be its nature, muft 
 
 * be defpotifm. It is not the conftitution, but the people, 
 
 * which ought to be inviolable ; and it is time to recognife 
 
 * and renovate the rights of the Englilh, the Scotch, and 
 
 * the Irifli nations. Alfo, 
 
 * You have our ideas anfwer us, and that quickly. 
 
 * This is not a time to procraftinate. Your illuftrious 
 
 * Fletcher has faid, that the liberties of a people are not to 
 
 * be fecured without pafling through great difficulties ; and 
 
 * no toil or labour ought to be declined to preferve a na- 
 
 * tion from flaver y. He fpoke well ; and we add, that it is 
 
 * incumbent on every nation who adventures into a conflict 
 
 * for freedom, to remember, it is on the event (however 
 ' abfurdly^ depends the eftimation of public opinion ; ho- 
 
 * nour and immortality, if fortunate ; if otherwife, infamy 
 
 * and oblivion. Let this check the rafhnefs that rulhes un- 
 
 * advifedly into the Committee, of national character j or, 
 
 * if that be already made, let the fame confideration impel 
 
 * us with a&ive, not paffive perfeverance, with manly con- 
 
 * fidence, and calm determination, f-miling with equal fconi 
 
 * at the blufter of official arrogance, and the whifpers of 
 
 * private malevolence, until we have planted the flag of 
 
 * freedom on the fummit, and are at once victorious and 
 ' fecure. 
 
 ' M l Alifter % 102. Graf ton Street, Printer. 
 
 WHICH feditious paper or writing, containing, among o- 
 thers, the above paffages, the faid Thomas Muir did, im- 
 mediately thereafter, wickedly and felonioufly, propofe 
 ihould be received, and lie on the table of the faid Meet- 
 ing ; and did alfo move, that the thanks of the Meeting, 
 or fome acknowledgment, fhould be returned to thofe from, 
 whom the forefaid paper or addrefs came. AND MORE- 
 OVER, the faid Thomas Muir did, then and there, wic- 
 kedly and felonioufly exprefs his approbation of the fenti-
 
 r i i 
 
 ments contained in the faid paper or addrefs, or, at icr.i., 
 did declare, that it was altogether harmlefs, or ufed word> 
 and expremons of a finailar import, notwithstanding tha? 
 many of thofe who were-prefent at the forefaid meeting did 
 oppcfe and objet to the forefaid paper or addrefs being read, 
 or allowed to lie on the table, or in anj fhape acknowledg- 
 ed by the faid Meeting. AND the faid Thomas Muir 
 having been brought before John Pringle, Efq; our She- 
 riff-depute of the county of Edinburgh, upon the 2d day of 
 January 1793, did, in his prefence, emit and fign a decla- 
 ration : but immediately thereafter, the faid Thomas Muir, 
 confcious of his guilt in the premifes, did, in order to e- 
 vade punifhinent, abfcond and leave the kingdom ; and ha- 
 ving been indicled at the inftance of our Advocate, for our 
 intereft, to Hand trial before the High Court of Jufticiary, 
 upon the nth day of February lail, the diet was after- 
 wards continued to the ijth of that month, to give him the 
 better opportunity of appearing, if he was fo difpofed ; but 
 the faid Thomas Muir having notwithftanding failed to ap- 
 pear, he was, on the 25 tli of February laft, fugitate by a 
 fentence of the faid High Court. AND the faid Thomas 
 Muir having lately, in a private and clandestine manner, 
 come into this Country, by the way of Ireland, he was 
 difcovered at Portpatrick, apprehended, and committed 
 prifoner to the tolboothof Stranraer, in the county of Wig- 
 ton, on the 30th, or fome other day in the month of July 
 laft ; and, at fanie time, iundry papers found in his poflef- 
 fion were, together with his pocket-book, fealed up in the 
 prefence of William Rofs, Efq; one of o'ur Juftices of Peace 
 for the mire of Wigton, under the feals of the faid Thomas 
 Muir and the town feal of Stranraer. AND the faid Tho- 
 mas Muir having been afterwards tranfmitted to Edinburgh, 
 by warrant of our High Court of Jufticiary, alongft with 
 the faid pocket-book and papers, the fealed parcel contain- 
 ing the fame was opened in prefence cf him, the faid 
 Thomas Muir, and Harry Davidfon, Efq; SherhT-fubfti- 
 tute of the county of Edinburgh, upon the loth day of
 
 [ 19 I 
 
 Auguft current, the feals having been previoufly infpefted 
 by the faid Thomas Muir, and declared bj him to be en- 
 tire, and-an inventory of the contents thereof v. r as made, 
 and figned by the faid Thomas Muir and Harry Davidfo i, 
 and others then prefent. AND the above mentioned decla- 
 ration, emitted by the faid Thomas Muir before the She- 
 riff-depute of Edinburgh upon the 2d of January i'/93, to- 
 gether with a copy of ' Paine's Works,' recommended and 
 circulated us aforefaid ; as alfo, a copy of the faid * Decla- 
 4 ration of Rights, and an Addrefs to the People, approved 
 
 * of by a number of the FKends of Reform in Paifley,' cir- 
 culated as aforefaid ; as alfo, a copy of the ' Dialogue be- 
 
 * tween the Governors and the Governed,' circulated as a- 
 fo re find ; as alfo a copy of ' The Patriot,' circulated as a- 
 forefaid ; as alfo, a copy of * the Addrefs from the Society 
 ' of United Iriihmen in Dublin,' to the Delegates for pro- 
 
 * moting a Reform in Scotland,' produced, read, and ap- 
 proved of by the faid Thomas Muir, in manner forefaid, 
 and attefted by the fubfcriptions of James Denholm, James 
 Campbell, and others ; and alfo, a book, entituled, * The 
 
 * Book of the Records of the Aflbciation of the Friends of 
 
 * the Conflitution and of the People of Kirkintilloch, vo- 
 . * lume ift, Entered at Kirkintilloch, November 1792;' 
 
 and alfo the forefaid inventory, made up before the faid 
 Thomas Muir and the SherifF-fubilitute of Edinburgh, upon 
 the faid loth day of Auguft current, with the whole ar- 
 ticles and papers therein contained and referred to, will all 
 be ufed in evidence againft the faid Thomas Muir, and will 
 for that purpofe in due time be lodged with the Clerk of 
 the High Court of Juftieiary, before which he is to be tried, 
 that he may have an opportunity of feeing the fame. AT 
 LEAST, times and places above mentioned, the faid fedi- 
 tious fpeeches and harrangues were uttered, the faid fedi- 
 tious books or pamphlets recommended to bepurchafed and 
 per ufed, the faid fcditious books or pamphlets circulated 
 and diftributed, as aforefaid, and the faid wicked and in- 
 flammatory addrefs produced, read, recommended, and arj-
 
 C 20 3 
 
 proved of, in manner above mentioned; and the faid Tho- 
 mas Muir is guilty aftor, or art and part, of all and each, 
 or one or other of the forefaid crimes. ALL WHICH, or 
 part thereof, being found proven, by the verdict of an af- 
 fize, before our Lord Juftice General, Lord Juftice Clerk, 
 and Lords Commiflioners of Jufticiary, in a Court of Jufti- 
 , ciary to be holden by them within the Criminal Court- 
 houfe of Edinburgh, the faid Thomas Muir OUGHT to be 
 punilhed with the pains of law, to deter others from corn- 
 fitting the like crimes in all time coming. 
 
 JL 1ST
 
 LIST OF WITNESSES. 
 
 1. John Brown, weaver at Lennoxtoun, in the parifli of 
 
 Campiie, and county of Stirling. 
 
 2. John Speir, weaver at Lennoxtoun aforefaid. 
 
 5. William Robertfon, excife-officcr at Lennoxtoun afore- 
 faid. 
 
 4. Francis Clark, callico printer at Lennox Mill, parifh 
 
 and county aforefaid. 
 
 5. Alexander Johnfton, bleacher at Kincaid Printfield, in 
 
 parifh of Campfie aforefaid. 
 
 6. Henry Freeland, weaver in Kirkintilloch. 
 
 7. William Muir, weaver in Kirkintilloch. 
 
 8. John Scot, wright in Kirkintilloch. 
 
 9. Robert Weddel, weaver in Kirkintilloch. 
 
 10. James Baird, hotter in Kirkintilloch. 
 
 11. The Rev. Mr. William Dunn, minifter of Kirkintil- 
 
 loch. 
 
 12. John Scott, weaver in Townhead of Kirkintilloch. 
 
 13. William Knox, weaver there. 
 
 14. James Muir, ftudent of divinity refiding at Campfie. 
 
 I j. Anne Fiftier fervant, or late fervant, to Mr. John Car- 
 lifle, collector of the cefs in Glafgow. 
 
 1 6. Thomas Wilfon, barber in Glafgow. 
 
 17. William Reid, bookfeller and ftationer in Glafgow. 
 
 1 8. James Brafh, bookfeller and ftationer there. 
 
 19. David Blair, manufacturer in Glafgow. 
 
 20. John Muir, fenior, late hat-manufadurer, prefentlyre- 
 
 fiding in Glafgow. 
 
 21. John Barclay, refiding in the pariih of Calder, in the 
 
 county of Lanark, and one of the elders of the faid 
 parifli. 
 
 22. The Reverend Mr. James Lapflie, minifter of Campfie- 
 
 23. James Campbell, writer to the fignet. 
 
 C
 
 C J 
 
 24. James Denholm, writer in Edinburgh, 
 
 25. Hugh Be)l, brewer in Edinburgh. 
 
 36. John Buchanan, baker in Canongate of Edinburgh'. 
 
 27. Mr. John Morthland, advocate. 
 
 28. \Villiam Skirving of Strathruddie, refiding in Edin-- 
 
 burgh. 
 
 29. Lieutenant- Colonel William Dalrymple of For dell. 
 
 30. Mr. Robert Forfyth, advocate. 
 
 31. Richard Fawlcr, fludent of medicine, refiding, or lately 
 
 refiding yi Edinburgh. 
 
 32. John Pringle, Efq; Sheriff-depute of the county of E- 
 
 riinburgh. 
 
 33. William Scott, folichor-at-law, and procurator-fifcal of 
 
 the faid county of Edinburgh. 
 34 Jofeph Mack, writer in Edinburgh. 
 
 35. Sir James Colquhoun of Lufs, Baronet, Sheriff-depute 
 
 of the mire of Dunbarton. 
 
 36. William Honyman, Efq; Sheriff. depute of the mire of 
 
 Lanark. 
 
 37. Harry Davidfon, Efq; Sheriff-fubilitute of the county 
 
 of Edinburgh. 
 
 38. George Williamfon, meffenger in Edinburgh. 
 
 39 Mr Ja.nes Carmichael, commander of the Juftice hulk, 
 in the fervice of the Board of Cuftoms. 
 
 40. William Rofs, Efq; one of the Juftices of Peace for the- 
 county of Wigton. 
 
 list
 
 LIST OF ASSIZE. 
 
 Sir John Clerk, of Pennycuick, Baronet. 
 
 Sir Wiiliam Dick, of Preftonfield, Baronet. 
 
 Sir John Inglis, of Cramond, Baronet. 
 
 Sir Archibald Hope, of Craighall, Baronet. 
 
 Sir James Fowlis, of Collingtfcn, Baronet. 
 
 Sir Philip Ainflie, of Comley-Bank. 
 
 Charles Watfon, of Saughton. 
 
 James Forreft, of Comiflon. 
 
 Thomas Craig, of Riccarton. 
 lo Captain John Inglis, of Auchindinny. 
 
 John Wauchope, of Edmonftone. 
 
 John Balfour younger, of Pilrig. 
 
 David Johnfton, of Bavelaw, 
 
 John Davie, of Gavilide. 
 15 Andrew Wauchope, of N iddry Marifhal, 
 
 John Trotter, of Mortonhall. 
 
 Gilbert Innes, of Stow. 
 
 John Davidfon, of Ravelrigg. 
 
 James Rocheid, of Inverleith. 
 go John Newton, of Curriehill. 
 
 James Calderwood Durham, of Polton. 
 
 Thomas Wright, of Greenhill. . 
 
 James Gillefpie, of Spyelaw. 
 
 Thomas Sirewright, of South-houfe. 
 25 James Kerr, of Woodburn. 
 
 John Alves, of Dalkeith, portioner. 
 
 Patrick Pridie, hatter in Edinburgh. 
 
 Thomas Brown, bookfeller there. 
 
 Andrew Smith, perfumer there. 
 30 James Charles, holier there. 
 
 Alexander Inglis, merchant there. 
 
 William Pattifon, merchant there, 
 Cij
 
 William Cooper, upholfterer there,. 
 
 Andrew Ramfay, {later there. 
 35 Thomas Duncan, bookfeller there. 
 
 William Dalrymple, merchant there, 
 
 Francis Buchan, merchant there. 
 
 James Mansfield, banker there. 
 
 Donald Smith, banker there. 
 40 James Dickfon, bookfeller there. 
 
 Samuel Paterfon, merchant there, 
 
 George Kinnear, banker there. 
 
 Andrew Forbes, merchant there. 
 
 John Horner, merchant there. 
 45 Alexander Wallace, banker there. 
 
 W M . NAIRNE. 
 
 ALEX. ABERCROMBY, 
 
 JOHN SWINTON. 
 
 To this indictment, Mr. Muir pleaded, Not Guilty. Het 
 was then afked by the Lord Juilice Clerk, if he had any ob^ 
 jeions to the relevancy of the charges which 'it contained. 
 Mr. Muir replied that he had uniformly confidered the Jury 
 as the only judges of the law and of the fact ; and that, in this 
 ftage of the trial, he would plead upon no point, which 
 might preclude the determination of the Jury, by a previ-i 
 ous decifion of the Court. 
 
 IN point of form, it is required in Scotland, that the 
 perfon accufed fhould communicate upon the evening pre- 
 ceding the trial, in writing the fubftance of his defence 
 with a lift of the witnefles intended to be adduced in excul- 
 pation. Mr. Muir had complied with this rule, and the 
 Clerk of Court read the following deffences :
 
 DEFENCES. 
 
 THE Criminal Libel is falfe and injurious ; fo far from 
 exciting the people to riot and infurrection, it can eafily be 
 proved, by a numerous lift of witnefies, that, upon every 
 occaiion, the pannel exhorted them to purfue meafures mo- 
 derate, legal, peaceable, and conftitutional. The charge 
 of diflributing feditious publications, and of advifing the 
 people to read them, is equally falfe and calumnious. The 
 pannel admits, that on the great national queftion, con- 
 cerning an equal reprefentation of the People in the Houfe 
 of Commons, he exerted every effort to procure in that 
 Houfe, a full, fair, and equal reprefentation of the people, 
 as he confidered it to be a meafure, (and Hill does,) the 
 raoft falutary for the intereft of his Country. But the pan- 
 nel offers to prove, that as he confidered the information of 
 the People to be the chief thing requifite to accomplifh this 
 great object, he uniformly advifed them to read every pu- 
 blication, upon either fide, which the important queflion of 
 Parliamentary Reform had occafioned. 
 
 Annexed are a lift of witnefies in exculpation. 
 
 JJnder proteftation to add and eik. 
 
 (Signed) THOMAS MtfiR, 
 
 LIST of WITNESSES, adduced In Exculpation, 
 
 William Riddle, baker in Glafgow. 
 
 John Hamilton, manufacturer, St. Andrew's Square, 
 
 Glafgow. 
 
 David Dale, jun. manufacturer there. 
 Bafil Ronald of Broomlone, glover in Glafgow. 
 Alexander Park, writer in Glafgow. 
 George Waddel, manufacturer in Glafgow. 
 George RufTel, merchant in Gallowgate, Glafgow. 
 John Brock, manufacturer in Glafgow. 
 John Wilfon, fhoemaker in Gorbals of Glafgow.
 
 [ ,6 ] 
 
 John Lockhart, mafon there. 
 
 Walter Hart, heritor in Tradeflown, Glafgow. 
 
 Hugh Moodic, fpirit dealer in Glafgow. 
 
 James Cooper, flaoemaker, Glafgow. 
 
 John Gray, manufa&urer, Glafgow. 
 
 Daniel M'Arthur, one of the mailers of the grammar- 
 fchool, Glafgow^ 
 
 James Richardfon, fen. merchant, Glafgow. 
 
 William Clydefdale, cabinet-maker there. 
 
 John Tennant, brewer there. 
 
 George Bell, jun. manufacturer there. 
 
 George Stayley, manufa&urer in Balmanno Street, Glaf- 
 gow. 
 
 Robert M'Kinlaj, priat-cutter in Mr. Fulton's employ, 
 ment, near Paifley. 
 
 William Orr, jun. manufacturer in Paifley. 
 
 James Craig, manufacturer, Water Brae, Paifley. 
 
 James Gemmel, merchant, Storie Street, Paifley. 
 
 William Muir, Fifherrow, Paifley. 
 
 Hamilton Ballantyne, Storie Street, Paifley. 
 
 James Muir, weaver, Shuttle Street, Paifley. 
 
 John Buchannan, foreman at Kincaid Printfield, in the 
 parilh of Campfie, 
 
 Robert Honarie, printer there. 
 
 Patrick Horn, printer there. 
 
 Smollet M'Lintock, block-cutter there. 
 
 William Henry, of Borrowflown parifh, Baldernock. 
 
 James M'Gibbon, printer, at Kincaid printfield. 
 
 John Freeland, diftiller in Kirkintilloch. 
 
 Andrew Rochead, younger of Duntiblaemill, parifh of 
 Kirkintilloch. 
 
 Robert Boak, furgeon in Kirkintilloch. 
 
 John Edmond, print-cutter, Kincaid printfield. 
 
 Robert Millar, weaver in Cambanflang. 
 
 The Rev. Mr. William Dunn, minifter of Kirkintilloch. 
 
 David Wallace, late fervant to James Muir, of Hunterf- 
 hill, now to James Stark of Adamflie.
 
 [ * 7 J 
 
 Robert Scott, weaver in Kirkintilloch. 
 
 Archibald Binnie, type-founder, Edinburgh, 
 
 Charles Salter, brewer in Edinburgh. 
 
 Peter Wood, teacher in Portfburgh. 
 
 John Buchannan, ^baker in Canongate. 
 
 Bell, tobacconifl, Canongate. 
 
 William Skirving, Edinburgh. 
 
 Maurice Thomfon, ftarch-maker there. 
 
 Andrew Wilfon, brewer in Portfburgh. 
 
 John Smith, weaver, Lothian Road. 
 
 Peter Hardie, brewer in Portfburgh. 
 
 Col. William Dalrymple, of Fordel. 
 
 William Johnfton, Efq; Edinburgh. 
 
 The Pvight Hon. Lord Daer. 
 
 Newton, reliding St. Patrick's Square, Edinburgh. 
 
 The following Interlocutor was then pronounced by the 
 Court upon the relevancy. 
 
 " The Lord Juflice Clerk, and Lords Commiffioners of 
 " Jufticiary, having confidered the criminal libel, raifed 
 " and purfued at the inftance of Robert Dundas, Efq; of 
 *' Arnifton, his Majefty's Advocate, for his Majefty's in- 
 " terefl, againll the faid Thomas Muir, pannel, they find 
 " the Lbel relevant to infer the pains of law, but allow the 
 " pannel to prove all fads and circumflances that may tend 
 " to exculpate him, or alleviate his guilt ; and remit the 
 " pannel with the libel, as found relevant, to the know- 
 " ledge of an Affize."
 
 ASSIZE. 
 
 Sir James Foulls of Collinton. 
 
 Capf&in John Inglis of Auchindinny. 
 
 John Wauchope of Edmonfton. 
 
 John Balfour, younger of Pilrig. 
 5 Andrew Wauchope of Niddry-MarifhalL 
 
 John Trotter of Morton-Hall. 
 
 Gilbert Innes of Stow. 
 
 James Rochead of Inverleith. 
 
 John-Alves of Dalkeith, Portioned 
 10 William Dalrymple, merchant, Edin. 
 
 Donald Smith, banker, Edin. 
 
 James Dickfon, bookfeller, Edin. 
 
 George Kinnear, banker, Edin. 
 
 Andrew Forbes, merchant, Edin. 
 15 John Horner, merchant, Edin. 
 
 Immediately afterwards the Lord Jullice Clerk, afked 
 Mr. Muir, if he had any thing further to ftate, in fupport 
 of thefe defences, as in the further courfe of the trial, he 
 would be precluded from adducing any thing extraneous. 
 
 Mr. Muir then rofe up and faid, according to the rule of 
 court, I have the evening before this day, communicated 
 to the public profecutor the fubftance of my defence in writ- 
 ing. The truth of every word in that defence, I mail flrong- 
 ly prove before I leave this bar. I admit that I exerted e- 
 very effort, to procure a more equal representation of the 
 People in the Houfe of Commons. If that be a cr.ime, I 
 plead guilty to the charge. I acknowledge that I confidor- 
 ed the caufe of Parliamentary Reform to be effential to the 
 falvation of my Country : But I deny that I ever advifed
 
 t *9 1 
 
 the People to attempt to accompli:Ti that great ob?e&, by 
 any means which the conftitution did not iandion. I grant 
 that I advifed the people, to read different publications 
 upon both fides, which this great national queftion had ex- 
 cited, and I am not afhamed to aflign my motives. I con- 
 fider the ignorance of the people, on the one hand, to be the 
 fource from which defpotifm flows. I confider, upon the o- 
 ther hand, an ignorant people, iniprelTed with a fenfe of 
 grievances, and wilhing to ha vethefe grievances redrefled, to 
 be expofed to certain mifery and to complete ruin. KNOW- 
 LEDGE muft always precede REFORMATION, and who 
 ihall DARE to fay that the PEOPLE mould be debarred 
 from INFORMATION, where it concerns them 10 materi- 
 ally ? I am accufed of fedition ; and yet, I can prove by 
 rthoufands of witneffes, that I warned the people of the 
 danger of that crime, exhorted them to adopt none but mea- 
 fures which were conftitutional, and intre.ated them, to connect 
 liberty with knowledge, and both with morality. This is 
 what I can prove. If thefe are crimes, I am guilty. 
 
 CAPTAIN INGLIS, before being fworn, mentioned that he 
 was a fervant of Government ; that he underflood Mr. 
 Muir was accufed of a crime againft Government ; and 
 that he did not confider it as proper, that Mr. Muir fhould 
 be tried by a Jury compofed of fervants of Government ; 
 that his mind felt fcrupulous, laboured under much anxie- 
 ty, and he begged leave to decline being a Juryman. Cap- 
 tain Inglis was informed by the Court, that there was no 
 impropriety in his being a Juryman, although belonging 
 to the fervice of Government. 
 
 The Lord Juftice Clerk, in the ufual form, aiked Mr. 
 Muir, if he had any objections to ftate to the firft five gen- 
 tlemen, whofe names he had feleded from the lift of aiuze. 
 
 Mr. MUIR faid : Of thefe gentlemen I have no perfonal 
 
 knowledge. Their fituations in life are refpe&able, and I 
 
 believe them to be men of truth, and of honour ; yet my 
 
 Situation and theirs is fo peculiar, that I am obliged to ob- 
 
 D
 
 I 3 ] 
 
 jedl to them being upon this Jury. The queflion of Par* 
 liamentary Reform has agitated deeply, in proportion to 
 its magnitude, the minds of men in this country ; different 
 opinions have been adopted, and different parties have been 
 formed. Thefe gentlemen belong to an aflbciafion which 
 aflembled in Goldfmith's Hall, calling themfelves the 
 Friends of the Conflitution, united to fupport it againft 
 Republicans and Levellers, and expreffing their zeal to fup- 
 prefs tumult and fedition. I belong to the afibciation of 
 the Friends of the People. Viewing a reform in the re- 
 prefentation of the people as a meafure the mofl conducive 
 to the (lability of the conflitution, and to the felicity of the 
 people, we united our common exertions, by legal mea- 
 fures, to accompHfh that object. 
 
 To the conflitution, in its genuine principles, we have fo- 
 lemnly pledged ourfelves Never have we profefled to be its 
 enemies, yet the aflbciation in Goldfmith's Hall, by a delibe- 
 rate and public acl: of their's, have declared, that we were the 
 enemies of the conflitution. Equally zealous in our declara- 
 tions to the world in our reprobating riot and fedition ; and 
 fincere in our hearts, that aflbciation has denounced us to 
 this country, as attempting to kindle the torch of civil 
 war, and to lay it in blood and in deflrution. The fact 
 upon which I found this charge is notorious, and cannot 
 be denied. A Convention of Delegates, from all the So- 
 cieties of the Friends of the People in Scotland, aflembled 
 in this city, upon the nth day of December laft. Of this 
 Gonvention I had the honour of being a member. The con- 
 vention accorded with the aflbciation in Goldfmith's Hall, 
 in their zeal to fupport the conflitution, in their abhor- 
 rence of fedition, and in their determination to concur with 
 good citizens in the fupprefSon of riot and of tumult. To 
 teflify then to this aflbciation, their principles and their 
 object, the Convention ordered a number of its members to 
 repair to their Hall, and to fubfcribe the book which they 
 had opened, of adherence to the conflitution. In this num- 
 ber I was included. We did fo. And, What were the con.
 
 I 3' ] 
 
 fequences ? The afibciation crazed our names, and publifh- 
 ed in the papers of the day their proceeding. Was not this 
 an act of public profcription againft us all ? Accufed this 
 day of fedition, of an attempt to overthrow the conflitu^* 
 tion, mall thofe men be my Jurymen ; who have not mere- 
 ly accufed me, but likewife judged and condemned me 
 without knowing me, without leaving me the poflibility of 
 the power of vindication. This trial is no trivial matter. 
 It affects me, but it affects the country more* The noife of it 
 will pafs down to other times, and pofterity may fancy their 
 moil valuable rights connected with its confequences. 
 
 A refpedtable gentleman of the five to whom I now ob- 
 ject, has felt the delicacy of his fituationj and has honour- 
 ably avowed his fcruples. Such fentiments, fo refpect- 
 ful in themfelvesj I trufl are common to all his colleagues. 
 
 This is not the only objection I ftate to the Gentlemen 
 of Goldfmith's Hall being of my Jury. I am accufed of 
 circulating the works of Mr. Paine, That Aifociation has 
 publicly advertifed their horrors at the doctrines contain- 
 ed in thefe books. Nay, more, they have offered a reward 
 of five guineas, to any who will difcover a perfon who may 
 have circulated them ! If this is not prejudicating my caufe, 
 I demand to know what prejudication is ! 
 
 Upon thefe two objections, I {hall make no farther obfer- 
 vations. To fuppofe them not well founded, would be to in- 
 fult the common fenfe and the common feelings of mankind. 
 
 I demand juftice. Let me be tried fairly, not by a Jury 
 of the Aflbciation of Goldfmith's Hall, not by a Jury of the 
 Aflbciation of the Friends of the People, but bv men uncon- 
 nected with either, whofe minds cannot poffibly be fuppofed 
 warped with prejudices. I THEREFORE SOLEMNLY 
 PROTEST, that no perfon who is a member of the Aflbcia- 
 tion in Goldfmith's Hall, mould, or can, be of the Jury in 
 my trial. 
 
 Solicitor-General BLAIR replied, That he coniidered this 
 
 objection to be of the moil extraordinary nature. The 
 
 pannel is accufed of for rang alibi iations, cantrary to the 
 
 Co.,ftitution, and he prefumes to object to thofe Gentlemen, 
 
 Dij
 
 E 3* ] 
 
 who formed affociations in its defence. With equal pro- 
 priety might the pannel object to their Lordfhips on the 
 Bench, to be his Judges in this trial ; their Lordfhips had 
 iworn to defend the Conftitution. 
 
 MR. MUIR. This day, I will not defcend into the quib- 
 bles of a Lawyer. I object to thefe gentlemen, not becaufe 
 they afibciated in defence of the conftitution. I too, as well 
 as they, have aflbciated in defence of the conftitution. 
 But my objection is, that they, by an aft of theirs, have 
 publicly accufed me of being an enemy to the conftitution, 
 have already pronounced the fentence of condemnation, and 
 have impofed upon my name the feal of proscription. 
 
 LORD JUSTICE CLERK. If the objections of the pannel 
 were relevant, it would extend far indeed ; it would go to 
 every perfon who had taken the oaths to government. I 
 can fee nothing in the objection, and I am clear for repel- 
 ling it. 
 
 LORD HENDERLAND. I can fee nothing in the objection, 
 thefe gentlemen entered into a fociety for a particular pur- 
 pofe, and had the right of judging of the qualification of 
 their members ; they did not think Mr. Muir or his friends 
 proper members. In no trial whatever could this be a good 
 objection. 
 
 The objection was repelled. Mr. Muir, however, conti- 
 nued to repeat it, as every five were fworn. 
 
 When the lift of the five laft was prefented, he faid it was 
 not fuiHcient to fay that thefe gentleme'n were free to form 
 a fociety, this is a fact which no man in his found fenfes 
 will diipute. But, this fociety when formed, had opened, 
 in a public place, a book for public fubfcription. By re- 
 peated advertifements they had called tipon every friend 
 to the conftitution, every enemy to fedition and tumult, e- 
 very perfon inimical to a public divifion of property by a 
 levelling fyftem, to come and fubfcribe their names in that 
 book, as expreffive of their attachment to the conftitution, 
 to property, and to peace. Every porter, every chairman 
 from the ftreets, was allowed to infert his fubfcription.
 
 [ S3 ] 
 
 Why were the names of the pannel and his friends expuit* 
 ged ? Was it not a public denunciation, of their being the 
 fupporters of that fyftem of plunder and of diforder, which 
 that aflbciation was to oppofe ? 
 
 When the jury were fworn in, Mr. Muir again flated, 
 that he believed them to be men of truth and integrity, 
 but never would ceafe recalling to their attention the pe- 
 culiarity of their fituation. They had already determined 
 his fate. They had already judged his caufe ; and, as they 
 valued their reputation, their own internal peace, he en- 
 treated Here Mr. Muir was interrupted by the 
 
 Court, who concurred in opinion, that his conduct was ex- 
 ^eedingly improper, in taking up their time, as the objec- 
 tion had been repelled ! 
 
 The counfcl for the Crown now proceeded to call the 
 witnefles. 
 
 ALEXANDER JO.HNSTON. 
 
 Mr. MUIR objected to this witnefs. He faid he did not 
 know him. He did not remember if ever he had feen him, 
 but he could clearly prove, by refpeclable witnefles, that 
 this perfon had faid, upon hearing of his arrival in Scot- 
 land, that he would do every thing in his power to have 
 him hanged. 
 
 Mr. MUIR was afked if he could condefcend upon any 
 particular circumftances of malice, which this witnefs 
 entertained againft him. He replied that he did not 
 know him, therefore could fpecify no circumftances 
 from which the propofed witnefs might have entertaiired 
 malice againft him j but the fact that he had fo exprefTed 
 himfelf was certain and true, and if permitted, he would 
 immediately fubftantiate what he had afierted, by the rnoli 
 convincing proof. 
 
 The objection was repelled. The Court obferved, that 
 witnefles might be averfe tc bear tefti - ony. That for this 
 purpofe they might make iiorilar aflertions in order to dif- 
 themfelves. That if, upon objections of this kind,
 
 C 34 ] 
 
 tney were to be caft, the ends of public Juflice, might be 
 defeated ; befi^es, it was obferved, that the witncfs would 
 be purged of malice upon oath.. 
 
 The objection was over-ruled, andthewitnefs was adduced, 
 
 ALEXANDER JOHNSTON, 
 
 Depones, That he was prefent at a meeting in Kirkin- 
 tilloch, forrietime in the month of November laft, but does 
 not remember the day. That the meeting had then no 
 name, but has been fince known by the name of a Reform 
 Meeting. Mr. Muir was prefent who harangued the meet- 
 ing. As far as he recolle6ls, Mr. Muir addreffed the Pre- 
 fident ; ftated the difadvantages in the Reprefentation, fome 
 Boroughs being rotten, others having no vote. He ftated 
 the population of England, and Scotland, and mentioned, 
 that from the fmallnefs of the number who voted; the peo- 
 ple were not fully reprefented. Mr. Muir faid, that "if a 
 man paid . 20,000 for a feat in Parliament, he behoved 
 to derive fome iutereft from his feat, and he referred to the 
 people, whether it was reafonable that a man fhould pay fa 
 much for a feat in Parliament, without deriving fome emo- 
 lument in return. That the Duke of Richmond, had com- 
 plained of this, and had ^.30,000. He was filent. That 
 Mr. Muir compared our Conflitution with the French, and 
 faid, that beyond a doubt they would be fuccefsful. That 
 they were more equally reprefented, and their taxes much 
 lefs. That two thirds of the French national debt was 
 already paid. That a manufacturer in this country could 
 not bring his goods to market with the fame advantage as 
 the French Manufacturers ; of courfe, we mould lofe our 
 trade. Mr. Muir faid, the Society ought to be acquainted 
 with the principles of thofe members they admitted. That 
 the fole intention of thefe Societies, was to procure a more 
 equal and a morter duration of Parliament. That the means- 
 thefe Societies were to ufe, for thefe ends, wss to petition 
 Parliament, and to communicate their resolutions, and ex^ 
 tend their knowledge, by publiihing and circulating useful
 
 publications. That in order to obtain that knowledge, they 
 ought to get all political pamphlets from a neighbouring 
 Bookfeller ; but he did not mention any pamphlet in par- 
 ticular. 
 
 Upon the interrogatory of the Solicitor-General. De- 
 poned, That nothing was faid about a King, but that the 
 Conftitution ought to confift of King, Lords, and Commons. 
 There was mention made of Paine's Rights of Man, but 
 not by Mr. Muir. One man in the Society, not in a pub- 
 lic manner, but to his neighbour privately, faid, he had read 
 that work. The mofl of the members were young wea- 
 vers, from eighteen to twenty years of age. He knew of 
 no previous meeting at Kirkintilloch, this one being the 
 conftituting one. Mr. Muir did not come into the meeting 
 till after it was conilituted, but had promifed in the morn- 
 ing to be there, He feemed to be the principal man in that 
 Society, and faid, he belonged to other Societies, of the 
 fame fort : He recommended a timeous accomplimment of 
 the bunnefs, in order, that when the different meetings had 
 communicatd with each other, they might lay it before 
 Parliament. At the time he recommended the above mea- 
 fure, fome of the members wifhed to form meetings. Be- 
 ing interrogated by Mr. Muir, he deponed, That Mr. Muir 
 did recommend peace and regularity to the meeting, and 
 obferved that any tumult or diforder would ruin their com- 
 mon caufe. He told the meeting, that there was no other 
 mode of procuring redrefs, but by applying to Parliament, 
 and he recommended to the meeting to beware of admit- 
 ting immoral characters as members. 
 
 ROBERT WEDDEL, 
 
 Depones, That he remembers a meeting in Kirkintilloch, 
 about the beginning of November laft, which was called 
 the meeting of the Friends of the People, or, for a Parlia- 
 mentary Reform. That Mr. Muir was at this meeting, which 
 was the conftituting meeting came in after the meeting 
 n, and made a fpecch in which he advifed regularity in
 
 C 36 ] 
 
 .their proceedings ; and mentioned that they ought to pro- 
 ceed, i a conftitutional manner, as the law now is, by 
 King, Lords, and Commons. He faid nothing about the 
 expence of a King, nor the burden of taxes, nor the com- 
 parative expence of the French Government, nor did he 
 Hiention the fuccefs of their arms. He fpoke about ten mi- 
 nutes. After the meeting broke up, the witnefs met Mr. 
 Muir with fome others, in Mr. Wallace's, Baker in Kirk- 
 intilloch, where the converfation was about the politics of 
 die COUP try there were about eight prefent in Mr. Wal- 
 lace's, or one fourth of the number that, was at the meeting. 
 The witnefs was Vice-Prefident of the Meeting, Mr* 
 Freeland was Prefident, and James Baird was Secretary, 
 there were no other officers, and all thefe were with Mr. Muir 
 in Wallace's. He does not remember the particulars of 
 the converfation, but Flower on the French Conftitution 
 was mentioned, which he never before had heard of. He 
 thinks it was Mr. Muir that mentioned this book, in 
 fpeaking of new publications, and he remembers books 
 being fpoken of. Depones, That at the meeting, one Boyd 
 alked Mr. Muir's opinion about Paine's Works, when Mr. 
 Muir faid, that it was foreign to their purpofe. He remem- 
 bers this, becaufe he was angry at the queftion being aflced. 
 
 Upon the Lord Advocate's interrogatory, Whether 
 Flower's Book had bsen recommended, Mr. Muir objected 
 to the queftion. The witnefs was removed. 
 
 Mr. MUIR. There is no accufation brought againft this 
 "book in the libel. Let it be admitted that this book is of 
 a feditious or a treafonable nature, yet, as I am not accu r 
 fed tf either recommending or circulating it, how can anj 
 thing under this indidment, concerning it, be adduced in 
 evidence againft me ? I plead upon a great principle of na- 
 tural juftice : I look forward to other times, and I tremble 
 for the precedent. If this were not the cafe, I would not 
 lay that 1 merely approved of that book of Mr. Flower's, 
 but, in this great audience, I would recommend its princi- 
 ples, in general, to every man who valued the interefts of
 
 [ 37 ] 
 
 his country, and whofe feelings intercfl him in the happi- 
 ntfs of human kind. 
 
 LORD ADVOCATE. The charge againft the Pannel is fe- 
 dition, and it is branched out under various heads. One 
 of thefe was, adviling people to purchafe feditious books ; 
 and he was entitled to examine as to fuch fads, though e- 
 very particular bosk or iat was not condefcended on in the 
 libel. 
 
 Mr. MUIR." -Neither in jaftice nor in law has the Pub- 
 lic Profecutor a right to bring againft me a general charge. 
 Every criminal charge, upon the fals, muft be fpecial, in 
 order that the pannel may know the crime that is alledged 
 againft him, and accordingly prepare the fpecial matter of 
 his defence. 
 
 LORD JUSTICE CLERK. By the Statute of James VI. 
 wherever art and part is libelled, there can be no objection 
 to the generality. This is a proper queftion ; and it has a 
 tendency to eftablifh the major propolition, and it ought to 
 be fuftained. 
 
 The Lord Advocate gave up the queftion. 
 
 The witnefs was again called in, and deponed, That he 
 knows of no books having been recommended to be pur- 
 ehafed in confequence of this meeting, except Henry's Hif- 
 tory of England. The books purchafed by the witnefs for 
 the Society or others, were three or four copies of the Po- 
 litical Progrefs, three or four copies of the Paifley Decla- 
 ration, one -copy for his own ufe and one for the Societv ; 
 That he was not ordered by the meeting to buy them, but 
 bought them for his own ufe, and to fhow his neighbours. 
 He never purchafed any of Paine's pamphlets, but he got 
 a copy of that pamphlet, he does not know from whom, 
 and which happened fometime before the meeting. He ne- 
 ver faw the Dialogue between the Governors and the Go- 
 verned. He faw the Patriot, and was Ihewn it by Mr .William 
 Muir. Upon being interrogated by the Pannel, depones, 
 That he recommended Henry 's/Hiftory but no other book, 
 That he recommended order and regularity ; and upon 
 E
 
 [ 38 ] 
 
 the Solicitor General's interrogatory, depones, That Mr, 
 Muir particularly faid, that they would be the more fuc- 
 cefsful the more thty were conftitutional : That their end 
 was to obtain a more equal Representation in Parliament : 
 That the witnefs meant by that a more equal Reprefenta- 
 tion, but he does not know the precife terms : That he 
 cannot fay more, but there were different opinions in 
 the Society, one part of them wanting it confined to the 
 landed intereft, another to have it that every man mould 
 have a vote, but Mr. Muir gave no opinion. Upon Mr. 
 Muir's interrogatory, depones, that Mr. Muir recommend- 
 ed to avoid riot, and faid, that tumult would ruin the caufe ; 
 he alfo advifed them to take care of the moral character of 
 the members whom they admitted. He does not remember 
 whether Mr. Muir faid he would defert them, if they be- 
 came unconftitutional, and he does not remember that he 
 recommended them to purchafe any other book than Hen- 
 ry's Hiftory of England. 
 
 REV. MR. JAMES LAPS LIE. 
 
 The Public Profecutor next adduced as a witnefs Mr, 
 Lapflie 
 
 Mr. MUIR Let this witnefs be removed. I have many 
 objections to ftate againft him. 
 
 Mr. Lapflie was accordingly removed. 
 
 Mr. MUIR I have faid that I have many objections 
 to ftate, both to the admiflibility and credibility of this 
 witnefs. My delicacy with regard to that man, will, at 
 prefent, permit me to adduce the leaft weighty only ; for I 
 mean to prove the moil important, in a different fhape, in 
 a criminal profecution againft him, when he and 1 lhall ex- 
 change places at this bar. I know not what title this Re- 
 verend Gentleman has to aft as an agent for the CTJWII ; 
 but this I offer to prove, that he alTifted the Mcilengers c.f 
 the Law, in exploring and citing witneiTes againft me ; that 
 he attended the iheriffs in their different vifits to the pa- 
 rifiies of Campfie and Kirkintilloch, that previoufly to the
 
 [ 39 ] 
 
 -preccgnition, he converfed with the witnefles of the Crown, 
 that he attended their precognition, put queflions to them 
 and took down notes ; nay, more, that, without being cited 
 by the Profecutor, he offered himfelf ultroneoufly againft 
 me, and infilled that his declaration fhould be taken in the 
 unufual form, with his oath attending it, to atteft its truth. 
 Upon other matters 1 mail not dwell ; it is fufficient for 
 me to fay, that this witnefs attended the precognition of o- 
 ther witnefles. The uniform and the late decifions of your 
 Lordfliips have fuftained this objection the witnefs there- 
 fore cannot be examined. 
 
 . The LORD ADVOCATE faid, that he knew the Court had 
 fuftained the objection in many late cafes. He would not 
 difpute the point of Law at prefent, afterwards indeed he 
 might upon fome future occafion, but contented that Mr. Muir 
 mould be allowed to prove the firft part of his objection, of 
 Mr. Lapflie's activity as an agent in collecting evidence a-> 
 gainfl him. 
 
 In proof of the objection Mr. Muir called 
 
 HENRY FREELAND, 
 
 Depones, That he knows Mr. Honeyman, (Sheriff of 
 Lanark/hire) and faw him at Kirkintilloch, in company 
 with Mr. Lapflie and another gentleman, a writer in Glaf- 
 gow. Mr. Honeyman examined the witnefs about Mr. 
 Muir ; and, during the precognition, Mr. Lapflie alfo put 
 queftions to (he witnefs. Pie aiked him, if he had got a 
 College education, which being anfwered in the negative, 
 Mr. Lapflie faid he was a clever fellow, and when he faw 
 him write, he faid it was a pity fuch a clever fellow mould 
 be a weaver, and that it was in Mr. Honeyman's power to 
 procure him a birth, which was faid in prefence of Mr.. 
 Honeyman. That when Mr. Honeyman examined him a- 
 bout how often Mr. Muir had been at Kirkintilloch meet- 
 ings, Mr. Lapflie alfo aflted him if Mr. Muir had been 
 more than once there. That on the above occafion when 
 Mr. Lapflie praifcd the witnefs's abilities, the witnefs an- 
 E ij
 
 L 4* 3 
 
 fxvered, that it was flattery, when Mr. Lapflie clapped hfor 
 on the (houlder, and faid it was no fuch thing, but that it 
 was probable Mr. Honey man would fee him again. 
 Mr. Muir then called 
 
 ROBERT HENRY, 
 
 Who deponed, That he was examined by Mn Honeyman 
 about Mr. Muir: That Mr. Lapflie was prefenf all the time 
 he was fo examined, 
 
 ROBERT M'KINLEY 
 
 Was then called, who deponed, That he was examined 
 at Camplie by Mr. Honeyman, in prefence of Mr. Lapilie- 
 and Mr. Shiels. Mr. Lapflie fpoke to the witnefs before 
 the examination, and told him to fpeik the whole truth, 
 and frequently exorted him, during the examination, to tell 
 every thing as it concerned Mr. Muir, and not him the 
 witnefs. 
 
 Mr. Muir proceeded to call James M'Gibbon, when the 
 Lord Advocate gave up Mr. La-pflie's evidence ; confequent- 
 ly there no longer remained any neceflity to examine more 
 witneffes, with regard to the conduct of that gentleman. 
 The Profecutor faid, that he gave xip Mr. Lapflie as a wit- 
 nefs, not on the ground of his being prefent at the precog- 
 nitions, but becaufe he appeared, if not an agent, at leaft. 
 to have taken an adtive part in the bulinefs. 
 
 The evidence for the Crown then proceeded. 
 
 HENRY FREELAND. 
 
 When this witnefs appeared, Mr. Muir obferved, that 
 the Jury would remember, that from what this witnefs had 
 already deponed, it would appear that he had got the pro- 
 mife of a good deed. 
 
 Then the witnefg being examined, depones, That he was 
 prefent at a meeting in Kirkintiiloch, which was called 
 a Society for Reform, on the sd November laft. He was 
 prefident that night and fat in the Chair. Mr. Muir was
 
 L 41 3 
 
 ihere and made a fpeech of about a quarter of an hour. 
 The general purport of the fpeech was about ihortemng th* 
 duration of Parliament, and a more equal Reprefentation. 
 He thought the taxes might be leflened by thefe means : 
 That the Reform was not to take effect as to the King and 
 Houfe of Lords, but only of the Commons. He mentioned 
 the fuccefs of the French arms, and that liberty would be 
 eftablimed in France. He fpoke of books in general, but 
 he does not recollect the name of any being mentioned but 
 Henry's Hiftory of England ; in general it was political 
 books. The books this witnefs remembers to have feen, 
 are the Proceedings of the Weftminfler Aflbciation, the Pa- 
 triot, and Paifley Declaration. It had been fuggefled by 
 one Boyd to purchafe Paine, but Mr. Muir ihook his head, 
 and faid it was foreign to he purpofe : That the witnefs 
 fometime before this fpoke to Mr. Muir about Paine's 
 book, and alked it as a favour to get the loan of it, and 
 Mr. Muir bid him fearch his great coat pocket, and lie 
 would get it, and that he got it accordingly : That this 
 was on the Tuefday ; eight-days before the meeting, at 
 which time Mr. Muir had fent for him to Mr. Wallace's, 
 and told him that he had heard of the intended fociety, and 
 that the witnefs was to be a member ; and that Mr. Muir 
 and the witnefs afterwards talked of focieties in general : 
 That the witnefs took Paine home with him, and read it, 
 and gave it to his filler : That he gave it to one Scott, and 
 alfo to one Stewart, who had fought it feveral times, and 
 was angry he had not got it fooner : That Mr. Muir faid, 
 when the witnefs firft afked the book from him, that he 
 thought it had a tendency to miflead the people, and that 
 nothing further pafled in refppcl: to it ; and that he has con- 
 cealed nothing : That he was furprifed Mr. Muir did not 
 recommend it, becaufe every body elfe fpoke well of it, 
 and was furprifed that Mr. Muir faid it nad a bad tenden- 
 cy : That Mr. Muir did not approve of the book, but on 
 the contrary faid, it had a bad tendency : That he knows 
 BO particular reafon for his being fent for : That he
 
 C v J 
 
 knows books were bought for the fociety ; and that he 
 wrote to Mr. Muir, faying that the books then in circula- 
 tion gave fatisfc&ion : That he received a letter from 
 Mr. Muir, telling that Mr. Provan's caufe had been 
 decided in the Court of Seffion : That he got two letters 
 from Mr. Muir, in which he delired the witnefs to imprefs 
 the fociety with the importance of fending a delegate to the 
 Convention, and hoped to fee him there, but faid nothing 
 about the books : That the Paifley Declaration purchafed 
 for the fociety was not recommended by any particular 
 perfon : ^ That the book before mentioned was afterwards 
 given up by the witnefs to the Sheriff; and the book being 
 'fhown to him, he thinks it the fame : That he cut up the 
 leaves : That the witnefs firft mentioned the book to Mr. 
 Muir : That there were two pamphlets in Mr. Muir's poc- 
 ket. Upon Mr. Muir's Interrogatory depones, there was 
 an intention of having this fociety long before the witnefs 
 faw him : that Mr. Wallace, at whofe houfe there was an 
 adjournment from the meeting as aforefaid, was an old fer- 
 vant of Mr. Muir's father, and Kirkintilloch is within four 
 miles of Hunterfhiil, his father's houfe : That he did nofe- 
 recommend any other book than Henry's Hiflory of Eng- 
 land : That he told them all riot would be ruin. to the caufe, 
 and recommended them to be conftitutional and regular : 
 That the people were to petition Parliament, and that there 
 was no other way of getting a Reform. That on Paine 
 being recommended in the fociety, Mr. Muir faid it was 
 foreign to the fubje& : that the witnefs having heard that 
 a Proclamation of the King was againft that book, he was 
 upon that account curious to fee it, and he firft fpoke of it 
 to Mr. Muir. 
 
 WILLIAM MUIR. 
 
 When the oath was propofed to be adminiflered to this 
 witnefs, he refufed to fwear, as being contrary to his re- 
 ligious principles. Being alked what thefe principles were, 
 he declared he was one of thofe who are called the Moun- 
 tain : That he had no objections to be examined : That he
 
 would tell the whole truth, but could not wrong his own 
 confcience by taking an oath, which he thought unlawful, 
 
 The Court obferved to him, that if he would not fwear, 
 no other alternative remained to them, but to commit him 
 to prifon ; that there was no way by which he could ever 
 obtain his liberation, and that his imprisonment would be 
 perpetual. Pie replied, tl-at he could not help it, and that 
 he knew the Lord was prefent in prifon, as well as prefent 
 any where elfe. 
 
 The Judges alked him, if he believed in the Bible ; to 
 which he anfwered, he did. He was then interrogated, if 
 he could point out any particular paffage which taught 
 him the unlawfulnefs of taking an oath. In crder to re- 
 move his fcruplec they quoted feveral pailages from the 
 Bible, but he ftill adhered to his firft declaration, faying, 
 that he could not take the oath without defertmg his prin- 
 ciples, which he was determined never to do. 
 
 The LORD ADVOCATE moved, that this perfon mould be 
 committed to prifon for his contumacy, informed him there 
 was no way by which he could ever be fet free ; and, in 
 exprefs words, declared that his imprifonment would be e- 
 ternal. 
 
 Mr. MUIR I believe this perfon to be a good and confci- 
 entious man. Whether he be right or wrong in refilling to 
 take this oath, is not an objeft of my inquiry. He is ad- 
 duced as a wilnefs by the Profecutor againft me. I have 
 therefore the moft material intereft that he fliould be fworn, 
 but rather than he mould fuffer for ading according to the 
 dictates of his confcience, I wave my right, and I will ad- 
 mit every word which he utters, although not upon oath, 
 to be as true as if it were, 
 
 The Court obferved, that neither they, nor the jury 
 could liften to any evidence but what was given upon oath. 
 The law exprefsly required it, and it could not be difpenfed 
 with, and that the Profecutor and public juftice was concern- 
 ed in this matter alfo. 
 
 William Muir perfiiled in his refufal. The Court com- 
 itted him to prifon, declaring they knew no mode by
 
 L 44 ] 
 
 which, by the law of Scotland, he could be liberated. By 
 tke officers of Court he was conducted to prifon. 
 JOHN BROWN, 
 
 Dtpones, That he was prefent at a meeting at Campfie, 
 about the month of October or November laft : That Mr. 
 Muir and Mr. Buchanan both fpoke at that mer^';.^ . Ihat 
 he alfo was at a meeting in Kirkintilloch : That he does not 
 underftand thefe meetings were called by Mr. Muir : That 
 he has bought Paine's book, but does not recollect whether 
 he did fo before or after the meeting : That he bought it 
 merely from curiofity, feeing the title in a window : That 
 he does not remember, whether or not that book was men T 
 tioned at the meeting : That he does not recollect Mr. Muir 
 mentioning France : That the tenor of M. Muir's fpeech 
 was to inculcate upon them the neceffity of fobriety , to pur- 
 fue conftitutional meafures, and to read conflitutional 
 books : That there were no books in the meeting, and that 
 at a converfation he heard Mr. Muir fay, that Paine's book 
 was not a conflitutional book, and would not do. 
 ANNE FISHER, 
 
 Depones, That Die was fometime fervant to Mr. Muir r s 
 father ; fhe knows, about the time libelled, Mr. Muir was 
 much bufied about reading and writing, but does not know 
 the fubjcct : That fhe was fent to Mr. Mennons' with a mef- 
 fage from Mr. Muir, and with a paper, which fhe thinks 
 was entitled a Declaration of Rights, which had not been 
 printed as he wanted, and to get it corrected. She faw 
 at that time, a good many country people coming about 
 Mr. Muir's father's fhop : That Mr. Muir has frequently 
 faid to thefe country peopk, that Mr. Paine's book was a 
 good book : That fhe has frequently bought this book for 
 people in the fhop, and that this was fometimes at the de- 
 fircof Mr. Muir, and fometimes at that of thefe people. She 
 bought both the firft and fccond part of Paine, at different 
 times, and when flie returned with them, fhe fometimes 
 laid them on the table, and fometimes gave them to the peo- 
 ple, that fhc bought two different parts af different
 
 [ 45 ] 
 
 of Alexander Muir, Mr. Muir's uncle. Shs was fent for 
 a copy by Mr. John Muir, hatter, but is not fure whether 
 or not (he got it. That John Muir was much preffed upon by 
 the Pannel to purchafe the book : That, to the belt of her 
 remembrance, me bought one for one Barclay : That me 
 knows Mr. Muir's hair drefTer Thomas Wilfon, and me has 
 heard Mr. Muir advifing him to buy Paine's Rights of Man, 
 and to keep them in his mop to enlighten the people, as it 
 confuted Mr. Burke entirely : She read this book herfelf, 
 and got it in her matter's houfe : That me has feen one copy 
 on fine paper, and one or two coarfe ones : That, to the 
 beft of her remembrance, me has feen the Paifley Declara- 
 tion on Mr. Muir's table, and fometimes in the dining 
 room: That me thinks me has feen the Dialogue, in Mr. 
 Mtiir's room, and has heard him read it, in prefence of his 
 mother, lifter, and others, in his father's back fhop : That 
 Mr. Muir faid, it was very clever, and wrote by one Vil- 
 l| : new, one of the firft wits in France : That me does not re- 
 member to have feen the Patriot : That me thinks ihe has 
 heard part of the Paifley Declaration read by Mr. Muir in 
 the faid back ihop, in prefence of fomebody, that being 
 the common place where he read thefe books : That me 
 has been fent from the back fhop upftairs for fome books : 
 That me does not recolleft whether he thus read thefe books 
 on a market day ; and that me has known him read fome 
 French law books : That me has heard him fpeak about 
 Reform and members of Parliament : That if every body 
 had a vote, he would be made member for Caldcr ; that 
 members of Parliament were to have thirty or forty mil- 
 lings a-day ; and that, in that cafe, there would be none but 
 honefl men to keep the Conflitution clear : That me has 
 heard it faid, by Mr. Muir, that France was the moil 
 flouriihing nation in the world ; as they had abolifhed ty- 
 ranny and got a free government ; that fhe heard h:m fay the 
 Conftitution of this country was very good, but that ma- 
 ny abufes had crept in which required a thorough Re- 
 form ; That the Courts of IEAV required Reform alfo, for
 
 [ 46 ] 
 
 they got their money, for doing nothing but pronouncing 
 fentence of death upon poor creatures ; and that it was an 
 ufelefs parade of their coming in to Glafgow : That flic 
 recollects, about that time, of Mr. Huir being Council for 
 two foldiers ; at their trial me heard him fay,- that he told 
 the Judges and the Jury, as much as what they had to eripeft. 
 
 Mr. Muir arofe, and made a motion for the witnefe t 
 withdraw. 
 
 Mr. MUIR then faid, that the" conduct of the Lord Advo- 
 cate was, in every refpe&, highly reprehensible. He has 
 put a variety of queftions to witnefles, with regard to. 
 crimes of which I am not accufed. The indictment charges 
 me with making feditious fpeeches at Kirkintilloch and at 
 Campfie, vilifying the Conftitution and the King, and in- 
 flaming the minds of people to rebellion. It charges me 
 with dillributing feditious books ; and it fpecifies that I 
 gave away Mr. Paine's Works, fome numbers of the Pa* 
 triot, the Dialogue by Volney, betwixt the Governors and* 
 the Governed, the Paifiey Declaration of Rights, and of 
 having read, in the Convention, the addrefs from the Socie- 
 ty of United Iriihmen in Dublin. The indictment charges 
 nothing more, there is not a iingle letter within its four 
 corners which points out to me the charge of fpeaking dif- 
 refpeclfully of Courts of Juftice, tending, in any manner, to. 
 excite the people againfl the adminiftration of the law. Com- 
 pared to a crime of this nature, the giving away to (ingle in- 
 dividuals, fingle copies of books and pamphlets, which may 
 be eiteemed feditious, is a trifle, light 23 air. If the public 
 'Profecutor had evidence that I was guilty of this crime, he- 
 was deficient in his duty to the public, in not making it an ar- 
 tkle of accufation. He mould have manfully, in the light, 
 brought it forward againft me, joined a fair iflue betwixt 
 us, and then I would have defended myfelf the bed way 1 
 could. But to attempt to fteal it in as evidence in this way,, 
 to prove a crime which he clurft not openly libel, becaufe he 
 knew it could not be fupported, merits the fevereft repro- 
 bation. But what is the tendency of this little art ? this 
 domeftic and well tutored fpy, is brought to prove words
 
 [ 47 J 
 
 which may Irritate jour minds againft m?, ^. es, this is 
 the artifice, this is its object, but your juftice will render 
 it ineffe&ual. You will feel the lame contempt which 1 
 do. Let us pafs from that I contend upon the great prin- 
 ciple of natural juftice, upon the conftitutional law of this 
 country, that no perfon can be tried for a crime of which 
 he has not been previously accufed. What is the purpofe 
 of an inoiiclment, but to fpecify the crimes which are to be 
 proved, in order that the Pannel may have an opportunity 
 to prepare his defence ? Why is the indictment ferved 
 upon him fifteen days before the trial, bat to enable him 
 to accomplifli this purpofe ? It is vain to fay, that un- 
 der the general charge of fedition, every thing tending to 
 prove it can be adduced, although not fpecially mentioned. 
 If this is now to be adopted as law, what portion remains to 
 us of our national liberties is for ever torn away. Every 
 thing is infecure, an indictment will no longer be regarded, 
 but as a piece of unmeaning paper. The unfortunate man.who 
 receives it may fay, I am charged with robbery. I have 
 many witneiies to prove I did not perpetrate this crime, but 
 what avails preparing a defence? Not a fingle witnefs may 
 perhaps be adduced againft me for that offence. I may ne- 
 ver hear a word of it in Court, but I may be inftantly cal- 
 led upon to defend mylelf againft a charge of murder, of 
 fedition, or of high treafon. In fhort, if, under the fpeci- 
 ous pretence of being allowed to introduce what is not fpe- 
 cified in the libel to fupport its generality, you eflablifli a 
 precedent of this kind, you ftrike the fatal blow agaiuft in- 
 dividual fecurity, and of general fafety. What has been 
 called the criminal law of this country, its forms, its pre- 
 cedents, and its principles, are for ever gone. It is vain 
 to fay that the ftatute of James VI. allows this proceeding. 
 That ftatute is now obfolete. By the law of Scotland it has 
 gone into difuetude. It was enacted under a defpotic reign, 
 when the freedom of Scotland was trampled under the foot 
 of power. It oppofes every principle of juftice; and will you, 
 after the lapfe of fo many years, defcend into the grave, drag 
 the peftilential carcafe, in order that it rrniy poifon the o- 
 Fij
 
 [ 48 J 
 
 litical atmofphere ? One word more upon this f abject . 
 The charge againfl me is fedition. That crime, from its - 
 very nature, fuppofes, and, in fact, it has often happened, 
 that it may b attended by rapine, and by murder . If, 
 therefore, under the generality, you allow a charge of vi- 
 lifying the Courts of Juftice, which I never heard of before, 
 you muft, by the fame parity of reafoning, allow a charge 
 o'f plunder, equally unheard of, to be adduced as an agrava- 
 tiou of the general crime of fedition. 
 
 This queftion is of little importance to the individual, 
 who is now ftruggling.for the liberties of his country. But 
 the eyes of your children wjll be fixed upon this trial, and 
 they will tremble and fnudder at the precedent. I fed for 
 the country, I feel for poflerity, 1 will not fanclion the 
 procedure which is to produce to both, a fyflem of iiijuftice, 
 of ruin, and of murder. 
 
 LORD ADVOCATE faid. Mr. Muir is indicted for the 
 crime of fedition, and that crime may confift of many facts 
 and eucumftances, and of thefe the ftrongeft muft be, felo- 
 nioufly.and feditioufly ftirring up the inhabitants againft a 
 lawful King and a good Conftitution : That, to prove this, 
 he was entitled to bring in evidence every word of any 
 converfation which might have pafled betwixt Mr. Muir 
 and ignorant people ; every paper, every facl, and every 
 witnefs which could be got : That no perfon could deny the 
 * relevancy of the fact, viz. the abufing and vilifying the 
 Courts of Juftice to be an aggravation of the crime of fedi- 
 tion ; it is that crime of which the Pannel is accufed, and 
 he certainly would be permitted to bring forward every 
 thing which could fupport the charge. If it had been ne- 
 ceffary to fpecify, in the indictment, all the fadls againft- 
 the Pannel, that indictment would have covered, by its 
 magnitude, the walls of that Court. 
 
 Mr. MUIR. This is not the time to entertain your Lordfhips 
 Tvith frothy declamation, with founding, but unmeaning pe- 
 riods. I pleaded upon juft principles ; every perfon here muft 
 fee their ilrength, and muft admit their truth. If thcfe. are
 
 C 49 1 
 
 g : vea up, if thefe are violated, PROPERTY, andLTBER, 
 TY, and LIFE are infecure. Once more ; can the Lord 
 Advocate himfelf fay, that if he was to bring the general 
 charge of murder againfh me, and mould fpecify that I had 
 murdered James, would he be allowed to prove, under the 
 generality, that I had murdered John ? Can there be any 
 thing more plain, more juft, and w.hich requires lefs argu- 
 ment than the fimple proportion which I fupport ? That if 
 you accufe a man of a crime, you muft tell him what that 
 crime is, in order that he may be able to defend himfelf a- 
 gainft the accufation. Particular acts muft be fpecified, in 
 order that the Pannel may be able to prove, that either 
 thefe afts in themfelves were innocent, or that he was not 
 cccerTary to them. If you dcftroy this propofition, if you 
 fanclion the reverfe, what remains to this country, but the 
 melancholy profpecl: of ruin and of defpair f 
 
 LORD SWINTON was of opinion, that reflecting on Courts 
 of Juflice was included under the general charge of fedition, 
 and that the objection was groundlefs. 
 
 LORD DUNSINKAX, concurred with Lord Swinton, and 
 de';lircd, that the various circumflances which may come 
 out in evidence need not be fpeciried. 
 
 LORD ABERCROMUY could not entertain the fmalleiV 
 doubt of their being a neceffity for fpecifying in the libel, 
 every fcditious expr^iG.i that might have been ufed. 
 
 LORD jusTic CLERK was clearly of opinion, that when 
 one crime is charjcJ, another, and a differept one cannot 
 be proved under that libel. This none could JifpiUe. But 
 was that the cafe here ? The Pannel is accuied of feduion; 
 and will any perfon fay, that it is net a circurnftance of fe- 
 dition for the Pannel to have inflamed the minds of the peo- 
 ple ag:;infl Courts of Juftice, fo important, and fo material 
 a branch of the Conftitution. Under the Statute cl Kirg 
 James wherever art and part is libelled^ the Profecutor 
 can prove every fadt and circumftance, and no objection 
 of generality is admitted. 
 
 The objection was over-ruled. The witncfs was called
 
 C 50 J 
 
 back, who deponed : That fhe had heard Mr. Muir faj, 
 that a monarchical government would be the belt in this 
 country, under proper reftriclions ; but that republican go- 
 vernments were the beft : That fhe has been fent by Mr. 
 Muir to an organifl in the flreets of Glafgow, and defired 
 liim to play ca ira. 
 
 Mr. Muir wa$ alked, .if he had any queflions to put to 
 this witnefs. He replied ; I difdain to put a queftion to a 
 witnefs of this defcription. The witnefs turned round to 
 .Mr. Muir, and faid me wiihed to aik him one queflion. 
 This the Lord Juflice Clerk would not permit, as he would 
 fuffer no altercation of that kind. The Court expreffed 
 their flrongeft difapprpbation of the terms xyhich Mr. Muir 
 had ufed ; arid Lord Henderland faid, that if Mr. Muir had 
 been a&ing as a counfel at the bar, inftead of being in that 
 Situation, he would immediately have fent him to prifon for it! 
 The conduct and the accuracy of this witnefs ? was much ap- 
 plauded by the Court, 
 
 As the witnefs was withdrawing, a Juryman called her 
 back, and aiked her, if fhe had had any quarrel in Mr. 
 Muir's father's family, to which fhe replied, thatfo far from 
 that, her miftrefs had given her 5J-. mere than her wages, 
 which were at her option, and that Mifs Muir, had given 
 her a petticoat, with fome other prcfents. 
 
 THOMAS WILSON, 
 
 Depones, That the witnpfs was in ufe to drefs Mr. Muir, 
 and drelfed him in Autumn lafl : That Mr. Muir having 
 aiked the witnefs if he had bought Paine's Works ; on be- 
 ing told that he had not, he advifed him to get a copy, a$ 
 a barber's mop was a good place to read, but he did not buy 
 it. That he bought a copy of the Addrefs to the Addreffors, 
 and kept it a day or two, but this was not by Mr. Muir's 
 advice. That he remembers an old man from the country 
 coming to Mr. Muir, when he was dreffing him, and Mr. 
 Muir told the witnefs, that the old man was a great re- 
 former. Upon which the old man replied, that Mr. Muir 
 was only taunting upon him.
 
 [ 5' 1 
 
 Upon being interrogated by Mr. Muir, depones, that fog 
 has heard Mr. Muir fay, that he would maintain the Con- 
 ititution : That he wifhed for peace and good order, and 
 good morals among the people ; and that he never heard 
 him fay any thing againft the King : That he has feen Mr. 
 Muirs' Library in the country, which is a large room open 
 to all the family. 
 
 The LORD ADVOCATE ftated to the Court, that he was 
 informed that William Muir, the perfon committed to pri- 
 fon, was a parifhoner of the Rev. Mr. Dunn's minifter of 
 Kirkintilloch, one of the witntfTes inclofed againft the 
 Pannel. That if Mr. Dunn was allowed to converfe with 
 him, he might remove his error, and preferve him from, 
 fuffering the dreadful puniihinent due to his obftinacy. He 
 therefore moved their Lordfhips to allow Mr. Dunn to 
 converfe with William Muir for the purpofe. 
 
 Mr. MUIR oppofed the motion. He faid, he had already 
 confented, and would flill confent to admit the declaration 
 of William Muir againft him to be true, although not ac- 
 companied by an oath. To prevent the witnefs from fuf- 
 fering any puniihment, he would furrender the right which 
 the law gave him ; but, that he certainly would object to 
 converfation betwixt that witnefs and Mr. Dunn : Not that 
 he fufpected any thing improper to take place in that con- 
 verfation, but that this was a great and important caufe j 
 a trial that might create precedents dangerous to thofe who 
 might come after. By the law of Scotland all witneiTes 
 muft be examined apart from each other. The law is jea- 
 lous of their converfation : The law dreads their collulion, 
 in framing together a confident ftory. If, in this cafe, you 
 allow Mr. Dunn and the witnefs, of both of whom I have 
 no fufpicion, to converfe together, you cannot refufe it to 
 others. It will be fufficient for two witneffes, who may 
 have an intereft in a trial, to play the fame concerted game, 
 in order to tell the fame concerted ftcry with more accura- 
 cy, and with greater fafety. 
 
 The LORD ADVOCATE declared, that he would depart from
 
 Mr. Dunn as a witnefs, and that the converfation 
 proceed in the prefence of an officer of the court, or of 
 fome perfon on the part of Mr. Muir. 
 
 Mr. Dunn was called in. He was ordered to converfe 
 with the witnefs in prefence of one of the macers ; enjoined 
 not to fpeak on the fubjecl; of the trial, but folely about the 
 witnefs's fcruples to take the oath. 
 
 JOHN MUIR, 
 
 Deponed, That he knew Mr. James Muir's father ; and 
 that he faw Mr. Muir at his houfe in September : That Mr. 
 Muir and he had a converfation about Mr. Fame's book j 
 when he aiked Mr. Muir, as a favour, to get him it ; when 
 Mr. Muir faid, he had it not, but would fend for it ; and 
 that a fervant girl was accordingly fent for it, and faid fhe 
 had purchafed it at Brafh and Reid's, Bookfellers, in Glaf- 
 gow ; that he read it and took it home with him, but that 
 he would not have bought it, if he could have got the loau 
 ef it. 
 
 JOHN BARCLAY, 
 
 Deponed, That he is acquainted with Mr. Muir; that he 
 had a converfation with Mr. Muir about Paine's book : That 
 he allied Mr. Muir what book it was, when he anfwered, 
 that he might buy it, if he chofe, as it was printed ; but 
 afterwards faid it was not a book for us. 
 
 Upon Mr. Muir's interrogation, deponed, That he is an 
 elder of the pariih of Calder, and that he voted on the fame 
 fide with Mr. Muir, in the election of a niinifter ; that, in 
 confequence of this, he was frequently with Mr. Muir ; and, 
 in his library, from which he borrowed fome books ; that 
 he had many converfations with Mr. Muir, and heard him 
 fay, that this conflitution was an excellent one, and the 
 b^ft in the world ; that he has heard him praife the King, 
 and always heard him fpeak of order, regularity, and obe- 
 dience to the ruling powers ; that he called upon Mr. Muir 
 fince he came to Scotland, who font down a tneflage that he
 
 [ 53 ] 
 
 could not fee him, as he would have no correfpondence 
 with any who might be cited againft him as witnefTes on 
 this trial, until it was finifhed. 
 
 JAMES CAMPBELL, 
 
 Deponed, that he was prefent at a meeting of the Con- 
 vention ; that he called there on his way home from the 
 Parliament Houfe ; that Mr. Muir was not there, but came 
 in foon after and read a paper, which, being {hewn to him, 
 he admitted to be the fame with the Addrefs from the So- 
 ciety of United Irilhmen of Dublin ; that Colonel Dalrym- 
 ple oppofed the paper being read, and talked of taking a 
 proteft ; that, after Mr. Muir read it, he faid nothing 
 more ; but, before he read it, he fpoke of anfwering it 3 
 but, in this, there was no vote taken j that he does not 
 know how the paper came, and that a copy was afterwards 
 fent him in a blank cover. Being interrogated whether the 
 purport of Mr. Muir's fpeeches approved or not of this paper, 
 fays, he knows nothing more than that he propofed its be- 
 ing read and anfwered. Depones, That it was afljgned as 
 a reafon for not receiving the Addrefs, that they had no 
 connection with it ; that Mr. Muir thought there was no 
 impropriety in receiving and anfwering it, and would take, 
 the burden on his own moulders. 
 
 JAMES DENHOLM, 
 
 Deponed, That he was prefent at a meeting of the Con- 
 vention in December j that Mr. Muir was there, and he 
 heard him read that paper, called the Irijh Addrefs : That 
 objections were made to its being read, and Mr. Muir an- 
 fwered, that he faw no harm in it. Colonel Dalrymple 
 protefted, and he believes, Mr. Bell did fo alfo ; but he 
 does not remember Mr. Morthland being there ; that he 
 thought it poflible it might be illegal ; that he faw it on 
 the table, but does not know whether Mr. Muir brought 
 it or not ; that he underftood that Mr. Muir moved, that 
 an anfwer fhould be fent ; that this was diffented to, but 
 G
 
 t 54 ] 
 
 he does not recollect for what reafon, and he thinks that it 
 carried, Not to be fent. The Addrefs being fhewn to 
 him, he admitted it to be the fame which he had formerly 
 figned. 
 
 Being interrogated by Mr. Muir ; deponed, That he 
 never heard him fay any thing unconftitutional ; that the 
 purpofe of the Aflbciation was to get a Reform in Parlia- 
 ment ; that he knows of no other object, but that he un- 
 derflood their objet was an alteration, and that he was not 
 a member of the Convention. 
 
 ROBERT FORSYTE, 
 
 Deponed, That he was prefent at a meeting of the Con, 
 vention ; that Mr. Muir was there, and read a printed pa- 
 per ; that there were fome objections made to the reading 
 of it ; that the witnefs himfelf made one, which was, ' That 
 it was not expedient to have any connection with others ;' 
 that it was a paper which we ought not to have any thing to 
 do with ; that it was a paper containing fome expreffions 
 too ftrong, fuch as, ' an inviolable conftitution was a ty- 
 ranny,' that Mr. Muir defended the paper, and faid, it 
 ihould lie upon the table. 
 
 Upon Mr. Muir's interrogatories, the witnefs thinks thq 
 Convention came to a refolution to adhere to the genuine 
 principles of the Conftitution ; that the objeft was to re- 
 form the elections, and fliorten the deration of Parliament ; 
 that Mr. Muir never advifed any deviation from the 
 conftitution ; that he never heard him fpeak ill of the 
 conftitution, but that he heard him advife order. 
 
 WILLIAM MUIR. 
 
 The fcruples of this witnefs having been removed ; he 
 was brought to the bar, and confented to take the 'oath. 
 Deponed, That he was twice prefent in Wallace's hcufe in 
 Kirkintilloch, once before the fociety was formed, and once 
 alorg with Mr. Muir ; that Freeland was there, and Wal- 
 lace ; that at this meeting, a copy of Paine's Works was 
 taken out of the great-coat pocket of Mr. Muir ; *nat he
 
 [ 55 ] 
 
 docs not remember what was faid about the book ; that 
 he is not fure that Mr. Muir fpoke of the will of the peo- 
 ple being the fovereign will, but that it was faid Paine faid 
 fo ; that he got eleven copies of the Patriot, and a copy of 
 the Political Progrefs ; that he got them from Mr. Muir 
 in his father's houfe, at Hunterfhill, who bade him keep 
 them, and to (hew them to a fociety he was in, which was 
 a fociety for the purpofe of purchafing and reading books. 
 
 Being interrogated by Mr. Muir ; depones, That he 
 does not remember to have heard him fpeak againft govern- 
 ment ; that Mr. Muir did not advife unconflitutional mea- 
 fures ; that he heard him fpeak about the government ; 
 that he heard him tell how Sarum was reprefented. 
 
 The Lord Advocate caufed the fentence of fugitation 
 againft Mr Muir to be read, [which is annexed in the Ap- 
 pendixj and afterwards propofed to prove the Declara- 
 tions before the Sheriff, and the papers that were found 
 upon Mr. Muir when before the magiftrate at Stranraer. 
 In order to fave time and trouble, Mr. Muir agreed to ad- 
 mit them without proof, but under this exprefs condition, 
 that none of thefe papers mould be ufed in evidence againft 
 him of any criminalty. 
 
 If thefe papers, faid Mr. Muir, had afforded any weighty 
 difcoveries of my guilt, the Indictment mould have fo fta- 
 ted. It was impoffible that thefe papers could afford the 
 fmalleft prefumption againft me, and therefore there is not 
 a {ingle article of the Indidlment alledged that they were of 
 a culpable tendency. It is indeed aflerted in the libel, that 
 thefe papers were found upon me ; but that they are of a fe- 
 lonious or a feditious tendency, is no where fet forth. In 
 the concluding propofition of the Indiftment, in which the 
 whole criminal charge is recapitulated, thefe papers are 
 pafled over in filence. In proof of this permit me to 
 read the conclufion : 
 
 " AT LEAST, times and places above mentioned, the 
 " faid feditious fpeeches and harangues were uttered, the 
 " faid feditious books or pamphlets recommended to be 
 Gij
 
 " purchafed and perufed, the faid feditious- books cr psrri- 
 " phlets circulated and distributed, as aforefaid, and the 
 " faid wicked and inflammatory addrefs produced, read, 
 " recommended, and approved of, in manner above men- 
 ' tioned ; and the faid Thomas Muir is guilty a&or, or art 
 " and part, of all and ea^h, or one or other of the forefaid 
 " crimes. ALL WHICH, or part thereof, being found 
 " proven, by the verdict of an afiize, before our Lord Jut- 
 " tice General, Lord Juftice Clerk, and Lords Cornmiffion- 
 *' ers of Jufticiary, in a Court of Jufticiary to be holden 
 ** by them within the Criminal Court-houfe of Edinburgh, 
 " the faid Thomas Muir OUGHT to be puniihed with the 
 " pains of law, to deter others from committing the like 
 " crimes in all time coming." 
 
 The Lord Advocate in reply flated, that he was entituL- 
 ed to bring foreward every circumftance which could cri- 
 minate the Pannel, although thefe circumftances were only 
 collateral, nor in iffiie or neceflarv in the conclufion. 
 
 \jThe Clerk of Court accordingly read, the declarations, the 
 pafsports, and the other papers , which are anexed in tbe 
 appendix.'^ 
 
 When the Clerk of Court proceeded to read the letter 
 iigned J. Muir, the Pannel arofe, and faid, That he faw it 
 was vain for him to make any obje&ion, however ftrong 
 it might be in law, it was fure to be over-ruled ; but every 
 mind tinftured with humanity, would fhrink at the wanton 
 difclofure of the anxiety, and the grief of a private family; 
 efpecially when the Profecutor had himfelf admitted, that 
 the papers which he had read and propofed to read, were 
 not neceflary to the conclufion of the libel. 
 
 The LORD ADVOCATE ftated, that his conduft proceeded 
 from no idle curiofity, that the letters found upon Mr. 
 Muir would completely do away the aflertion of his anxie- 
 ty to return home, and prove the guilt attending his 
 flight. 
 
 I am convinced, faid Mr. Muir, of the reverfe. I gladlj' 
 join iffue with the Profecutor, and confent to thefe lette
 
 C 57 3 
 
 After the papers fubjoined in the Appendix, had been 
 read, the Lord Advocate declared the proof finifhed on the 
 part of the Crowa, and Mr. Muir commenced his proof in 
 exculpation. 
 
 PROOF IN EXCULPATION. 
 
 WILLIAM SKIRVING, 
 
 Depones, That it was thought proper that Mr. Mnir 
 fhould attend a meeting of the Friends of the People in Lon- 
 don ; that on this account he left Edinburgh, and went to* 
 London in January laft ; that he received a letter from Mr. 
 Muir, dated from London, mentioning that he 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 fome late circumflances which occurred in his fa- 
 mily he cannot at prefent find Mr. Muir's letter, but that, 
 according to the beft of his recollection, he thinks, Mr. 
 Muir wrote him, he was advifed by fome friends to go to 
 France, as he might have fome influence with the leading 
 people, in mitigating the fate of the King ; that while Mr. 
 Muir was at Paris, he received a letter from him, giving 
 an account of the execution, and that Mr. Muir mentioned 
 in that letter, that he would return as foon as his friends 
 ihould be of opinion his prefence was neceflary in Scotland ; 
 that he has been frequently with Mr. Muir in private, and 
 has often heard him fpeak in public, in the Societies ; that 
 he never heard him fpeak againll the conftitution, advifed 
 the people to diforder or fedition, but that he always incul- 
 cated upon them, that there was no other mode of obtain- 
 ing the propofed reform than by applying to Parliament by 
 refpedful petitions ; and that Mr. Muir never fubmitted to 
 his conlideration any plan of government ; that the general 
 tenor of Mr. Muir's Addrefs to the People in the Societies,
 
 [ 53 ] 
 
 was to imprefs upon their minds the ncceflity of good or- 
 der, and that before they attempted public Reformation they 
 fliould begin by reforming themfelves ; that he does not be- 
 lieve Mr.f Muir is connected with any Society, abroad or 
 at home, for the purpofe of exciting Fedition ; that he never 
 heard Mr. Muir fpeak againft the monarchical part of our 
 conftitution, and that he has been in his company in hi 3 
 moft unguarded moments ; that he remembers a private 
 converfation with Mr. Muir, in which he difapproved of 
 many of the principles in Paine's book, and both agreed 
 that many of them were impracticable ; that he was happy 
 to find the Pannel of this opinion, and he then told the Pan- 
 nel, that he had written on the fubject, and propofed to give 
 lectures on government; that Mr. Muir approved fo much 
 of the propo'fal, that he informed him that, for himfelf, he 
 would difpofe of eighty or a hundred tickets. 
 
 Upon the interrogation of the Lord Advocate, if he was 
 not the perfon who had deiigned himfelf, on a late occafion 
 Secretary General to the Affociation of the Friends of the 
 People ; anfwered, That it was a mere miftake in writing 
 out the Petition, for he was Secretary to the General Af- 
 fociation of the Friends of the People. 
 
 Being interrogated by Mr. Muir, if he remembered the 
 tenor of the anfwer which he propofed in the Conven- 
 tion to the Addrefs of the Society of United Irifhmen in 
 Dublin, depones, That he cannot recoiled. 
 
 JAMES CAMPBELL, 
 
 Depones, That in the beginning of laft winter, he acted 
 as aget for Mr. Muir ; that while the Pannel was in 
 France, he received from him two letters from Paris, which 
 he produced, and likewife had received another from Ca- 
 lais, upon which at prefent he could not lay his hands. 
 Thefe two letters were read by the Clerk of Court, and are 
 fubjoined in the appendix. They exprefled Mr. Muir's wil- 
 lingnefs to return home whenever it mould be neceflary, but 
 at the fame time his regret for fo foon leaving an amiable fet
 
 59 f 
 
 of acquaintances, with whom his friendfhip was jufl com* 
 licencing. 
 
 Upon the Pannel's interrogatory, he depones, That he 
 never heard him attempt to excite the people of the Socie- 
 ties to fedition or outrage ; that he exhorted them to avoid 
 riotous conduct, to behave orderly, peaceably, and, above 
 all, to attend to the moral characters of thofe whom they ad- 
 mitted members ; that he alfo remembers Mr. Muir's opi- 
 nion of Mr. Paine's book was, that it might be dangerous 
 for people of weak minds. 
 
 JOHN BUCHANAN, 
 
 Depones, That he has often heard Mr. Muir fpeak in 
 the Societies ; that he never advifed fedition, riot, infur- 
 rection, nor unconflitutional meafures, but, that they 
 mould aft peaceably and orderly ; that he faid, the conflitu- 
 tion ought to direct all their applications to Parliament ; and, 
 that he ufed to fay in converfation, that the conflitution. 
 ought to be to us the polar flar, and that we ihould begin 
 our Reformation by firfl erecting among ourfelves the tem- 
 ple of morality ; that he had more fenfe than to think of pro- 
 curing a redrefs of grievances by any other than conflitu- 
 tional meafures ; and that he does not remember of hearing 
 him give any opinion upon Paine's books. 
 
 WILLIAM JOHNSTONS, 
 
 Depones, That the principles of Mr. Muir were firmly 
 for fupporting the conflitution as it flood at prefent ; and 
 that all the other pinciples, held by him, grew out of this 
 one ; that Mr. Muir never advifed tumult, but recommend- 
 ed fobriety, and faid, that nothing would do but an appli- 
 cation to Parliament by way of a Petition ; that it is incon- 
 fiflent 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 fubjecls, 
 but that he remembers Mr. Muir expreiTed in them his in- 
 tention of returning home ; that he had fought for thefe 
 letters but could not lay his hand upon them.
 
 C 60 -j 
 
 MAURICE THOMSON, 
 
 Depones, That he once heard Mr. Muir in a fociety of 
 the Friends of the People deliver a fpeech, but does not re- 
 member much of it ; that he heard him fpeak about reform, 
 meafures which were conftitutional, and the neceffitj of 
 being moderate, and never beard him advife the people to 
 excite difturbances. 
 
 CHARLES SALTER, 
 
 Depones, That in focieties he has heard Mr. Muir fpeak; 
 three or four times ; that he exhorted them to conflitution- 
 al meafures, peace, and order. 
 
 PETER WOOD, 
 
 Depones, That he has heard the Pannel fpeak in focie, 
 ties, and jmprefs upon them the neceflity of petitioning the 
 Houfe of Commons ; that he never heard him fpeak againft 
 the King or Houfe of Lords ; that he never faw him dif- 
 tribute any books or pamphlets ; andthatjhe heard him fay; 
 110 members moujd be admitted into the focieties who were 
 inclined to faction. 
 
 DAVID DALE, JUN. 
 
 Depones, That he has feen Mr. Muir at the Star Inn at 
 Glafgow, in meetings of the Friends of the People ; that 
 he remembers a motion was made, that books mould be 
 recommended to the fociety ; that this motion was oppofed 
 by Mr. Muir, who argued, that moil books were written 
 too much in the fpirit of party ; that no truth could be got 
 from them, and that the only way to procure knowledge 
 was by general reading ; that he advifed the people to in- 
 form themfeves on both fides of the queftion; to feek re- 
 form by meafures calm and conftitutional ; and that they 
 had no other mode of obtaining it than by petitioning Par- 
 liament ; that he never heard him fay any thing which had 
 a tendency to excite fedition ; and that he always advifed 
 the people to be <juiet and orderly } that he never knew of
 
 his distributing books, or recommending Paine's Works ; 
 and that he advifed the Friends of the People to expel aaj 
 member who might behave feditioufly or disorderly. 
 
 Being interrogated by the Lord Advocate, depones, That 
 it was at a meeting of the Friends of the People, at the 
 Star Inn, that he heard Mr. Ivluir oppofe the recommend- 
 ing of particular books ; that he does not recollect the par- 
 ticular month when this occured. 
 
 Being interrogated, if he recolle&s when Mr. Muir was 
 firft apprehended, depones, he could not precifely. Being 
 aiked, if he thought it was in the month of January, or in 
 any of the fucceeding months ; depones, he could not be 
 pofitive, but thinks he might have heard it about five 
 months ago. Upon which the Profecutor obferved, he had 
 a very fliort memory ; to which the witnefs affented. 
 
 WILLIAM RIDDELL, 
 
 Depones, That Mr. Muir always advifed peaceable and 
 conftitutional meafures ; that he does not remember of 
 hearing him recommend any books in particular ; that he 
 never faw any diforder in the meetings of the Friends of 
 the People, and that he does not recoiled Mr. MuirCTH* 
 vifing to petition Parliament. 
 
 WILLIAM REID, 
 
 Depones, That he is a bookfeller in Glafgow, and acYs 
 in the company under the firm of Brafh and Reid ; that he 
 remembers to have aiked Mr. Muir's opinion about the 
 propriety of felling Paine's book ; that Mr. Muir faid it 
 was an improper book, and that in felling it there might 
 be danger. 
 
 Upon the interrogatory of the Profecutor, depones, that 
 Mr. Muir gave him this advice a few days before Mr. Ho- 
 neyman, the fheriff of the county, came to take precogni- 
 tioas concerning that bc:\;. 
 
 H
 
 GEORGE WADDEL, 
 
 Depones, That he has been at meetings of the Societies? 
 of the Friends of the People in Glafgow ; that at one of 
 thefe meetings, he remembers Col. M'Ltod and Mr. Muir 
 being prefent ; that when a motion was made for recom- 
 mending particular books, both Col. M'Leod and Mr. Muir 
 oppofed it, as in moft books there was too great a mixture 
 of truth and falfehood ; that the only books which he re- 
 members them to have recommended, were, Blackftone's 
 Commentaries upon the Laws of England, and Erlkine's 
 inflitutes of the Laws of Scotland ; that Mr. Muir advifed 
 moderate meafures ; that this was the continual fubjVft of 
 his difcourfe ; that he faid he would glory to have the table 
 of the Houfe of Commons covered with petitions ; that he 
 fpoke to Mr. Muir about an addrefs of congratulation to 
 the French, in imitation of Dundee, but that Mr. Muir dif- 
 approved of it. 
 
 JOHN RUSSEL. 
 
 After this witnefs had been fworn, the corriraon queftion 
 was put to him, if any perfon had inftrufted him what to 
 fay, He anfwered ; None, except to tell the truth. Being 
 alked who inftrucled him fo. He replied, he could point 
 out no perfon in particular, but that it was the general ad- 
 vice of all to whom he fpolie. He was obliged to produce 
 his fummons to be a witnefs, and it appeared that the cita- 
 tion had been given him four days only before his examina- 
 tion. He was informed by the Court, that any who fpoke 
 to him, muft have done fo in the interval of thefe four days, 
 and that therefore it was impoffible that he could forget all 
 their names. The witnefs replied, that the general inftruc- 
 tion to /peak tbe truth was fo common, that he could not .re- 
 member at prefent, any particular perfon who had given it. 
 
 The LORD ADVOCATE moved, That the witnefs fhould be 
 committed to prifon for prevarication ! 
 
 Mr. Muir arofe, and attempted to fpcak in defence of
 
 C 63 3 
 
 ilie witnefs, but as he was beginning, was interrupted bj 
 the Court, who commanded him to fit down, as he had no 
 right or title to interfere in the bufinefs. 
 
 LORD HENDERLAND gave his opinion: Every appearance 
 was againft the witnefs ; that he wifhed to conceal the truth ; 
 that he merited punifliment, and fhould be committed to 
 prifon for a certain period. 
 
 The reft of the Judges concurred with Lord Henderland ; 
 and Mr. Ruffel was committed to prifon for the term of 
 three weeks, as guilty of concealing the truth upon oath. 
 
 JOHN BROCK, 
 
 Depones, That he was at one meeting of the Friends of 
 the People, in the Star Inn at Glafgow, where he heard Mr. 
 Muir recommend adherence to the Conftitution, and to 
 good order, and that he declared, he would leave the Friends 
 of the People, if ever they fliould proceed to riotous mea- 
 fures ; that he has heard him fpeak of books of the Law, 
 but cannqt be pofitive to any in particular, only, he thinks 
 he remembers to have heard him mention a work of Mr* 
 Locke's. 
 
 WILLIAM CLIDDESDALE, 
 
 Depones, That he never joined himfelf to any Society of 
 the Friends of the People, but that he is a member of the 
 Society in Glafgow, for the Reform of the Boroughs ; that 
 tbout the 1 3th December lail Mr. Muir, when the witnefs 
 was prefent, vifited that Society, faid that the Borough Re- 
 formers had made great exertions ; recommended to them 
 perfeverance, firmnefs, and meafures which were peaceable j 
 that he did not exhort them to riot or infurredion ; that he 
 remembers of hearing Mr. Muir obferve, that fonje things 
 in Paine's book were extremely good, and fomethings im- 
 pi afticable ; that he heard him run down Liberty and Equa- 
 lity, as it implied violation of property, and affigned, that 
 a divifion of property was a chimera which never could exift.
 
 [ 64 1 
 
 GEORGE BELL, 
 
 Depones. That in the Society of the Friends of the Peo- 
 ple at Glafgow, he has ?icard Mr. Muir fpeak, and that he 
 has heard him declare that he would admit no members in- 
 to the fociety, but fuch as acknowledged the King, Hoiife 
 of Lords, and Houfe of Commons ; that he never heard him 
 fpeak agaii.il the Confutation, and that he did not recom- 
 mend any books iu particular, but only fuch books in. gene- 
 ral as would inform their minds, and render them better 
 members of Society. 
 
 REV. DANIEL M'CARTHUR, 
 
 Depones, That he remembers to have had a converfation 
 with Mr. Muir in the CoiTee Room at Glafgow, in the 
 months of September or October lad ; that he faw Mr. Muir 
 and another gentleman walking together ; the gentleman 
 having gone away, Mr. Muir came up to the witnefs, and 
 faid, that the perfon with whom he had been, was Chair- 
 man of the Society of the Friends of the People in Edin- 
 burgh; that the witnefs faid to Mr. Muir, Do you not think 
 this a wrong time for to infift for a Reform in Parliament ? 
 To which Mr. Tviuir anfvvered, That he thought it a proper 
 time, as the country enjoyed the bleffings of peace, that 
 there was no comparifon betwixt this country and France ; 
 that in France, theyjhad fought a revolution, and had brought 
 it about, but that in Britain we wanted no Revolution, but 
 only a moderate Reform. 
 
 JAMES M'GIBBON, 
 
 Depones, That he was a member of the Society of Re- 
 in Caaipfie ; that Mr. Muir came there, and that he 
 . numeric! zr.y bor ks in particular, nor did he fpeak 
 cr, Houfe of Lords, or Houfe of Commons. 
 
 ROBERT HENRY, 
 
 ::ie;;iber of the fame fcciety with
 
 [ 65 ] 
 
 the preceding witncfs ; that Mr. Muir came there ; that he 
 fpoke of no books in particular, and heard him fay nothing 
 againft the King, Lords, and Commons, but that he re- 
 commended peaceable meafures. 
 
 WILLIAM ORR, 
 
 Deponed, That Mr. Muir and Colonel Dalrymple came 
 to Paifley ; that in the company of the witnefs they vifited, 
 and addreiTed the different focietis of the Friends of the 
 People there ; that Mr. Muir, in his fpeeches, inculcated 
 a firm attachment to the King and Conilitution ; that he 
 recommended peace and regularity, and reprobated riot and 
 fedition ; that he exhorted the people to be fteady, and to 
 purfue their object by all legal means ; that after having 
 gone through the different focieties, Mr. Muir, Colonel 
 Dalrymple, and the witnefs, went to Sinclair's Inn, in 
 PaiOey; that in the coiirfe of private converfation, he 
 heard Mr. Muir fay nothing againft the King and Conilitu- 
 tion, but that he heard him fay, that the King was the beft 
 of princes. 
 
 JAMES CRAIG, 
 
 t)epones, That in the focieties of the Friends of the Peo- 
 ple in Paifley, he heard Mr. Muir declare, that the Con- 
 ftitution was a good conftitution, and that the King was the 
 friend and father of his people. 
 
 JAMES RICHARDSON, 
 
 Deponed, That he is a member of the fame fociety of 
 the Friends of the People in London of which Mr. Grey is 
 a member ; that he is not a member of any fociety of the 
 Friends of the People in Scotland, but that he was prcfent 
 at a meeting of the Friends of the People in Glafgow, when 
 he heard Mr. Muir exhort the people to keep by the Con- 
 ftitution, and that if any of them were againft it, they 
 fhould be expelled ; that in a mafterly manner, he expofed 
 Liberty and Equality if it implied divifion of property, and
 
 C 66 ] 
 
 thnt he faid fuch a fyftem was totally impracticable, and he 
 ufed every argument to excite the people to keep to the 
 Old Couftitution. 
 
 Mr. MUIR now declared, That he had finifhed the proof 
 in exculpation ; that it was in his power to adduce many 
 more whnefles, but that he deemed it totally unneceflary. 
 
 The-LoRD ADVOCATE then rqfe and addrefled the Jury, 
 Gentlemen of the J'ury, 
 
 It is my duty, now, to require your mofl attentive and 
 deliberate confideration of what you have heard. The mo- 
 ment is come, when the truth or falfehood of what is laid 
 to the charge of the Pannel at the bar, is to be afcertained. 
 Jle is a man, who, under the pretext of a reform, as I fliall 
 afterwards (hew you, has been fowing mifchief and fedition ; 
 he appears here before you, after being a fugitive from his 
 country ; and it is now that by your verdift, a verdict 
 which is uocontroulable, and from which there is no ap- 
 peal, his guilt muft be eftablifhed, or the imputation 
 thrown out againft him, completely wiped away. It is a 
 moment which I have long wifhed to fee ; for during the 
 circumftances which occurred laft winter, among the nu- 
 merous lift of offenders who appeared, this is the man who 
 of them all appeared to me the moft criminal, and whom 
 I moft wifhed to lay hold of; he in every thing betrays a 
 mcfi. decided fpirit againft the Conftitution, and all under 
 the veil of Parliamentary Reform. 
 
 This country has feen many inftances of pernicious ef- 
 fecs of feditious writings and conduct, but I am perfaaded 
 a wider range of diabolical mifchief will appear in this man, 
 than ever was feen in England, or any where elfe. Who 
 could believe that a man of a liberal education, an Advo- 
 cate at this bar, could be found among villagers, and ma- 
 nufacturers, poor and ignorant, for the purpofe of fowiflg 
 fedition and difcontent ? 
 
 The charges againft the Pannel -are divided into three
 
 heads, all centering, however, in the general charge of ex- 
 citing fedition and difcontent, by various fteps of conduL 
 He has circulated Paine's Works, a book which one of his 
 witnefies fays, he declared to be dangerous to weak minds, 
 with an obflinacy and pertinacity, which plainly indicated 
 that his wifti was to alter or overturn the Conftitucion. 
 He went to Kirkintilloch and Campfie, carrying Mr. Paine 
 with him, and advifed the conftituting of meetings, which, 
 without him, would never have been eftablifhed ; he came 
 like the daemon of fedition, recommending that club go- 
 rernment, which has produced all the anarchy we fee in 
 France, and which cannot be fupported in any well efta- 
 bliflied government. 
 
 He has been in a convention of people, calling themfelves 
 Reformers ; but the fpirit of the people {hewed itfelf, and 
 it no longer exifts : he in that meeting endeavoured to fup- 
 port and defend a paper coming from our filler kingdom : 
 It came from the Society of United Irifhmen, highly fedi- 
 tious, if not treafonable ; and yet he was the ringleader to 
 produce, to read, and approve. 
 
 Thefe three charges, then, Gentlemen, which unite 
 themfelves in one, that of exciting difcontent againfl Go- 
 vernment, have been brought with deliberation ; and, it is 
 now my duty to fliew you, have been eilabliihed by the 
 evidence. 
 
 I vviih to have the opinion of a refpeciable Jury on the 
 fubjecl. Whether fedition is a crime of the deteilable na- 
 ture I reprefent it ? I bring forward the arm of juftice to 
 fupprefs it ; and it is in your power to invigorate it, or 
 palfy it in a moment. 
 
 Gentlemen, as the charges are threefold, the evidence 
 muft be of three kinds. I fhall fpeak of each in their order, 
 and I rrmil fay, that if ever a ftrong body of evidence ap- 
 peared in a difficult cafe, it is to be leen here. 
 
 The firft charge is, making feditious fpeeches and ha- 
 rangues, and encouraging improper meetings. To fupport 
 rhis, \ve find that he went to Kirkiarilioch and Camnfie,
 
 C 63 ] 
 
 and recDrnmended improper publications to enlighten their 
 minds ; but in this he does rot appear to have been very 
 fuccefsful, if we take the Vice Prelident as an example of 
 their influence. The evidence here reits chiefly on John- 
 Jlon and Freeland, particularly Johnjion, and we fhould re- 
 mark the mode in which he gave his evidence, he was calm, 
 accurate, and clear. He and Free/and agree that the Pan- 
 nel fpoke of the fuccefs of the French arms : With what 
 motive could he difcourfe on fuch a fubjecl to weak, unin- 
 formed, illiterate people, but to fulfil his feditious inten- 
 tions ? He talked of the weight of taxes. Gentlemen, we 
 mav fee thefs burdens lightened; but if this gentleman's 
 mode of doing it were to go on, what fort of relief we 
 fhould have by the diminution of our taxes and the pay- 
 ment of our debt, are topics of which you will judge as you 
 ought to do. He faid that their taxes would be lefs, if 
 they were more equally reprefented, and that from the 
 flourifhing Hate of France, they could not bring their goods 
 to market fo cheap as Frenchmen. What could pofliblybe 
 more calculated to produce difcontent and fedition ? Had 
 fuch focieties previoufly -exifted, the cafe would have been 
 different ; but he appears as the ringleader, he was there 
 on the Tuefday preceding, converfing about it ; he cams 
 to the meeting and harangued them ; he adjourned with 
 them afterwards to Wallace's : Can any evidence be more 
 connected or more clear that he was the main inftrument ? 
 The fecond charge is the circulating feditious books, con- 
 taining the pafTages libelled in the indictment, which you 
 may read. Freeland is again an evidence here ; and I mufi 
 obferve, that it appears to be doubtful, whether he told 
 all he knew ; from his face he plainly prevaricated ; and, 
 when clofely queftioned, the fweat broke upon it. He 
 told you the iloryof getting Paine's book out of Muir's poc- 
 ket. I may here obferve, that fuch a mode of circulating 
 a book is that which a man in his fituation will naturally 
 adopt ; he will not go on openly, but privately, and under 
 rarious pretexts j by his fruits muft you know him ; you
 
 [ 6 9 3 
 
 xnuft compare his actions \vith his profelSoDS, and then 
 judge. 
 
 We have evidence of his recommending and buying the 
 Paiiley Declaration and other books, \vhich go to prove he 
 is tainted from head to foot, and is as unworthy to live 
 under the protection of the law as the meaneft felon. 
 
 You would obferve his conduct, Gentlemen, on Anne 
 Fifher leaving the foot of the table. What can be laid to 
 her charge ? her evidence was clear and correct, and was 
 founded on the heft bafis, her's being confirmed by the tefti- 
 mony of others. But what was his conduct ? the only 
 thing, indeed, which he could do, an endeavour to make 
 her teftimony by an illiberal and unfounded infinuation, 
 that we procured our information only from domeftics. 
 
 To what then amounts her teftimony, which {lands be- 
 yond a doubt : That me was fent repeatedly from her maf- 
 ter's houfe, the Pannel's father, who I underiland is a ref- 
 pectable man ; far be it from me to attach any criminality 
 to him ; the Pannel has the miferable reflexion that the 
 diftrefles which have embittered the lives of his parents 
 have been brought on by himfelf ; that me was fent re- 
 peatedly to buy Paine and other works for country people 
 that came into the {hop, who by this man's perfuafion znuft. 
 joat with their mifeiable fixpence to purchafe Paine's Rights 
 of Man; that he ufed conilantly to be reading feditious 
 publications in the back mop. It was there, in that cathe- 
 dral of fedition, he fat like a fpider, weaving his filthy web 
 to catch the unwary. 
 
 The witnefs fpecifies the people to whom he procured 
 Paine's book his own uncle, John Muir the hatter, Bar- 
 clay the elder, and Wilfon the barber. I have produced 
 all of them in fupport of the girl, except the uncle, whom 
 I declined making an evidence againft his nephew. He ad- 
 vifed Wilfon, who completely fupported the girl in this, 
 to keep a copy in his mop to enlighten his cuftomers minds j 
 for that it confuted Burke entirely, Mr. Burke, a man 
 I
 
 I 
 
 [ 70 J 
 
 whofe wonderful talents and genius have lately been fo mti'cfr 
 exerted in the fervice of his country. 
 
 From thefe circumftances I have only to defire you ta 
 look at Paine's book, at the paflages in the indictment ; 
 and if you are loyal to your king, if you are loyal to your 
 country, and would preferve it, you will find this man 
 guilty, who has given fo decided an opinion in favour of 
 that wretched outcail. His works I never read till my of- 
 ficial duty compelled me to it ; I need not give my opinion* 
 of it ; the determinations of courts of law, and the unani- 
 mous opinion of the country, have marked the deteftation. 
 in which they are held. 
 
 [His Lorditip here read feme of the paflages in the in- 
 di&ment.] 
 
 What avails then, Gentlemen, all this evidence of at- 
 tachment to the king and conftitution, when he unequivo- 
 cally approves fentiments fuch as thefe ? We are told, in- 
 deed, by one of his whuefles, that he advifed him not to- 
 fell Paine ; but unfortunately the anfwer given to the quef- 
 tion put to him upon his crofs examination, proves that 
 they were not his real fentiments, but for fear of danger, 
 as the book began to be taken notice of. 
 
 We find from the evidence of the girl Filher, that the 
 very organift could not pafs the houfe of this oracle of mif- 
 chief, without being deiired to play ^a ira. 
 
 He ufed to fay too, that, if every man had a vote, he 
 would be member for Calder r and members would have 
 thirty or forty millings a-day. All thefe circumftances go- 
 to prove inconteftibly, that France and French principles 
 were continually in his view, and that he aimed at the def- 
 truftion of the prefent government ; with refpeft to which, 
 however, I hope his prophecies will be as falfe, as they 
 have already been in regard to the fuccefs of tts 
 French. 
 
 I may here remark that the evidence of Fiflier appears 
 in a trifling inflance to be contradicted by the elder Bar-
 
 r 71 ] 
 
 irkiy ; but you ffeould remember the falvo with which that 
 -old gentleman chofe to premife his evidence. 
 
 I come now to the third charge, which relates to Mr. 
 Muir's conduct in the Convention. It is here inconteftibly 
 proved, that he read, approved, and defended, the Irifli 
 Addrefs. Will you approve this paper ? Will you difre- 
 gard this convincing proof of his guilt ? Be his (ludies ever 
 fo great, be his views ever fo extenfive, will you permit 
 him arrogantly to fet up his feditious opinions in oppofition 
 to the government and conftituion ? His conduct in forne 
 inftances would almoft appear to be marked with infanity, 
 were we not finding him the determined ringleader in an 
 uniform fcheme of fedition. 
 
 This, Gentlemen, finiflies my remarks upon the evi- 
 dence ; upon the evidence which I think is invincible ; but 
 there are two topics on which I muft beg to make forue ob- 
 jfervations, 
 
 Mr. Muir told us, that he was carried out of this coun- 
 try by bufinefs of importance, and that he was detained in 
 France ; and that he always wiftied to have a trial. I could 
 have no objections to his proving this: It would have ar- 
 gued fome degree of bpnour. But his profeffions are falfe 
 and confuted. He left this country under an impreffion of 
 guilt ; and lately returned, the pefl of Scotland, with the 
 fame intention as before. 
 
 The reafon of his going to France, it feems, was the in- 
 fluence he might poffibly have in faving the life of the King 
 ef France ; and he was fent there by the Friends of the 
 People. Never was I more aftonifhed than at the impu- 
 dence of this evidence. Did Skirving know or recollect, 
 that he was almoft accufing him of high treafon ? But why 
 was he interefted in this event ? It was an event, as his 
 xvitneffes tell you, that would hurt the common caufe.--.- 
 What caufe ? their intention of effecting a change in the 
 government of this country : There then he Hands a mif- 
 fionary from a fociety in this country to Fraace, a cir- 
 cumftance which greatly confirms his guilt. 

 
 [ 7> J 
 
 When the trial was coming on, I poftponed it longer 
 than I ought to have done, to give him every chance ; and 
 1 inferted it in the papers, which might perhaps reach him, 
 roaming in fome part of the world. 
 
 The fliipmafter's receipt bears date the i6th May. What 
 became of him from this date to the jift July when he was 
 apprehended. He informed nobody of his coming home. 
 How wonderful that no letter was driven by the widds or 
 impelled by the waves, to give notice of what he fays was 
 his earneft wifh. The reverfe in fad appears to have been 
 the cafe. By the Letter of J. Muir, his father, we find 
 him in Ireland, doing we know not what ; except what we 
 learn from the diploma of the worthy fociety of United I- 
 rifhmen. He is at lail apprehended returning into this 
 country, with all the infignia of {edition about him. 
 
 I have but one remark more. You may in fome degree 
 judge of a man, by the company he keeps : amongft Muir's 
 papers we find a letter here in my hand addrefled to the 
 Rev. Fifcbe Palmer, a man who is indi&ed to {land trial at 
 Perth, in the courfe of a few days, and whom mod of you 
 muft know. The impreffion of the feal too is worth re- 
 marking, a cap of liberty on afpcar, sand under is the mot- 
 to ca ira. I beg your attention, Gentlemen, to the quo- 
 tation I {hall now read from a celebrated French author, in 
 treating of the Britifli Conftitution. [The patfage his 
 Lordfliip read, was from De Lo!mc, en the Gonilitution of 
 England, from the middle of p. 534, to the end.] 
 
 I hope, Gentlemen, this cafe will be viewed by you in 
 a light fuch as this, that you will protect your King from 
 the attacks of his enemies, that you will protect this tem- 
 ple of freedom from the attempts of the factious, but par- 
 ticularly againft that man at the bar, who, has been fowir.g 
 fedition with fo liberal a hand. You BOW, however, may 
 feize him in his career, rnd by your verdift do justice to 
 your country, and honour to ypurfelves. 
 
 The Lord Advocate here finished his addrefs to the Jury. 
 He fpoke two hours and ten minutes. We are forry,
 
 [ 73 ] 
 
 that our prefent iituation lias precluded us from ftating his 
 Lordfhip's fpeech at full length, but the foregoing embra- 
 ces the moft material parts and correfponds exactly with 
 what we have already feen publifhed, and announced to be 
 " a comprehenfive, and in many parts, a literal abftra$ 
 " of the moft material parts of his Lordfhip's fpeech." 
 
 . Muir then addreffed himfelf to the Jury as follows : 
 
 Gentlemen of the 
 
 I rife, in my own defence. All that malice could devife; 
 all that (lander could circulate j has been dire&ed againfh 
 me. I fpeak with joy, and with triumph. After an invefti- 
 gation into my public tranfadtions, and into my private 
 conduct, the moft minute and the moft unexampled, which 
 ever occurred in this country j my moral char after ftands fe- 
 cnre and unimpaached. With the annonymous, the worth- 
 lefs, and the paid afiaffins of public reputation, I difdained 
 to enter the lifts. To this day I looked forward with ex- 
 pectation ; when before you, jn the prefence of Scotland, I 
 mould not merely remove the fufpicion of guilt, but mould 
 demonftrate my irafocency. I will not imitate the example 
 of the Public Profecutor, who has rimmed his pleading. 
 Sounding, and unfubftantial declamation is unfuitable for 
 you, and it is unworthy of me. This is not an hour to 
 temporize. The eyes of this country are fixed upon us 
 both. The recoi'ds of this trial will pafs down to pofterity. 
 When our afhes fhall be fcattered by the "winds of heaven, 
 the impartial voice of future times will rejudge your 
 verdict. Let faction rage ; let the fpirit of party, in the 
 prefent hour, proudly domineer. The illufion will foon 
 yanifh away. In folitude the power of recolledlion will af- 
 fume its influence ; and then, it will be material to you, 
 whether or not you have a&ed uprightly, or finned againil 
 your own eternal confcience, in my acquittal, or in my con- 
 ^ondemnatjon !
 
 [ 74 ] 
 
 Before I enter into a particular vindication of myfelf, let 
 me take notice of two circumftances, ftrongly infifted upon 
 by the Public Profecutor, which have little relation to the 
 general nature of the evidence which has been adduced. 
 Long, indeed, has he harangued upon them ; and has con- 
 cluded his fpeech by exhibiting them in every ihape which 
 his imagination could invent. He maintains, that a confci- 
 oufnefs of guilt obliged me to leave this country after aa 
 information had been filed againft me, and after I had been 
 examined by a magiftrate. I will admit the facl: of my de- 
 parture. In thefe days in thefe circumftances is that to 
 be afcribed to confcious guilt alone ? If the whole ftrength 
 of arbitrary power is extended againft an individual, is 
 there merit in expofing himfelf as a facrifice which cannot; 
 be ufeful to the country, and which may only prefent po- 
 ilerity with a new addition to the immenfe catalogue of the 
 victims of defpotifm. If two motives had only exifted to 
 which you could aijign my departure, you are bound to af- 
 cribe it to the moft charitable. But what were the circum- 
 ftances attending my departure ? Did they bear any re- 
 femblance of a flight ? Did -I not publicly announce it the 
 preceding evening in a numerous meeting of citizens? Did 
 I not caufe it to be publiihed in a public paper ? Did I af- 
 fect the garb and difguife of concealment ? In London, did 
 I remain in obfcurity? Did I not appear in a diftiziguifhed 
 Society, the Society of the Friends of the People? And -did 
 not that Society publifh afterwards a refolution, announcing 
 in its preamble my prefence among them ? 
 
 But I went immediately afterwards to France. Mr. 
 Skirviog, who was examined with regard to a letter he re- 
 ceived from me, before my departure from London, has 
 faid, in his evidence (and his words I have accurately in 
 my notes,) that I propofed to go to Paris, as it was the 
 advice OF SOME FRIENDS, and might be of fome fer- 
 vice in mitigating the fate of the late King. 
 
 The words of Mr. Skirving, " SOME FRIENDS," have 
 been curiovjiy reprefented. Ij: is ftated that thefe " fimt
 
 C 75 1 
 
 "friends" muft have been the members of that truly ?e- 
 fpeclable Society ; and it is boldly argued, that I went to 
 France as a Miflionary from that body. Nothing can be 
 
 more ridiculous. Nothing can be more injurious Mr. 
 
 Skirving never faid fo ! No perfon can, or dare, fay that 
 I ever went as a miflionary, delegated from individuals, or 
 by Societies, to any foreign power. Building then upon 
 this unfubftantial baft's of words, never uttered in evidence 
 by Mr. Skirving, nor which ever could poffibly be uttered, 
 I am accufed of a fpecies of high treafon, in correfponding 
 with a foreign power without any legal authority from 
 home. The charge of correfponding with foreign power 
 is equally ridiculous with the mifreprefentation upon which 
 it is founded ; but let it be confidered as ferious, I dare the 
 proof. 
 
 I challenge the Profecutor to adduce the fmalleil veftige 
 f evidence. 
 
 Yes ; I will admit, I wrote to Mr. Skirving' my inten- 
 tion of going to France; nor will I deny the motive. I 
 faw, in the execution of the late King, a fpscious pretext 
 to plunge the country in war, and to extend the effufion of 
 human blood to every corner of the world ! I may have er- 
 red. I may have aled from enthufiafm ; but it was en- 
 thufiafm in the caufe of man. If, at the period when it 
 was free to every perfon to publifh their fentiments upon, 
 that awful queftion, I wifhed likewife to publifh mine, 
 onn that be imputed to me as a crime ? Can the intention 
 of pleading the caufe of mercy, of individual and of gene- 
 ral humanity, be conftrued into guilt ? If it can, I am then 
 guilty. Has not the Profecutor lamented that difaftrous e- 
 vent ? And will he accufe a man who wifhed to prevent it ? 
 Who, with many friends to humanity, of every nation, 
 and of every party, in private, in public, in coaverfation, 
 and from the Prefs, exerted their abilities to ward off an 
 event which they forefaw was to iutroduce years of blood 
 and of forrow ! Eut allow, that at firfl glance, my depar- 
 ture from Scotland ; my journey to Paris, afforded a pre-
 
 [ 7* 3 
 
 {iimption of guilt ; that preemption is obviated by my 
 RETURN. 
 
 The Profecutor has boafted of his humanity, in granting 
 me the delay of a few weeks, by poftponing ray trial, in 
 order that I might return from Paris. But was be igno- 
 rant that hoftilities at flat time were commencing that the 
 communication was clofed ; that it was tedious and 
 difficult to procure paifports. Of that difficulty no per- 
 fon here can poffibly have any doubt. 
 
 Do not all my private letters, which have this day beert 
 read, prove my uneaiinefs upon account of the delay, and my 
 anxiety to return ? But, at the period when I procured my 
 paflport, the flames of war -were blazing over mofl of 
 Europe I knew only two ways by which I could pof- 
 fibly return home. The firft, by the way of Hamburgh ; 
 the fecond by the longer, but the more certain circuit of 
 America. I adopted the latter, as more fafe, and kfs li- 
 able to interruption. I left Paris. I went down to the 
 port of Havre-de-Grace. I found a veflel which was to 
 fail for New York The receipt found in my pocket 
 book, when I was Hopped upon my landing in Scotland, 
 from the mailer of that veflel for the payment of my paf- 
 fage, proves that I had a&ually taken my paSage in that 
 ihip. That veffel, in taking in her freight, and by an 
 embargo, was detained for near three months. Iii 
 this interval, another American fhip, the Hope, of Bal- 
 timore, arrived. The Captain was to touch in at Bel- 
 faft, in Ireland, for part of his cargo, on his return to A- 
 merica. This I confidered to be a fortunate accident. I 
 immediately embraced this opportunity of returning by the 
 way of Ireland Co my country, not to implore favour, not 
 to aflc protection, but to DEMAND juftice. To pafs from 
 France, to any of the dominions of Britain, I had no pair- 
 port, my palfport was to Amerjcia. I braved every dsn- 
 ger. After a ftiort paflage I was landed in Ireland. There 
 I remained no longer than nine days. I concealed not my 
 name, I appeared publicly, and in the places of moil pub-
 
 t 77 1 
 
 lie refoft. To all I announced my fituation and intentiori, 
 The Profecutor has either defignedly, or ignorantly, laid 
 hold of the cireumftance of the indorfation of the munici- 
 pal officers of Havre-de-Grace, upon my paffport. The 
 Department of Paris granted me a paffport in the end of 
 the month of April, and I arrived at Havre on the 3d or 
 4th of May. The firft ftep which a ftranger is obliged to 
 take, upon arriving at the place of his deflination in France, 
 is to proceed to the Municipality, to mew to them the pail-" 
 port from whence he came, to have it revifed and attefted 
 by them, in order to enjdy fecUrity within their jurifdic- 
 lion. The indorfation, as I have ftated, of my Parifian 
 paffport, by the municipal officers at Havre, is of the ^d 
 or 4th of May laft. From this cireumftance the Lord Ad- 
 vocate infers, that I muft immediately have found a veffel 
 to carry me home. He makes no allowance for the (late 
 of the two nations ; he makes no allowance for the difficul- 
 ties which neutral veffels have, in paffing betwixt both ; 
 and he knows nothing of the embargoes which thefe vef- 
 fels muft conflantly experience, in the different belligerent 
 ports. Well, then, fometime in the month of May I 
 muft have landed in Ireland ! Public report has faid, that 
 infurredions have been in that country. The Profecutor 
 has cried out, That I was the daemon of fedition f 
 And he infinuates, that there is a probability that I 
 was the caufe of thefe infurredttons. I frnile at the 
 ^accufation ; which he himfelf in his own rnind muft 
 deride. It could have been eafy for me, by the teftimo- 
 hies of my friends in Ireland, whom I love, and whom I 
 honour, to prove how I paffed my time. But for me to 
 dwell upon this is unneceffary. You, of the Jury, muft 
 have experienced the fame emotions, and at prefent indulge 
 the fame feelings as I do. 
 
 From Ireland, the Profecutor fays, I attempted to land 
 in Scotland in a clandeftine manner ; and fo fays (his cotn- 
 pofition) the Indictment. 
 
 In the lift of witneffes adduced againft me, I faw the 
 K
 
 names of Carmichael, the perfon who firft recognized m 
 at* ray landing at Portpatrick, and of Mr. Rofs, the magi- 
 ftrate at Stranraer, before whom I firft appeared. The 
 Lord Advocate charges rhe with coming to Scotland in a 
 clandeftine manner. He fervcs upon me, in the lift of wit- 
 nefles, the only witnefles who could prove the fact ; Carmi- 
 chael, the cuftcm-houCe officer, and Mr. Rofs the magiftrate, 
 to whom I Surrendered. I expected Garmichael and that gen- 
 tleman would have been inclofed with the other witnefles of 
 rhe Crown. I would have adduced them as witnefles t'o prove 
 that fo far from concealing myfelf, I announced myfelf pub- 
 licly, and without difguife ; fo far from attempting evafion, 
 my only anxiety was to put myfelf in the hands of the Law; 
 and under the protection of its magiftrates. The conduct 
 of the public Profecutor, is in every refpect uniform. He 
 is guilty of another piece of difingenuity, fey ferving upon 
 me in the lift of the witnefles of the Crown, the names of 
 Carmichael and Rofs. 1 could not entertain the leaft pof- 
 fible doubt, but that they were to be adduced. This was 
 an art to prevent me citing them at my own inftance. It 
 has fucceeded. I am deprived of their teftimony. But why 
 did not the Profecutor, at leaft, produce the declaration 
 which I made before the Magiftrate at Stranraer ? That de- 
 claration, freely and voluntarily emitted, would have prov- 
 ed that I came into the country in no unbecoming manner,. 
 
 Much of the invective of the Profecutor was founded up"- 
 'Cn my coming into this country hi concealment. This cir- 
 cumftance, the Indictment charges as an aggravation of the^ 
 crime. Judge then, Gentlemen, of the rectitude of the 
 Profecutor's conduct, when he declaims upon a fact which . 
 he fhrinks from proving, and which by his art in ferving 
 the lift of wiLiiefies upon me, he has prevented me from con- 
 futing. 
 
 I truft, now, you will be convinced that no eonfcioufnefs 
 of guilt led me from Scotland, no improper motive carried- 
 me from England to France ; and that no deep, and fecrec 
 intention, induced me to return in difguife te* my country-
 
 I 79 ] 
 
 The object of that return .was to demand juflicc, to wipe a- 
 way the imputation of that crime of which I now itand 
 -charged. And what is that crime ? Sedition. Is there a 
 term fo vague and fo undefined, fo familiar to power, fo fa- 
 miliar to corruption. All who ever dared to oppofe AR- 
 BITRARY POWER, and who in the hour of danger came 
 forward to faye -their country;, have been branded by the 
 epithet of feditious. The term is therefore no longer a term 
 of opprobrium. In one age, it has been applied to men re- 
 jected by fociety, whofe names were honoured by after times, 
 and upon whofe virtues, and upon whofe fufferings, th fu,c- 
 ceeding age reared the majeftie pijla.r of the confiitution. f 
 am then accufed of fedition, and I alk you of the Jury, to 
 point out the corner of this land where fedition has exifted. 
 And tell me truly where the fmalleft veftige of this crime 
 has appeared. Upon you the eyes of the people are now 
 placed. Upon your confciences the oath of God is binding. 
 Point out then to us, where the fliadow of fedition has beec 
 defcried. Have the facred rights of property been any- 
 where invaded? Has the blood of the citizens Bowed by the 
 hands of the Friends of the People ? O! No.. -But thePro- 
 fecutor has talked of the danger the People of this country 
 were in laft winter, of deep-laid plots, and of .tremendous 
 confpiracies ! and I amthe man, whom he charges as the author 
 of the whole, whom he reprefents fimilar in malignity to thp 
 daemon of mifchief ! and whom he honours with the title 
 of the peft of Scotland ! Well then, let it be fuppofed that 
 an attempt was formed to overthrow the Constitution, to 
 kindle the torch of civil war, to lead rapine and murder a- 
 long the land ; Where has the proof of this delign b.een found ? 
 Has it been difcovered in the meetings of the Friends of the 
 People, who, confcious of the purity of their intentions, af- 
 fefted no concealment, aflembled with doors open to all ; 
 and who hatched their hellifli defigns, (if fuch they were) 
 in no midnight cavern. Could in the crouds, that were 
 admitted to attend the deliberations of thefc focieties, be 
 found no ruffian, who could at leaft give a bold and manly 
 K ij
 
 [ * J 
 
 teftimony againfl them, and rgainil me? But to fupport the 
 accufation, the walls of a private houfe muft be invaded ; do- 
 meftic fecrets muft be explored, and the teftimony of a mi- 
 ferable fcullion girl, and a hair-dreffer, muft be brought for- 
 ward, with regard to words, fpoken where fufpicion themoft 
 vigilant muft have been afleep, under the guardianfhip of a 
 paternal roof. And are thefe the witneffes, who are to 
 prove againft me this mighty prime, which, fuppofing thcm^ 
 to have been honoured by my confidence, would have re- 
 quired the co-operation of thoufands of bearded men in arms. 
 Gentlemen of the Jury, Let us this night throw away 
 vain pretext : Let us a& fairly and candidly. I fmile at 
 the charge of fedition. You yourfelves are confcious that 
 no fedition has exifted in this country, and in your own 
 minds you deride the accufation. f know for what I am 
 brought to this bar, it is for having ftrenuoufiy and active- 
 ly engaged in the caufe of Parliamentary Reform ; for ha- 
 ving exerted every efrbrt, by conftitutional meafures, to 
 procure an equal reprefentation of the people, in the Houfe 
 of the People. Let not the Profecutor fculke in darknefs : 
 Let him come manfully forward, and avow the caufe which 
 has impelled him to bring me here. I will give you little 
 trouble : I will prevent the latitude of the Judges : I will 
 fave you, the Jury, from the wretched mockery of a trial, 
 the fad necemty of condemning a man, when the caufe of 
 his condemnation muft be concealed, and cannot be explain- 
 ed. Yes, I plead guilty. I openly, actively, and fincerely em- 
 barked in the caufe of a Parliamentary Reform, in the vindi- 
 cation and in the reftoration of the rights of the people. Nor 
 will I blufh to unfold to you my motives ; they are fupport- 
 ed by their own intrinfic ftrength, but they are likewife 
 held up by the great and the venerable names of the living 
 and of the dead. I contended for an equal reprefentation 
 of the people, in what I fhall ever call the Houfe of the Peo~ 
 pie, becaufe I confidered it a meafure eflentially neceffary 
 to the falvation of. the State, and to the liability of your 
 boated conftitution. Wherein then confifts the excellency
 
 [ 8i ] 
 
 *f tfeat time-tried fabric, cemented by the blood of your 
 fathers, flowing from the field and from the fcaffold. I 
 will tell you : It confifts in the due balance of its three im- 
 pelling powers, KING, LORDS, and COMMONS; if 
 one of thefe powers loies its vigour, the conilitution in pro- 
 portion lofes its vigour ; if one of thefe powers becomes 
 pnly a fhadow of what it ought to be, if it become^ 
 merged and abforbed into any of the other two, your con- 
 ftitution then alfo becomes a fhadow, and it is annihilated. 
 And do you not know, and does all the world r.ot know, 
 that if any where the proud ftruclure of the conftitution has 
 buffered the ravages of time or of corruption, it is in its 
 popular branch.. Is it not a fac~l indifputable, that the re- 
 prefentation of the people is not fuch as it once was, and is 
 not fuch, as I truit in God, one day it mall be. The man 
 then who founds the alarm, when he difcovers the approach 
 of danger, who fummons all who may be concerned in its 
 reparation, is furely no enemy to the country, no foe to 
 the conftitution, becaufe he labours in its prefervation and 
 protection*. 
 
 Such were the motives of my conduct. If I am guilty, 
 I have in my guilt many airbciates, men who now enjoy 
 the repofe of eternity, whom your fathers admired while 
 Jiving, and to whom you, their children, have erected fla- 
 tues. I have no time to run over all the venerable cata- 
 logue. But, is there a man ignorant of the illuftrious 
 Locke, and was not this fage in philpfophy, this advanced 
 
 * And, as it is eflential to the very being of Parliament, that eleflionj 
 fhould be abiblutely free, therefore all undue influences upon the eledorsar? 
 illegal, and ftrongly prohibited. For Mr. LOCKE (on Gov. p. 2. 222.) 
 ranks it among thole breaches of truft in the executive magiftrate, which, 
 according to his notions, amount to a difiblution of the government. " If 
 " he employs the force, treafure, and offices of the fociety, to corrupt the 
 '.' reprefentatives, or cner.lv to pre-engage the eledlors, and prefcribe what 
 1' manner of perfoiis {hall be choien : For thus to regulate candidates ard 
 " electors, and new-model the ways of election, what is it, favs he, but to 
 " cut up the government by the roots, and poifon the very fountain of pub- 
 " lie Jecari'y ?" blaitjkne, B.I. tb. 2. p. 1 79. Edit ion, Lend. 1787,
 
 C > J 
 
 ehampion in the caufe of liberty, and of man ; this friend 
 to the Britifh conftitution, who wrote his Treatife on Go- 
 vernment in its .defence 5 ia defence of the laft glorious re- 
 volution, by the defire of the Prince ; who was the leader of 
 the men who planned it ; was not he an advocate for a re- 
 form in Parliament, for a more equal representation of the 
 Commons in the Houfe of Commons ? Will you. venture 
 to tear the records of his fame, to ftigmatize his memory, 
 and to brand him with the epithet of feditious ? 
 
 Let us rapidly proceed down to more modern times. Let 
 us pafs over in filence many illuflrious names, whofe me- 
 mory with that of the Conftitution will peri{h together. 
 Let us come to your own days. Are ye ignorant of Black- 
 ilone ; the man who firft colle&ed the laws of his country, 
 from the deformed chaos into which they had been thrown, 
 who Arranged them with elegancy, and who adorned them 
 with every flower which the claffic field could produce ? Are 
 not the volumes of this reverend judge, in the hands of all? 
 Should they not be familiar, & lead to thofe who are cal- 
 led to decide concerning the conftitution ? And has not 
 Blackftone, not with the levity of ill-pondered words, not 
 in the private hour of relaxation, not in the heat of popu- 
 lar debate, but in the calmnefs and folitude of iludy, main- 
 tained the fame proportions which I maintain, been guilty 
 of the fame fedition of which I am guiltv, when he pro- 
 nounced that the Conftitution was imperfect, in its popu- 
 lar branch, and if any where ALTERATION was neceffary, it 
 was there to be defired. I entreat you to liften. J will 
 read you, what this befl expounder of the conilitution ha$ 
 faid. Let the words be engraved on the tablet of your 
 hearts. 
 
 " And this conftitution of fuffrages is framed upon a 
 " wifer principle, with us, than either of the methods of 
 *' voting, by centuries or by tribes, among the Romans. 
 * In the method by centuries, inftituted by Servius Tul- 
 " lius, it was principally PROPERTY, and not numbers, that 
 " turned the fcale : in the method by tribes, gradually in-
 
 4' t reduced by the tribunes of the people, NUMBERS only 
 tf were regarded, and property was entirely overlooked. 
 '* Hence tke laws paiFed by the former method had ufually 
 " too great a tendency to aggrandize the patricians or rich 
 " nobles ; and thofe by the latter had too much of a level- 
 41 ling principle. Our conftitution fleers between the two 
 " extremes. Only fuch are entirely excluded, as can have 
 " BO will of their own : there is hardly a free agent to be 
 " found, who is not entitled to a vote in. fome place or o- 
 " ther in the kingdom. Nor is comparative, wealth, or pro- 
 *' perty, entirely difregarded in elections, for though the 
 *' richefl man has only one vote at one place, yet, if his pro- 
 " perty be at all diffufed, he has probably a right to vote aC 
 ** more places than one, and therefore has many reprefen- 
 " tatives. "Ibis is the SPIRIT OF OUR CONSTITU-^ 
 44 TION: not that I ajjert it is in faEi quite fo perfett as I 
 *' have here endeavoured to defcribe it ; for, if any sfLTER~ 
 * : ATION might be wi/hed or fuggejled in the prefent frame 
 " of parliament, it mould be in favour of a MORE COM- 
 " PLETE REPRESENTATION OF THE PEOPLE" 
 
 If Blackftone then wiihed for a more equal reprefentation 
 ef the people, if he dared to publifti and to enforce his wifli ^ 
 and if I have merely done the fame, where is the difference 
 in our guilt ? But there is a difference, and that difference 
 is great. A learned profeflbr of the laws of England, in the 
 Univerfity of Cambridge, a grave writer, in the folitude of 
 his retirement, a folemn judge, upon the tribunal of Eng- 
 land, proclaiming that a reform in the reprefentaticm of the 
 people was juft, and efTential to the true fpirit of the con-. 
 ftitution ; how fuperlatively criminal muft his conduct be 
 when compared with mine? 
 
 But vengeance ceafes at the verge of the grave. There 
 factions and parties rage in vain. If I have been guiky of 
 an atrocious crime, I mall not demand the protection of the. 
 dead, I fhall not wander among the tombs, and cry for the- 
 fupport and the affiftance of thofe who cannot hear rne. but 
 I fhall loudly denv.nd the protection of the living, of mea
 
 in rank, exalted in power, and who enjoy the confi- 
 dence of their king. Can it ever be forgotten, that in the 
 year 1782, Mr. Pitt was ftained with the fame guilt? Did 
 not he preach up the neceflity of a reform in the reprcfent- 
 ation of the people ? Did not he advife the people to form 
 focieties ; and did not he countenance thefe focieties, by his 
 prefence ? I appeal to the refolutions which he fubfcribed, 
 in the Thatchtd Houfe Tavern. I atteft the motions which 
 he made for Reform^ in the Hottfe of Commons. Beware 
 how you condemn me. Beware how you brand me with 
 the oppro'brium of being feditious. At the fame time yon 
 condemn the confidential Minifter of the King. Nay mors 
 Sir, in bringing this charge againft me you accufe your 
 Sovereign ; for can it be fuppofed that he would permit 
 man to enjoy his confidence, who in the year i^z by 
 being a reformer, as I am in the year 1793, w:fiied to pre- 
 cipitate this cduntry into anarchy, defoktion, aud, inco all 
 the horrors which you have defcribed. 
 
 But if the attempt to procure a Reform in Parliament be 
 criminal, your accufatiou rcuft extend far and wide. It 
 muft implicate the Miniflers of the Crown and the loxveft 
 fubjefts. Have you forgotten that in the year 1782, thcf 
 Duke of Richmond, the prefent Commander of the fo'-cesj 
 was a flaming advocate for the univerfal right of faffiage ? 
 Do you not know, that he prefided in focieties, and like 
 Mr. Pitt, advifed an univerfal formation of fuch focieties 
 all over the kingdom ? Have you never read his famou* 
 letter to Colonel Shariwin, in which his principles, hi* 
 teftimony, to a full and complete representation of the peo* 
 pie, are indelibly recorded ? Is guilt the palling unfub- 
 ftantial faihion of the day ? Does it vary according to times 
 and to iealonSf and to circumftanees ? Shall what was pa- 
 triotifm in 1781, be criminal in 1793 ? You have honour-* 
 ed me this night, by the title of the peft of Scotland. And 
 if the fame oiTences merit the fame appellations, you mult 
 likewise liberally beftow this epithet upon the firfl Lord 
 rf the treai'ury, and upon tlie Commander of the forces*
 
 [ 85 J 
 
 But what term of fuper-eminent diftinftlon will not you, 
 the Public Profecutor ; you the Lord Advocate for Scotland, 
 appropriate to yourfelf? Were not you, not many months 
 ago, likewife a reformer ? Did not you contend and aft 
 for a more equal reprefentation of the people in the Houfe 
 of Commons ? Were not you one of thofe men, who, for 
 that purpofe, aflembled lately in this city, in what they 
 called a Conveation, and aflumed to themfelves the title of 
 Delegates from the Counties ? Were not you, yourfelf, em- 
 ployed in framing a bill for the extention of the eleftivc 
 franchife ? Every charge in your indi&ment againft me re- 
 coils upon yourfelf; in accuiing me, you charge yourfelf 
 with fedition. If it was lawful for you and your friends 
 to meet in focieties, and in conventions, for the purpofe of 
 a Reform in Parliament, unlefs the ftandard of guilt 
 flirinks and extends as caprice or power may order, it 
 furely muft have been permitted to me and my friends alfo 
 to meet, and to acl on the fame principle. 
 
 But I advance in this trat no farther, although my af- 
 fertions and my arguments are juft, yet the fubjeft of them 
 is fo connected with ridicule, as to render them not fo feem- 
 ing in this folemn trial. 
 
 Gentlemen of the Jury, If the real caufe of my (landing 
 as a -Panuel at your bar, is for having actively engaged in 
 the caufe of a Parliamentary Reform, I plead guilty. My 
 confeience, however, will whifper confolation to me under 
 my condemnation. I engaged in that caufe, for I'thought 
 the meafure was to fave the country ; that a more equal re- 
 prefentation would dry upthefources of corruption, would 
 diminilh our taxes, and ilop the effunon of our blood. 
 That fuch were my motives, appears from every part of 
 the evidence againil me. The public Profecutor Ihrunk 
 from the examination, even of the teftirnony of his own 
 witneffes. He averted his eyes from the proof, in order to 
 indulge himfelf in vain declamation and unbecoming invec- 
 tive. I will not, however, imitate his conduct. I will exa- 
 mine minutely every branch of the proof which he has ad- 
 L
 
 [ 86 ] 
 
 duced againft me ; and you will be convinced that after every 
 word and action of mine has been fcrutinized ; after even the 
 levity of the unguarded hour has been explored, and while 
 inftru&ed fpies have watched every book, had marked every 
 word, not the veftige of fedition can be difcovered. 
 
 The firft charge againft me is, That at meetings of the 
 people which I myfelf had convocated, I made feditious ha- 
 rangues; vilified the King and conflitution ; reprefented the 
 monarchical part of our government as cumberfome and 
 expenfive ; inftituted a comparifon betwixt our fyftem and 
 that of France, and did every thing to inflame the minds of 
 the people to infurreftion and rebellion. It is particularly 
 alledged that I was guilty of thefe crimes at two meetings, 
 the one at Campfie, and the other at Kirkintilloch. 
 
 To prove this charge, Alexander Johnftone is adduced. 
 You will remember, that I offered to prove that this wit- 
 nefs had exprefled himfelf in the moft rancorous terms a- 
 gainft me j that he would do all in his power to get me 
 hanged. By refpeftable witneffes, I could eafily have fup- 
 ported this averment ; but I was not allowed by the Court, 
 as I could not fpecify the particular caufe which had exci- 
 ted the malice of a man I did not know, and whom I do 
 not remember to have ever feen. But what does even 
 Johnftone fay ? I will read you from my notes the whole 
 of his evidence. Correct me if I have erred in taking 
 down any thing differently from what has been ftated. I 
 believe that my notes are accurate, but miftakes are not im- 
 poffible. 
 
 \_Hcre Mr. Muir read over the whole of the evidence. ~\ 
 What does this witnefs then fay ? He fays, that I ftated, 
 in the meeting at Campfie, the difadvantages in the repre- 
 fentation, from boroughs being rotten, and from others ha- 
 ving no vote, the population of England and Scotland, 
 the fmall number of electors in both ; and that the people 
 were not fully reprefented. And is this fedition ? Is not 
 the faft notorioufly true ? Has it not been refounded innu-
 
 [ 7 1 
 
 merable times within the walls of the Houfe of Commons 
 itfelf ? Has not the table of that Houfe been covered with 
 petitions, expreffing it in language infinitely ftronger than 
 mine ? If to Hate truth be fedition, why did our legiflature 
 (lumber ? Why ilumbered the law ; and why was not pub- 
 lic vengeance armed with the fword of juflice, when this 
 crime dared to pollute the fancluary of the legiflature, by 
 its appearance within it ? 
 
 Johnftone depones, that I faid, If a man gave 20,000!. for a 
 feat in parliament, he behoved to derive fome intereft from, 
 it. Is not the facl: true? Do not we daily know of fums of 
 money being given for feats in that houfe, and caa there be 
 a conclufion in Euclid, more certain than the inference which 
 I draw from the facl: ? It may be faid, that the Houfe may 
 be pure and uncorrupted, even although fuch fums of money 
 are given for admiffion into it ; that men may do fo in 
 order to ferve their country, or to difplay their own abili- 
 ties. Grant all this ; but have we not feen much greater 
 fums thrown away at contefled elections, by men who never 
 opened their mouths within the walls of St. Stephen's Cha- 
 pel ; whofe patriotifm never fhone forth ; and whofe abili- 
 ties were never difcovered ? The witnefs depones, that I 
 faid the Duke of Richmond had been bribed into filence by 
 20 or 30,000!. And fuppofing I had faid fo, that this was the 
 falutary opiate, which calmed and cooled the fever of his 
 brain, and probably faved him the mortification of flanding 
 his trial, alfo, for the crime of fedition ; what has this to 
 do with the prefent matter ? It is not the Duke of Rich- 
 mond, but it ib the King himfelf that 1 am accufed of vili- 
 fying. This allertion of Johnftone's is indeed too ludicrous 
 for ferious argument. 
 
 Gentlemen, before I proceed farther, let me make one 
 remark. I am to be tried by the law of Scotland ; and, by 
 that law, two witnefTes are necefTary to prove a crime. 
 This is a rule full of humanity ; but, at the fame time, by cut- 
 ting off proof, it may, and has upon fome occafions defeated 
 the ends of public juflice. If, however, the concurrence 
 Lij
 
 C 88 ] 
 
 of two witaeffes were to be rigoroufly infilled upon, it rmifr. 
 be in a cafe fimilar to mine, where their teftimony is to go 
 to words, volantia verba, neither engraved in marble, nor 
 recorded in brafs. You know the infinite variety of cir- 
 cumftances depending upon the fpeaker, the occafion, the 
 manner, the perfon to whom they were uttered, and his 
 fituation ; by which, the meaning of the fame words, can 
 be diverfified aud modified, tortured into guilt, and ex- 
 plained into innocence. By the law of England, which is 
 likewife the fame with ours in the cafe of treafon, the bare 
 uttering of words, without any overt a&, cannot be ad- 
 mitted as evidence to prove the crime. 
 
 Johnftone depones, that I compared our conftitution with 
 the French, and faid that their arms would be fuccefsful ; 
 that their reprefentation was more equal ; two thirds of 
 their debt paid, and that their manufacturers, in the com- 
 petition with ours, would have the advantage. Whoever 
 heard-before, that it was unlawful to compare the Britiih 
 conftitution with that of another country ? If the Britifli 
 conftitution is the boaft of ages, the pride and the glory of 
 the world, Can it fuffer by any comparifon ? On the con- 
 trary, -will not its fplendour brighten by the foil ? But 
 does Johnftone fay, that I gave the fuperiority to the French 
 conftitution over the Britiih ? No. Does he aflert, that I 
 exhorted the meeting to rejecl the Britifh conftitution, to 
 adopt the French, and to adopt the French as the better 
 model ? No ; not a word. What then fays he ? That 
 I merely compared the two together. Is this fedition ? - 
 Alas ! we are all feditious. Is there a man here, or in this 
 country, who has not, in his own mind, and who has not 
 in words, made a fimilar comparifon ? 
 
 Johnftone next obferves, That I mentioned, that two 
 thirds of the French national debt was already paid ; that 
 their taxes were lefs, and that I afcribed this to the people 
 being more equally reprefented. in their legiflature. I may 
 have faid fo, or I may not have faid fo. My remembrance 
 flees not carry me* Whether the facl was true, at the time
 
 [ 89 3 
 
 that I fpoke in the meeting, of two thirds of their national 
 debt being paid, and of their taxes being lefs, I know not. 
 Certain it is, before and fmce, I have often heard it to be 
 fo, in word and in writing ; but I will fay this to you, and 
 I will fay it to all Scotland, that an equal representation 
 of the people is the moft direft and falutary method to 
 diminifh and pay off the national debt ; to alleviate the 
 weight of taxes, and to remove the clogs of induftry. No- 
 thing can be truer than the inference which Johnfione fays 
 I drew, that a people equally induftrious, muft have the 
 advantage over another, who pay greater taxes, and who 
 groan under the burden of a greater debt. If I were con- 
 nected with this laft nation, I certainly would advife them 
 to take every conilitutional ftep to procure a diminution of 
 their debt and of their taxes. And what does Mr. John- 
 itone fay ? That I advifed the fociety to petition Parlia- 
 ment, and that the fole intention of thefe foeieties was to pro- 
 cure a more- equal reprefentation and a ihorter duration of 
 Parliaments. Do you fay then, that the objedt of thefe fo- 
 eieties is unconftitutional ? Or do you fay, that thefe foeie- 
 ties, in the means which I advifed them to make ufe of in 
 order to accomplifii that object, were to act unconftitution- 
 ally ? You can do neither. Under the free government of 
 Britain, every man has a right to look after thofe whom he 
 is fuppofed to delegate to the Houfe of Commons, to be 
 the arbiters of his liberty, his fortune, his life. He has 
 a right to come and Hate to them his wrongs and his appre- 
 henfions ; and the mode which the conftitution has pointed 
 ut is by petition. 
 
 Johnftone depones, that I advifed the people to confult 
 together, to communicate and diifufe their knowledge i The 
 advice was a good advice ; and fuch an advice as I would 
 give were I Hill in the fame iituation. What ! Is the time 
 now come when the mind muft be locked up ; when fetters 
 muil be impofed upon, the under ft anding, and when the 
 people, the great mafs of human being, muft be prohibited 
 to receive information, and to communicate among them-
 
 r 9 3 
 
 felves the information which they may have received. Mi* 
 ferable people Country to be deplored ! Ignorance is the 
 fource from which defpotifm flows. The remembrance of 
 former liberties will make you only more wretched. Extin- 
 guiih then (if poffible,) the light of heaven, and let us 
 grope, and let us fearch for confolation, if it can be found, 
 under the darknefs vrhich mall foon cover us. But the 
 profpeft before us is not fo difmal. We live, and we acl 
 under the Britilh conftitution. A conftitution which, in 
 its genuine principles, has for ages confecrated freedom. 
 We live, and we remember the glorious revolution of 1688, 
 which banifhed defpotifm, and placed the family of Hano- 
 ver upon the throne. We remember the Bill of Rights ; nor 
 {hall we forget one of its moft facred claufes, which decla- 
 red, eftablimed, and fanftioned the unalienable claim of the 
 .citizen to petition Parliament. Now, as members of the 
 Britiih conftitution, acling under the Bill of Rights, how 
 ihould otir conduft be fhaped ? Do we complain of general 
 grievances, fuch as, an unequal reprefentation of the peo- 
 ple ? It would be arrogance in a part to fpeak the language 
 of the whole. Let thofe, then, who feel moft fenfibly the 
 preflure of this general grievance, not prefume to complain 
 for the nation, but confult the nation. And how are they 
 then to confult the nation, but by bringing the people to- 
 gether in focieties, to deliberate and to refolve ? Would 
 you wifh the people to aft unadvifedly. Would you pro- 
 pofe they ihould carry petitions to the doors of the Houfe 
 of Commons, without knowing the real fignincation of the 
 import of thefe petitions ? Let us apply to our political con- 
 duft a rule fure and unerring in private life. Think ; deli- 
 berate before you aft. An unequal reprefentation is a ge- 
 neral grievance Before we feek to obtain its redrefs, let us 
 
 inquire, in the firft place, if it is generally felt ; and in the 
 fecon.d, if redrefs is generally wifhed for. In applying for 
 a general remedy, let us firft be convinced of the general 
 difeafe. Without this, a few faftious may prefume to fpeak 
 for the cation j may impofe upon the weak, and may plunge
 
 the many into inextricable co.nfufion and mifery. The 
 great proportion, then, which I maintained is, that the peo- 
 ple Ihould confult together ; that they Ihould form themfelves 
 into focieties ; for it is only by fo doing that they can con- 
 duct themfelves with wifdom, and hope for fuccefs. 
 
 The Bill of Rights declared the unalienable, imprefcrip- 
 tible right of the people to petition Parliament, and if you 
 condemn me for advifing the people to petition with reflec- 
 tion, with united and general deliberation, for redrefs of 
 general grievances, ye tear the record of our liberties, and 
 fcatter the fragments where they never can be collected. 
 
 In advifing then, even according to Johnftone's evidence, 
 the people to inform themfelves, reciprocally to communi- 
 cate their information, and then wifely and deliberately to 
 petition Parliament, you do not condemn me, but you tram- 
 ple upon their liberties, and you profcribe the conftitu- 
 tion. If I declared, at the meeting of Campfie, that the peo- 
 ple mould adopt every mean to inftruct themfelves with re- 
 gard to their political rights, I declare and I inculcate the 
 fame now before you, and before this great audience. 
 
 Hear farther what Mr. Johnftone fays. I have his words 
 accurately in my notes. I advifed the fociety to get ALL 
 the political pamphlets from a neighbouring bookfeller. 
 The advice was a right advice. I did not lift myfelf under 
 the banners of faction. I combated neither for miniftry 
 nor for oppofition, for the ins nor for the outs ; I fought 
 in the caufe of truth, and how is that caufe to be fuccefs- 
 ful, but by general, complete, and impartial information 
 of the different arguments, advanced upon either fide of the 
 great queftion of Parliamentary Reform ? Gentlemen, re- 
 member who the witnefs is, who brings forward this im- 
 portant truth in my favour. It is Alexander Johnftone, 
 the firft witnefs adduced by the Profecutor, againft whom 
 I objected on account of the expreflions which he had ufed 
 indicating his intention to ruin me, which by refpectable 
 witneffes I offered, inftantly, to prove, but which proof was 
 not allowed by the Court. When this man fpeaks what is
 
 C 9 J 
 
 flrongly in my favour, you cannot fufpeft him ; nay more, 
 what he has faid, affords a clue to my conduct. Fond of 
 reading myfelf, purchafing, for information, almoil every 
 new publication, was it not natural and juft for me to re- 
 commend a fimilar line of conduct to men, who, from their 
 union, were enabled to defray the expence ? If I had been 
 the tool of party and of factions ; if truth had not been mj 
 object, I would have faid to this fociety, purchafe not 
 the book* which are written againft Parliamentary Reform ; 
 they are merely the productions of pensioned hirelings j 
 but read every treatife written in its defence. -Thefe are 
 the productions of enlightened, and of philanthropic men, 
 and they are flarnped by the fignature of genius.' You will 
 remember what the witnefs has faid upon the interrogatory 
 of the Solicitor General, relative to what I mentioned con- 
 cerning the King, Lords, and Commons ; What was the reply 
 of the witnefs ? It was this, that I faid, the conftitution 
 ought to confift of King, Lords, and Commons. Is this vi- 
 lifying the Monarchy ? Is this reprefenting that part of the 
 government as expenfive and cumberfome, as the indict- 
 ment fets forth ? Is this inflaming the minds of the people, 
 and exciting them to infuirection and rebellion ? 
 
 This witnefs has likewife deponed to a remarkable fad. 
 J will ftate you his words accurately. If I am in error, you 
 will correct me from your notes. " In that meeting there 
 " was mention made of Paine's Rights of Man, but not by 
 " Mr. Muir. One man in the fociety, not in a public nan- 
 " aer, but to his neighbour privately; faid, that he had read 
 " Paine's Works.'' What was that to me ? And fuppoling 
 I had overheard this man ufe thefe words ; could I be 
 blamed for merely pofleiling the facuky of hearii-g ? DC s 
 Johnftone fay, thatj participated in this private converfa- 
 tion ? He fays no- fuch thing. Does he fwear that I recom- 
 mended Paine's Works, or introduced the mention of them 
 ir, the meeting ? No. How then is the other charge in the 
 indictment fupported by the teftimony of this witnefs ?
 
 [ 93 ] 
 
 of my advifmg the people to read feditious books, and cir- 
 culating fuch among them. 
 
 Johnftone has told you, that moft of thofe who compofcd 
 this meeting were weavers,moftly young men from eighteen to 
 twenty years of age. What is the inference which the Lord 
 Advocate has deduced from this ? I blufh to mention it.- 
 That people, in that fituation, and at that time of life, have 
 no right to interfere in public affairs ! People in that fitua- 
 tion IWhat fituation ? Who compofe the great mafs of foci- 
 ety? Who fupport the State? Who contribute to its wealth? 
 Who muft fight in its defence ? People at that period of 
 life ! -'What period? When the heart is uncorrupted; when 
 the foil is beft prepared to receive good feed, and \vhen the 
 feelings of the mind can be moft eafily led over to the fide 
 of virtue and humanity. Becaufe the majority of the mem- 
 bers of that fociety might be weavers, they muft be held 
 up in derifion ! Becaufe the majority of them might be 
 young men, they muft be cenfured for prcfuming to inle- 
 reft themfslves in the happinefs of that country in which 
 they were to fpend their future days, and whofe conftitu- 
 tion was to operate upon their future lives ! But you have 
 een feveral of the members of that fociety, and thofe too 
 adduced by the Profecutor, (Mr. Johnftone in the number) 
 and did you think them fo young, fo frivolous, and fo ill- 
 taught as he reprefented ? This is a matter which regards 
 you, as you were the witnefies, and you muft judge for 
 yourfelves. Finally, hear the conclufion of the depofition 
 of this witnefs, which ftates, " That I recommended peace 
 " and regularity to the meeting, and obfcrved that any tu- 
 " mult or diforder would ruin their common caufc ;" and 
 that I told them, " there was no other mode of procuring 
 " rcdrefs, but by applying to Parliament ;" and that I re- 
 commended to them " to beware of admitting any immoral 
 " characters as members." 
 
 The next witnefs adduced for the Profecutor, is Robert 
 Waddell, vice prefideat of the fociety at Kirkintilloch, 
 M 

 
 [ 94 } 
 
 who fwears to the particulars which occurred aft the fame 
 meeting, in which the preceding witnefs was prefent. 
 
 [Mr. Mulr then read over bis nvtes of 'this witnefs' s depo~ 
 fition."\ 
 
 In What refpeft does this witnefs criminate me ? Does 
 he not agree precifety with Johnftone, concerning my gene- 
 ral conduft. I am accufed of vilifying the King and confti- 
 tution ; and what dots this witnefs fay ? That I made a 
 fpeech, in which I advifed regularity in their proceedings ; 
 and that they ought to proceed in a conftitutional manner^ 
 as the law now is, by King, Lords, and Commons. The 
 indictment alledges, that I fpoke and reprobated the mo- 
 narchical branch of the conflitution. But the witnefs 
 fwears, that I faid nothing about the expence of the King, 
 nor the comparative expence of the French conftitution, 
 nor the fuccefs of their arms. Gentlemen, I fpeak with 
 candottr ; it is not in my remembrance, that 1 fpoke con- 
 cerning the comparative excellency of the French or Britifti 
 conftitutions. You hear one witnefs declaring, that I mere- 
 ly compared them together j you hear this witnefs declare, 
 that I made no mention of either conftitution ; both of them 
 may have fpoken truth according to the impreilion which 
 was on their minds, but they mew you the danger of truft- 
 ing to the memory of witnefles, when it relates to words 
 fpoken in the warmth of a public difcuffioti, and attempted 
 to be reeolle&ed after the lapfe of many months. But give 
 whatfoever degree of ftrengh you chufe to Johnftone's evi- 
 dence, draw from the comparison, which I inflituted be- 
 tween the French and Britifh conftitutions, an inference as 
 highly criminal as you poffibly can ; the teftimony of that 
 man is completely overthrown by this witnefs. Mr. Wad- 
 dell has ftated to you what paffed after, the meeting was fl- 
 yer, in private Company, in the unguarded hour, when 
 the mind dreads no danger, and when vigilance is afleep* 
 Can any thing prove more ftrongly than the depofition of 
 this man, the innocency of my conduct ? The eonverfatiosi 
 related to taolitics, au te new publication* ; and furely
 
 C 95 j 
 
 ir^terials of that kind ase infinitely more noble in their na~ 
 ture, than thofe which deform convivial fociety, and dif- 
 grace the man. He remembers me fpeaking of Mr. 
 Flower's book upon the French Conilitution ^ a book 
 v/hich the Lord Advocate, although not fpecified in the 
 libel, wilhed to infinuate as being feditious, and con- 
 fequently an aggravation of my crime. Of the truly 
 refpe&able author of this book, I know nothing ; but if, 
 from writing, a true idea may be formed of the heart 
 which guides the pen, there is no man .that I would more 
 fondly call my friend. It is true, I recommended Mr. 
 Flower there, becaufe I recommended his principles every 
 
 where I will do fo ftill ; 1 will do fo in your prefence, in 
 
 the prefence of the Court, and to this great audience. 
 You, who wim for a Reform in Parliament, read an 
 weigh well the leffons, which this good man -has given and 
 inculcated. Let perfonal reformation precede public ; le,t 
 the torch of knowledge lighten the path of liberty ; but, a- 
 bove all, let found morality, and genuine Chriftianity be 
 the goals from which you commence your political career. 
 A people ignorant never can enjoy freedom j a people im- 
 moral are unworthy of the blefiing. 
 
 The witnefs next mentions, that the only bock which I 
 recommended to be purchafed, was Dr. Henry's Hiftory 
 of England. I am an enemy to the conftitution, and yet 
 I recommended to the people the book beft calculated to 
 inftrucT: them in its principles, and in its progrefs ; a book, 
 applauded in private and in public by the Earl of Manf- 
 Jield, and upon whofe application, the author received an 
 honourable peniion from the King ; honourable to the 
 granter, to the receiver, and to liim who fir ft noticed the 
 modeil merit of the writer. 
 
 The witnefs next proceeds to mention, that at the meet- 
 ing, a perfon of the name of Boyd propofed, that Paine's 
 Works fliould be purchafed and recommended. What was 
 my conduct upon the occafion ? I faid, it was foreign to 
 their purpofe ; and foreign, furely, indeed it was. With- 
 M ij
 
 out approving of Mr. Paine's principles, without concleinn- 
 ing them, ^fliall afterwards more fully {hew you, thst the 
 advice was fuch as became them and me, in our fituaticn 
 at the time. 
 
 The witnefs mentions, that he purchafed for the Society 
 threflfc^four copies of the Political Progrefs. Does he fay, 
 that it was at m/^feu're, or on my recommendation? No. 
 That he purchafla for his own ufe and that of his neigh- 
 bours, three or four copies of the Paifley Declaration of 
 Rights ; that he got a copy of Paine's pamphlet, but knows 
 not from whom ; that he never faw the Dialogue betwixt 
 the Governors and the Governed, one of the charges a- 
 gainft me in the libel ; and that a Mr. William Muir fliew- 
 ed him a number of the Patriot. In the name of common 
 fenfe, what connection have I with this extraneous matter ! 
 How does it tend towards my crimination ? The witnefs 
 fwears pofitively, that the only book which I recommended 
 to be piirchafed by the Society, was Henry's Hiftory of 
 Britain. 
 
 The witnefs declared, that a more equal reprefentation of 
 the people was the object of the Society. Being afked by 
 the Solicitor General, what he meant by a more equal re- 
 prefentation. He ftopt for a moment to confider. O ! what 
 matter of triumph was this ! Then burft the contemptuous 
 fneer ; and then with affecled ridicule was pointed out, the 
 abfurdity of men fo ignorant, embarking in the caufe of 
 reformation, when even their Vice-Prefident, the witnefs, 
 who from his ftation, if any had known, he fhould have been 
 the man. But by all, excepting by Mr. Pitt and the Duke 
 of Richmond, who contended for reformation, no fpecific 
 plan has yet been propofed. In all that was faid in the late 
 debate in the Houfe of Commons, *no fpecific plan was 
 brought forward. Is it then a matter of furprife that the 
 witnefs ftopt for a moment to confider his anfwer to the 
 queftion ? His anfwer was fuch as did honour to the cool, 
 nefs of his mind, and to the foundnefs of his understanding. 
 Two opinions, replied he, divided the Society. Ose was.
 
 [ 97 ] 
 
 landed property; the 
 other, for extending it to the body of the people ; that he, 
 for his own part, had not vet made up his mifcd upon either. 
 Being afkecl my opinion, he f wears, I gave none. 
 
 The witnefs depones to my exprefs language, that I fi.id. 
 to the meeting, that they would be the more fuccefsful, the' 
 more they were conftitutional. Is this preaching up fedi- 
 tion ? Is this inflaming the miiids of the multitude to rebel- 
 lion ? Witk every witnefs adduced againft me this day, 
 this witnefs likewife corroborates my earned advices to the 
 peaple to be regular, to be moderate, and to be moral. " 
 
 The next witnefs propofd to be adduced againft me was, 
 the Reverend James LapUie. My obiec~hons to his admif- 
 fibility were f attained, before I advanced upon the thref- 
 hold of my proof, by the Lord Advocate's giving him un. 
 Sorry am I indeed for the Profecutor's timely precaution ; 
 proof was thickening faft again this gentleman ; proof of 
 practices, proof of crimes, which- but I go no far- 
 ther ; the day will come, when this gentleman and myfelf 
 mall exchange fituatioas at this bar. I trufl that by your 
 verdict I mail be acquitted, and the moment after, I fo- 
 lerunly pledge myfelf to this nation, to exhibit agairft him 
 a criminal accufation of the moft ferious kind. To fay 
 more would not be right, as tending to excite a prejudice 
 againft him in the day of his own trial. It is fufficient for 
 me, that, even in this ftage of the bufinefs, after the proof 
 I was leading, my moft rancorous enemy, would have 
 blmlied to have brought forward this man's teftimony. 
 
 The next witnefs was, Henry Freeland, proficient of the 
 fociety at Kirkintilloch. The indictment charges me with 
 having convocated the focieties at Cam pile and at Kirk- 
 intilloch. The witnefs depones, that there was an inten- 
 tion of having a fociety at Kirkintilloch, long before ever 
 he fa\v me. Does this witnefs, the firft predent of that 
 fociety, who, if any man could, muft have been v/ell in- 
 formed of the circumftances leading to its formati n, f im- 
 port the charge in the libel ? Quite the reverfc. I ma ll
 
 [ 9* 3 
 
 poftpone the moft material part of his depofition to the laft. 
 In my fpeech, he mentions, that I fpoke about fhortening 
 the duration of Parliaments and a more equal reprefenta- 
 tion ; that I faid, that I thought taxes might be leffened by 
 thefe means, and that the reform was not to take place as 
 to the King and Houfe of Lords, but only of the Cpmmons. 
 Call you this fedition \ Does not every thing brought for- 
 ward by thefe witneffes of the Crown, confute the falfe, 
 the injurious, and the fcandalous charge in the libel, of vi- 
 lifying the Gouftitution, and of exciting the people to re- 
 bellion againft the King ? 
 
 Mr. Freeland faid, that I mentioned the fuccefs of the 
 French arms, and that liberty would be eftablifhed in France. 
 Call you this likewife a crime ? At the time when I fpokc 
 was it not true? Were not the armies of France in every part 
 victorious ; and could I, no,t poflefled of the pewer of pene- 
 tration into the future, be fure that they were not to ac- 
 cqmpliih their object ? Are not opinions, after all that has 
 happened during the laft months, as much divided as they 
 xvere then ? Can you go into private or into public com- 
 pany, where this topic forms not the moft material part of 
 their converfation ? If merely to fpeak upon this fubjefit be, 
 {edition, you are all contaminated. 
 
 Mr. Freeland concurs with the other witneffes in re- 
 membering, that I recommended no other book to the meet- 
 ing, than Henry'jf Hiftory. Thfat I told them all riot would 
 be ruin to the caufe ; exhorted them to be conftitutional and 
 regular, and told thjsm, that they were to petition Parlia- 
 ment, and that there was no other way of getting a reform. 
 
 I now come to the moft material part of Mr. Freeland's 
 evidence, which relates to my lending him a copy of Paine's 
 Works. Now let us take his evidence in the connection of 
 time. He tells you, that, having heard that a proclamation 
 was againft that book, he was upon that account curious to 
 fee it, and that \\ejirjl fpoke of it to me; that upon Tuef- 
 day, eight days before the fociety met, when I happened 
 to be at Kirkintilloch, in the houfe of Wallace, to which I
 
 L 99 1 
 
 had fent for him, that I bid him fearch in my gvertt coat 
 pocket, and he would find the book ; but that he had 
 before this time, for the reafoa which he had mention- 
 ed, aiked the loan of it from me. He further tells you, 
 that when he firft fpoke of that book to me, I faid, I 
 thought it had a tendency to miilead the people ; that he 
 was furprifed I did not recommend it, becaufe every body 
 *lfe fpoke well of it, and that I did not approve of it. 
 
 This is Mr. Freeland's depofition as to what palTed be*- 
 tween him and me, when he received Mr. Fame's Works. 
 But his teftimony goes farther, and corroborates that 
 in which all the witneffes are unanimous, concern- 
 ing what pafled in the fociety when that book was men- 
 tioned ; of its being fdggefledby one Boyd, topurchafe it ; 
 but that I mook my head, and faid it was foreign to the 
 purpofe. 
 
 Gentlemen, This is the moil material evidence which 
 the Profecutor has been, able to produce. A wide field is 
 now before us, and that I may deviate as little as pomble 
 from preciiion, I fhall arrange what I have to fay, under 
 diftincl heads. 
 
 In the firjl place, the indictment charges me of feloni- 
 cufly and wickedly circulating and diltributing this book, 
 in order to inflame the minds of men againft the Confiitu- 
 tion. You are the judges of the law and of the fa<8:. Your 
 decifion will not feparate them from each other, bat com- 
 bine them both together. Is it neceffary for me to inform 
 you, that, without a criminal intention, there can be no 
 'crime ; and has not the indictment iifeif fet forth, that 
 I did not circulate thefe books merely, but that the circu- 
 lation proceeded from fuch intention. Now, 1 aik you to 
 lay your hands upon your breads, and to fay, where, in 
 th circumftances of this cafe, is the fhadow of felonious 
 defign. The Works of Mr. Paine had been published and 
 fold every where. The papers of the day teemed with luc- 
 ceffive advertifements, announcing where they were to be 
 procured. What excited this curiofiiy ia the public mind.
 
 [ IOC ] 
 
 without uttering a fingle fyllable upon the intrinsic merif, 
 or demerit of thefc works, is eafy to cell. The fituation 
 of France roufed the attention of Europe. To that coun- 
 try every eye was turned, and every man who could wield 
 a pen, was employed in difcufTmg the principles which the 
 Revolution had brought forward. Mr. Burke entered the 
 field of controverfr. The name of that gentleman would 
 give fale and diffufion to any production. Mr. Burke 
 fought upon one fide of the queftion. He was encountered 
 upon the oppofite by Thomas P,aine. Both of them cham- 
 pions of approved vigour, and of undoubted prowefs. 
 Could public curiofity not be awakened to the conten- 
 tion of fuch men ? It was fo moft completely : and, the 
 Works of Mr. Burke and of Thomas Paine, flew with a ra- 
 pidity to every corner of the land, hitherto unexampled in 
 the hiftory of political fcience. Is there a fingle man a- 
 mong you, who ha$ not read the Works either of Paine or 
 of Burke ? Is there a perfon upon the bench, Upon the Ju- 
 ry, or in this audience, who has either not purchafed or 
 lent the Treatife upon the Rights of Man ! Now, if one of 
 you lent to a friend or relation, who might participate in 
 the common curiofity, a fingle pamphlet of Mr. Paine's, 
 you are as guilty as I am ; but why mould I ufe the term 
 guilty ? NONE of us are guilty in lending that book, be- 
 caufe we harboured no evil defign. 
 
 If there had been a public law of the Kingdom condemn- 
 ing that book, the prefumption of ignorance, could ,not be 
 admitted by its rigid rule. And the mere acl: of giving a- 
 \vay a fiivgle copy, would have been confidered as a viola- 
 tion of its letter. But, at the period when I lent Mr. Free- 
 land Paine's Works, was the fentence of reprobation, thun- 
 dered againft them ? No I then was guilty of offending no 
 CxiftinT Law. I was not certified of my danger. I was 
 not put upon my guard. Was there a judgment of anj 
 court in England or in Scotland againft this book at that 
 
 time ? No Then I had no caufe for alarm ; but fome 
 
 months before, a proclamation againft fcditious writings'
 
 ;had been iflued. A proclamation, gentlemen, is not law. 
 It can declare and it can enforce what the law has already 
 enaded, but it has no legiflative authority. But was 
 there any mention of Mr. Paine's Works in that proclama- 
 tion ? None. What were the confequences of this 
 proclamation ? You know them well. If there had been a 
 demand before for political books, that demand increafed 
 in a tenfold proportion. Concerning the particular 
 books to which the proclamation might be fuppof- 
 ed to allude, curiofity was more highly excited, and 
 converfation became more keenly interefted. Now, mark 
 the circumflances, in which Mr. Freeland applied to me for 
 the loan of that book. Here, take notice of his exprefs 
 words, " that having heard a proclamation of the King 
 was ufed againfl it, he was, upon that account, curious to 
 fee it, and firft fpoke of it to Mr. Muir." Now I alk you, 
 if any thing like felonious intention in Freeland can be dif- 
 covered, in applying for it to me ; a proclamation had been 
 iffued againft feditious books, and a natural curiofity was 
 excited in him to fee what thefe books were, which he had 
 heard reported to be feditious ; a curiofity which, at the time, 
 was common to all. I aik, if you could fuppofe there was 
 a felonious intention in my lending it? Did I introduce the 
 converfation by fpeaking of it. Did I advife him to read it, 
 to adopt its principles, and to contribute his exertions to 
 carry them into practice? No. He exprefsly tells you, that 
 I did not approve of the book ; that I faid it had a tendency 
 to miflead the people, at which he was furprJfed, as it was 
 otherwife approved by all. To what then reduces itfelf 
 this mighty crime of fedition for which I Hand here ? To 
 gratify the natural curiofity of a perfon who tells you, he 
 lives in my neighbourhood, and is a diftant relation ; I lent 
 a book, which was in univerfal circulation, unnoticed by 
 Courts of Juilice, uncondemned by law. 
 
 If you have come here this day with an intention to 
 bring me in guilty, whether right or wrong, fay fo bold- 
 Jy, openly, and let me add, honeftly. Refort not to 
 N
 
 wretched pretexts and expedients to juftify a ftretch of 
 power. Thefe pretexts are foon feei*- through by the pe- 
 netrating eye of mankind, and to the guilt attending the 
 determination, will be added the contempt which the pre- 
 text will juftify. 
 
 Gentlemen, in thefecond place, I would direct your at- 
 tention to what Mr. Paine's writings are, and to the parti- 
 cular manner in which they are presented in accufation, in 
 my trial. I will allow that any writing which calls upon 
 the people to rife in arms, to refill the law, and to fubvert 
 the conftitution is fomething wotfe than feditious, that it 
 is treafonable, but do the writings of Mr. Paine Hand in 
 that predicament ? Can you point me out a fingle fentence 
 where he provokes infurreclion ? Mr. Paine's writings are 
 indifputably of a fpeculative nature. He inveftigates the 
 firft principles of fociety ; he compares different forms of 
 government together ; and where he gives the preference, 
 he affigns his reafons for fo doing. 
 
 I have neither time, nor inclination to entertain you by 
 diflertations upon the Liberty of the Prefs. If that liberty 
 is fickly, the Conftitution is likewife difeafed. If that li- 
 berty is extinguilhed, the conftitution expires. You will 
 afk, What is the precife notion which I affix to the term Li- 
 berty of the Prefs ? I will tell you honeftly, and without 
 difguife. By the Liberty of the Prefs, I mean not the power 
 of aflafiinating the reputation, of torturing the feelings of 
 -individuals. No crime in my eftimation can be more hei- 
 nous By the Liberty of the Prefs, I mean not the power 
 
 of degrading, and of contaminating the public mind by cor- 
 ruption of public morals. By the Liberty of the Prefs, I 
 underftand not the power of inflaming the minds of men a- 
 gainft the conftitution, of ftimulating the people to infur- 
 re&ion, and of tearing down the barriers of public property, 
 and of public fecurity. Where government is eftabliihcd, 
 that government muft be refpefted. And the trueft re- 
 public, which ever yet exifted, never could tolerate the 
 internal foe, who, within its own precincls, founded the 
 charge to civil war. BY THE FREEDOM OF THE PRESS, I
 
 underftand the INALIENABLE RIGHT OF PUBLISHING TRUTH ; 
 of 'presenting .to the world, whatever may tend to public 
 good, and may not hurt the feelings of individuals, morals, 
 nor eftabliflied laws. 
 
 Conftitutions of government are the workmanfliip of 
 men ; that conftitution is the mod perfect, which can be 
 moft eafily amended. There are conflitutions, which, ftep 
 by ftep, without convuifion, and without blood, have ad- 
 vanced to fuperior degrees of perfection ; which, by their 
 own internal energy, have effected their own reformation, 
 and avoided the calamities of a revolution. Thefe progref- 
 five conftitutions, if I may ufe the expreffion, muft always 
 cheriih and fupport the liberty of the prefs, as the chief in- 
 ftrument of their prefervatioa. Look back, I befeech you, 
 to the ancient fyftem in France. To you the obfervation 
 may be fingular, but I am confident in my own mind it is 
 juft. If, while the veftiges of their ancient conftitution ftill 
 remained, while the remembrance of the States General was 
 not yet forgotten, the freedom of the prefs had not been 
 annihilated, their conftitution would have become pro- 
 greffive ; its reformation would gradually have been ope- 
 rated, and by the exertions of good men and of patriotic 
 writers, all the calamities which we now deplore in the re- 
 volution would have been averted. How grateful fhould 
 we be to eternal providence, that, our Conftitution pofiefies 
 in itfelf the power of amendment, that, without a revolu- 
 tion, it can rectify its abufes ; and that, nlently and without 
 diforder, it can advance towards that chaftened liberty, which 
 conftitutes human felicity. You have read the hiftory of the 
 Britiih Conftitution ; and what is it, but the hiftory of a 
 continual progrefs ? You will next afk what has been the 
 impelling cauie of this progrefs ? I anfwer, the right of the 
 univerfal diffuiion of information, by means of the Liberty 
 of the Prefs. If you deftroy that liberty, you accomplifh 
 one of two things.- The people will be buried in ignorance; 
 the iron throne of defpotifm will be erected, and the filent 
 I cannot, will not contemplate the picture. If you def- 
 Nij
 
 L 104 3 
 
 troy the Liberty of the Prefs, you may perchance do fome-* 
 thing elfe, which is horrible to think upon. This high fpi 
 rited and generous people will not foon forget their loft 
 rights. You have removed what led to progreilive perfec- 
 tion. Evil will proceed to evil. What originated folely 
 from corrupted men, will be imputed to the conftitution it- 
 felf. By undermining its beft prop, its moft folid and maf- 
 fy pillar, I repeat it, and never (hall ceafe to repeat it, the 
 Liberty of the Prefs, you expofe this holy fabric to a blow, 
 which mall fhake it from its foundations. Let us then ap- 
 ply this argument to the cafe of Mr. Paine. This work is 
 merely of a fpeculative nature, upon the principles of go- 
 vernment. If Mr. Paine's Work is inconfiftent with the 
 Britifh Conftitution, what is the confequence ? If the book 
 is written with ingenuity, it will acquire readers. No man 
 in his found fenfes, the keened advocate for a Parliament- 
 ary Reform, but will avert his eyes r bathed in tears, and 
 in horror of foul, from a revolution. He will- compare the 
 principles of Mr. Paine with the Conftitution. If Mr. 
 Paine has pointed out any thing defective in the Conftitu- 
 tion, he will contribute his humble efforts to have that de- 
 fect repaired. If, upon the other hand, he fhall imagine, 
 that Mr. Paine has taken an erroneous view of this edifice, 
 has mifreprefented its properties, he will become more and 
 more fenfible, from his inquiry, of the fecurity which he 
 enjoys under its protecting roof. The fenfe of danger will 
 be removed, and his mind, undifturbed by gloomy appre- 
 heniions, will enjoy tranquillity. O ! how little do ye deem 
 the Britifh Conftitution, who think that it is built upon 
 the fand, which when the rain defcendeth, and the floods 
 cometh, and the winds blow, and beat upon it, that it lhall 
 fall. No. when the rains defcend, when the floods come, 
 when the winds blow, it fhall not fall, for it is founded 
 upon a rock. I then maintain, although not in accents 
 fweet to the ear of corruption, grateful to courtly pride, 
 nor acceptable to ill-got power, that thofe fpeculative wri- 
 ters, who inveftigate the principles of our Conftitution, who
 
 t 1^5 3 
 
 ompare that Conflitution with thofe of other countries, 
 perform a meritorious fervice to this nation : thefe writers 
 either impel us to rectify that which is wrong, or more 
 ilrongly confirm us in our love and in our attachment to 
 that which is right. Let Mr. Paine then be confidered as 
 the bittereil enemy to our Conilitution, yet as long as he 
 confines himfelf to fpeculation, we mould be grateful. Our 
 bell interefts are involved in the Conflitution, and like 
 thofe dill of a higher clafs, fuperior to time, and which ex- 
 tend to eternity, are too apt to be forgotten, and to make 
 little impremon. If Mr. Paine then has called our atten- 
 tion to the Conilitution, he has performed to us an eflen- 
 tial fervice, he has led us to contemplate all its perfection, 
 and roufed us from our lethargy to rectify wherever, by 
 time and by corruption, it may have fufFered decay. 
 
 Shall the lending of a lingle copy of the works of this 
 writer be held criminal ? When was there ever fuch a vi- 
 olation of the rights of Britons ? Mr. Paine has compofed 
 no model of a perfect commonwealth, as Mr. Hums has 
 done ; yet, the political works of Mr. Hume, you have all 
 read, and you have all applauded. If you condemn a 
 man for lending Mr. Paine's Works, you do what even 
 was not attempted to be done, in the Reign of Henry the 
 VIII, when the conflitution lay expiring on the rack of 
 defpotifm, making exertions which only could difcover re- 
 maining life, but at the fame time the privation of ftrength. 
 Along with equality of political rights, has Mr. Paine 
 preached equality of property ? a chimera which may enter 
 into the brains of thofe, who may dream of a golden age, 
 but who know not human nature. Yet, under that arbitrary 
 reign, did not Sir Thomas More, enjoying the confidence 
 of the King, and placed at the head of the law, pubiilh his 
 Utopia, the plan of his republic, of which an equai divi- 
 ilon of property, an Agrarian law, an univerfal comin unity, 
 formed the bails. In this enlightened age, when, after fo 
 many fiery trials, our confutation, in its pure and genuine 
 principles, Hands unveiled to our view, will you condein an
 
 man for lending a work, equally fpeculative, and if fuch a 
 thing exifted, as a well founded panic againft levellers, in- 
 finitely more danggrous. 
 
 I fhould be the laft man to propofe to your imitation, the 
 conduct of defpots ; but I call upon you to ponder well the 
 words of a man, who rendered the terms republic and pure 
 and undefined defpotifm the fame ; Cromwell. Under his pro- 
 tectorfhip, when Harrington publifhed his Oceana ; inform- 
 ers denounced the work. * My caufa is too ftrong," (faid 
 Cromwell) " to be hurt by paper-fhot ;" and if you fay that, 
 by any publication, the Britiih conftitution can be injured, 
 you, yourfelves, are;guiltyof the crime of libelling its ftrength. 
 
 To conclude upon this head, I maintain, that to fupprefs 
 works purely fpeculative, provoking not the people to dif- 
 obedience to the laws, nor to rebellion, however much 
 thefe works may differ fiom the conftitution, is to de- 
 ftroy the Liberty of the Prefs, to trample upon the 
 bell and the furefl bulwark, which defends the appro r 
 aches to that refpe&ed building. If, to lend the Works 
 of Thomas Paine to-day be fedition, to lend a tranf- 
 lation of the republic of Plato to-morrow will be treafon. 
 Gentlemen, the works of Mr. Paine are lying before me. 
 I could read to you many paiTages to prove, that they are 
 merely of a fpeculative nature. You are exhauiled ; e- 
 qually fo am I. And yet, we have fome length of field 
 before we conclude to travel over. For thefe paffages I re- 
 fer you to the celebrated fpeech of Mr. Erlkine ; one of the 
 beft friends the conftitution ever knew, although of that 
 reprobated caft, the Friends of the People. Gentlemen, I 
 truft that you will now be perfuaded, that neither the pub- 
 liming nor the lending of a fpeculative political book is fe- 
 dition. But I now call your attention to another circum- 
 ftance, the manner in which criminality is attached to that, 
 book and to myfelf. Various detached paffages are quoted 
 from it in the indictment. They are called wicked, inflam- 
 matory and feditious. In the fiicred name of juftice, will 
 you condemu any beck for detached paffages, feparated from
 
 the whole connection, cut off from reciprocal explanation, 
 and from which neither its general tenor nor fcope can be 
 difcovered, If you do this, where is tffe book in which 
 you cannot difcover fedition, by differing its feparate fen- 
 tences and paragraphs. Fot my part, if you proceed on in 
 this manner, I do not know a more dangerous collection 
 than the books of holy infpiration. Separate verfe from 
 verfe, and then combine them, according to your pleafure, 
 and you may make the Bible one of the moft feditious and 
 treafonable books which even was written. But you are 
 neither to condemn that book, nor me, for thofe detached 
 paffages exhibited in the indictment. You muft carry along 
 with you the whole works of Mr. Paine, you muft fcruti- 
 nize line, by line, and you muft pronounce upon the gene- 
 ral context. If you find it provoking the people to refif- 
 tance, calling them forth to arms, to fubvert the confiitu- 
 tion ; then, no doubt, it is feditious. Bt, if you find the 
 author indulging himfelf in nothing but philosophical and 
 political fpeculation, however much your principles and his 
 may differ, you cannot condemn him for compofing it, or 
 me, after it was compofed and publiflied, for lending it to 
 a relation. 
 
 If you condemn books for being feditious, upon account 
 of pafTages culled from this page and from that page, and 
 artfully combined together, you have it in your power to 
 award a profcription againft books and univerfal literature. 
 As I have already mentioned, there is not a fingle book, in 
 which, by differing it in this manner, fentence by fentence, 
 and paflage by paflage, you may hot difcover immorality, 
 blafphemy, and treafon. Indeed, if the fad objects of re- 
 flection which prefent themfelves to my mind, when I con- 
 template the ftate of my country, could permit me to in- 
 dulge in a vein of ridicule, I would advife you at once to 
 lay the axe to the root of the tree, and to bring an ixiciicl:- 
 ment againft the alphabet itfelf, as it is the fource of the 
 evil you dread, as its parts form the component elements 
 of fentences and of paragraphs, which may contain the mofl
 
 dangerous fedition, and the moft horrible treafon. But thi$ 
 is not an hour to indulge the fport of humour. 
 
 I will admit, thkt the paflages from Mr. Paine and the 
 books exhibited in the indiftment may be highly criminal, 
 but will any perfon venture to fay, that I lent thefe books, 
 for containing fuch paflages, that I particularly pointed 
 them out, and gave them my warmeft approbation ? If the 
 Profeoutor has a right to prefume, that it was upon account 
 of thefe paflages I lent thefe writings, I too have a right 
 to draw a contrary prefumption in my favour. If there 
 are fentiments in the Works of Mr. Paine, (and many fuch 
 there are,) fraught with univerfal benevolence, inculcating 
 univerfal amity and brotherhood, and of a tendency to dif- 
 pel thofe paflions and thofe prejudices, which animate and 
 impel nation againft nation into the field of blood and of car- 
 nage, I am entitled to plead upon thefe paflages : I have a 
 right to fay, that it was the antidote and not the poifon I 
 recommended : And you muft know, that the law of this 
 country obliges you, where oppofing prefumptions are of 
 equal ftrength, to let the balance preponderate on the fide 
 of mercy. 
 
 Gentlemen, I fliall conclude upon the fubjeft of Mr. 
 Paine's Works by obferving, That all the witnefles have u- 
 niformly fworn, that I refufed to recommend them ; that 
 when the matter was propofed, I faid, the principles con. 
 tained in them might miflead the people, as they were fo- 
 reign to the object of the fociety, and might mifguide weak 
 minds. There is not a witnefs adduced by the Profccutor, 
 who fays the contrary of this ; and will you agree in opi- 
 nion, that the charge in my indictment of circulating and 
 recommending thefe books, has the {lighteft fhadow of fup- 
 port ? I will tell you the ireafon why I did not recommend 
 Mr. Paine's books to the focieties in Scotland, and why I 
 declared them foreign to their purpofe.-~Mr. Paine is a 
 republican, and the fpirit of repubiicanifm breathes thro' 
 all his writings. This is his darling fyflcm. The object 
 of thefe fcpieties was, by conflhutional means, to procura
 
 [ I6 9 3 ' 
 
 a reformation in the conftitution, and not a revolution, 
 which implied its deftruftion ; to have their long loft rights 
 reftored, but not the affumption of new rights derived from 
 a different fyftem. The people of Scotland were rapidly 
 advancing to a true fenfe of their conftitutional liberties : 
 They demanded an application to them of the conftitution, 
 in its genuine principles, in which they beheld their fecu- 
 rity confirmed, and their happinefs eftablifhed. That they 
 might advance with more ardour in this caufe, it was ne- 
 ceffary that they fliould know the conftitution ; what it had 
 been in its vigour, and what it now is in its decay, in con- 
 lequence of the corruption of men and of ages. What did 
 I do to effectuate this legal and peaceable objedt ? I did not 
 prefent to them the fplendid fabrics of ancient or of modern 
 republics ; I wifhed them to keep their eyes confined at 
 home, to repair their own manfion rather than pull it 
 down, and expofe themfelves to the inconveniencies and to 
 the dangers of building upon new plans, the advantages or 
 difad vantages of which could be only known by the uncer- 
 tain experience ef future ages. All the witnefles who fpeak 
 of my conduct in the focieties tell you, that I recommend- 
 ed n-one but conftitutional meafures ; and that the only 
 book which I recommended to them was Henry's Hiftory 
 of England, as the beft calculated, by its accuracy and 
 plainnefs, to give them infight into the nature and progrefs 
 of their conftitution. 
 
 If, in my library, in converfation upon the fubjedl: of go- 
 vernment, the plans adopted by different political writers 
 had been difcufled, doubtlefs,Imight have given opinions dif- 
 ferent from thofe which I coniidered it my duty to advance, 
 when afting under an eftablilhed conftitution, and employ- 
 ed in thofe meafures, which it pointed out, to effectuate a 
 redrefs of grievances. When Mr. Hume publifhed his Ef- 
 fay upon a Perfedl Commonwealth, did aot he, as ftrongly 
 as he poffibly could, declare that he thought this model 
 preferable to the Britifh conftitution, even in its pureft and 
 bed principles ? But fuppofing Mr. Hume to have been a 

 
 no J 
 
 member of the Society of the Friends of the People, v/h^r 
 would have been his conduct in it ? Would he have faid to 
 men who were affembled to renovate constitutional rights 
 only, You mud give up. the conftitution entirely; it is de- 
 fective and imperfect when compared to the offspring of my 
 fancy ; it is this laft which you muft adopt, and reject the 
 former. But Mr. Hume would have held forth no fuch 
 language ; he would have faid to them, ' The grievances of 
 which you complain can be redrefied by the energy of our 
 own conftitution ; the redrefs of thefe grievances is the on- 
 ly object of your aflbciation. If then reformation is your 
 object, and not revolution, however much you may ap- 
 prove of my fpeculative fyftem, it mufl not operate upon 
 you for a moment in practice.' 
 
 It was upon this principle that I refufed to recommend 
 the Works of Mr. Paine j that I faid, that they were foreign 
 to the purpofe, and might miflead weak minds. But was 
 it ever before held criminal in an author, to publifh what 
 fpeculative fyflems of government he pleafed, provided he 
 confined himfelf in the retirement of fpeculation, and did 
 not advance forth to the field of action ? Was it a crime of 
 Plato, under the Athenian republic, to compofe his beau- 
 tiful fyftem, of one more perfect ? Was it high tfeafon in 
 Cicero, under the Roman Commonwealth, to write thofe 
 applauded works, which have been loft in the darknefs 
 of the Gothic night, and of which, a few fragments 
 could be found only, when the morning of letters began to 
 dawn upon Europe? Was Sir Thomas More led forth to 
 the fcaffold for compofing his Utopia, Harrington profcrib- 
 ed for his Oceana, or Hume exiled for his Commonwealth ? 
 Thefe authors indulged themfelves in a liberty, which, if 
 we now are to be deprived of, we muft be left hopelefs, 
 and in difpair, as the attempt at amendment and reforma- 
 tion will be for ever precluded. 
 
 Upon the principle which I have explained, I iliould 
 have thought it equally, if not mpre dangerous and inex- 
 pedient, to have recommended in a Society of the Friends 
 

 
 I III ] 
 
 \)t the People, Plato's Republic, or Hume's Commonwealth. 
 Inexpedient ! becaufe thefe writings might have had a ten- 
 dency to lead thefe focieties from their conftitutional objeft ; 
 dangerous ! becaufe, if prefented to weak underilandings, 
 and to fervid imaginations, they might have influenced them 
 to depart frcmthofe ends, which, by calmnefs, perfeverance, 
 and legal meafures, they were fure at lafl to accompHfh, in 
 purfuit of chimeras, brilliant but delufive, always feeming- 
 ly approaching, butalways in reality flying farther away. 
 
 Gentlemen, I conclude my obfervations upon the fub- 
 jeft of Mr. Paine's Works. You will remember it was on- 
 ly a fingle copy which I lent j the circumftances attending 
 it, which, admitting the book to be as feditious and as trea- 
 fonable as can be imagined, precluded the idea of a felo- 
 nious circulation. You are the firft Jury in Scotland, 
 before whom Mr. Paine was either direftly or indirectly 
 brought ; I truit, that you will al in fuch a manner as to 
 do honour to yourfelves, in doing juftice to him and to 
 me ; that you will not attempt to annihilate political fci- 
 ence, by condemning a work in its nature purely fpecu- 
 lative ; that, in this country where our chief glory has a- 
 rifen from literature, you will not limit her researches, 
 but indulge her in her unbounded flight, into every region 
 whe re the materials of human happinefs and human improve- 
 ment can be collected. Above all I entreat you, that you 
 wouldnotfet the dangerous precedent of condemning abook, 
 for fentences detached from the whole, when you do not 
 conuder the general tenor and fcope. I tell you that if 
 you do not carry away this book from your table to your 
 chamber, read every line, and compare the whole in connec- 
 tion, you do me mod flagrant injuftice. Finally, I rnuft 
 tell you, that you are not bound by what any Jury has 
 done in England you are bound by the Law of Scotland ; 
 and this is the firft trial of the kind which ever occurred 
 here : Even the decifions in England have loft the ref- 
 pecl due to them, althongh they were to be held out as 
 precedents. We have feen Juries one day condemning the 
 Oij
 
 tuthor and the publimers, and upon the fucceeding day 
 we have heard other Juries pronounce a verdift of acquittal. 
 
 The next witnefs is Anne Fifner, a late fervant in my 
 father's houfe. Her evidence comes forward to you with 
 peculiar diftin&ion ; carefled by the Profecutor, and com- 
 plimented by the Court ; her wonderful accuracy extol- 
 led, and her abilities admired. I will foon mew you, Gen- 
 tlemen, that fhe has but few pretenfions to that accuracy, 
 of which the Lord Advocate fpoke in fuch terms ; that her 
 memory pofleffes a fingular quality, retentive to whatever 
 may militate againft me, but hefitating and confufed to 
 whatever may feem in my favour. What this domeflic 
 and well inftru&ed fpy has given in evidence againft me, 
 fills my mind with little concern ; on the contrary it af- 
 fords me much fatisfaftion to find that when I was fur- 
 rounded in the place where I expedled moft fecurity, where 
 all fufpicion was lulled afleep, my conduct was fo guard- 
 ed What do I fay ? Guarded ! Innocence has no 
 
 need to be on the watch. 
 
 My conduct has been fuch, as even malice itfelf cannot 
 condemn. But before I proceed to read her evidence from 
 my notes, let me folemnly caution you againft the danger- 
 ous precedent of giving credibility to witnefies of this 
 kind, under accufations of this nature. The crime of fedi- 
 tion, if you attend to its efience, never can be committed 
 within the walls of a private houfe. It fuppofes the high- 
 eft publicity, the convocation of many. But if power mail 
 fay, that words fpoken in an unguarded moment within 
 the facred walls of a family, amount to this crime, What 
 will follow ? Not thofe with whom you may have aled in 
 your political life, and who, with the impreffion of the 
 oath of God upon them, can beft tell the truth ; not tlofe 
 whom you may have admitted to your friendmip, and to 
 your confidence, and who beft know the fecrets of your 
 foul ; but the meaneft of your domeftics, who could hardly 
 approach your prefence even in their menial duties, who, 
 (if the expreffion may be ufed) to the members of a fami-
 
 E "3 3 
 
 iy are alrrvoft unknown ; Thefe ! Thefe ! The meaneft sn<5 
 the lowed will be brought forward to fwear away your 
 property, your reputation, and your life : And fuch is this 
 witneCs, who is adduced againft me with fuch parade. O ! 
 Beware how ye fanclify the fhameful proceeding. It is not 
 me you wound alone, but you deftroy the confidence which 
 fubfifts between man and man ; you lead, by your own 
 hands, to the fire-fides of your children and your dearefl rela- 
 tions, the fiends of fufpicion and of danger ; and ye forever 
 put an end to that reciprocity of communication, which enli- 
 vens and endears domeftic fociety. 
 
 Now let us hear what this witnefs has to fay ? I will 
 read you from my notes, her evidence. If 1 have erred 
 in taking it down, you will pleafe correft me. 
 
 \Here Mr. Muir read from Us notes, the evidence of Anne 
 
 The teftimony of this witnefs feems to relate to two of the 
 principal charges in the indiftment ; the firft, to my ha- 
 ving made fpeeches in public focieties, vilifying the King 
 and conftitution. The feeond, to my having diftributed and 
 recommended feditious books, viz,. Mr. Paine, the Patriot, 
 the Paifley Declaration, and the Dialogue between the Go- 
 vernors and the Governed. Under thefe two different arti- 
 cles, let us examine the teftimony of this witnefs. Firft, 
 To my making feditious fpeeches ; Secondly, To my cir- 
 culating feditious books. 
 
 Every thing which the Profecutor could adduce againft 
 me, 5 he has told you that he would adduce under the gene- 
 rality of the term Sedition, even although it fhould not be 
 fpecified in the libel. The Court likewife has permitted him 
 fo to do ; and in the cafe of this witnefs, you can fee an ex- 
 emplary illuftration of this right, if it can be fo called. Ac- 
 cufed of making feditious harangues in public, this wretch- 
 ed girl is adduced to fwear to what fhe fays, (he may have 
 heard in private, when inftrufted to take 1 her watch, fhe 
 flood and marked to deftru&ion thofe who fed her. 
 
 And what is the dreadful language fhe has heard me ufe
 
 in my unguarded moments. 1 will 'repeat all that flie fays, 
 I will recall to your remembrance her exprefs words, and 
 upon them I will make no comment. ** That if every body 
 ' had a vote, I would be made member for Calder ; that 
 " members of Parliament would have thirty or forty millings 
 " a-day, and that, in that cafe, there would be none but ho- 
 " neft men to keep the conftitution clear." You remem- 
 ber how the Public Profecutor enlarged and expatiated up- 
 on thefe words of this witnefs. Now, after labouring fo 
 long in vain, he fancied, he had got fomething againft me.. 
 I fmiled at the indecency of his exultation ; but next 
 moment I bluflied when I reflected he was a lawyer, 
 and chief Counfel in Scotland for the Crown. Here faid 
 the Profecutor, " you fee the cloven foot. You fee French 
 principles manifefted. Here you difcover the whole tin&ure 
 of his foul. Members of Parliament to have thirty or for- 
 ty millings a-day for their attendance to be honeft men and, 
 to keep the conftitution clear ! Is not this evidence, that he 
 means to introduce in place of our Houfe of Commons a Na- 
 tional Convention, on French principles, and according to 
 French forms." 
 
 Sorry am I to record the ignorance of this Lord Advo- 
 cate of Scotland. Is there a man who has hardly opened 
 the volume of the hiftory of our conftitution, who doe.s not 
 know, that until a very late period indeed, when corrup- 
 tion glided in, and tainted and poifoned the whole, mem- 
 bers of Parliament received their wages from the hands 
 of the people alone : O ! how I fpeak it with joy when I 
 view the pafc; with forrow, when [ contemplate the prefent; 
 they would have fcorned to have received the price of 
 their attendance from any other hands, than from the hands 
 of the people. Then the conftitution poffeffed all its e- 
 nergies. Then towered the conftitution in the ftrength of 
 age, but with the bloom of youth. The people delegated 
 none, but men whofe virtues they knew, and none but 
 men who poffefled public virtues could be found to under- 
 take the important miffion. Look back I entreat you to all
 
 C "5 J 
 
 the greatand goodmen whom Englifh Biflory records. Turn 
 your eyes to the Hampdens, to the Sidneys, to the Mar- 
 
 yille's of former times ; to thofe men whom but 
 
 I flop; they received their wages directly from the people. 
 Let the Lord Advocate pronounce their eulogium by his 
 invective. If what I have faid be fedition, when over- 
 heard by that fpy Fiflier, I fliall next moment render my- 
 felf infinitely more criminal; for I declare to you, that we 
 never can expect a virtuous Houfe .of Commons a Gonjlity- 
 tional Houfe of Commons, a Houfe of Commons, fuch as it 
 once was, connected with no other intereil than the interest 
 of the people ; until fuch time as its members fliall receive 
 a compenfation for their attendance from the people and from 
 no other quarter, be entitled to no other reward than the 
 approbation of their own minds, and the applaufes of 
 their fellow-citizens, of whofe rights, andofwhcfe liberties, 
 they have been the undaunted, uncorrupted defenders. 
 
 Fimer proceeds to ftate, that me has heard me fay, That 
 France was the moil flourishing nation in the world, us thev 
 had abolifhed tyranny, and got a free government : And that, 
 further, fhe has heard me fay, that the Conititution of this 
 country was very good ; but that many abiifes had crept 
 in, which required a thorough Reform. 
 
 Gentlemen, even in my moft unguarded hours, this do- 
 meflic fpy cannot, by her evidence, fupport a tittle of the 
 indictment, where it charges me with vilifying the King and 
 Conftitution. 
 
 Of her idle flory of what I faid concerning Courts of 
 Juflice, that they needed a reform, and that this Court in 
 particular got their money for nothing, but pronouncing 
 ientence of death upon poor creatures ; and that their parade 
 in coming into Glafgow was ufelefs, I difdain to take no- 
 tice. Only, you will difcover her exquifite art. This day. 
 I am tried before this very Court, and me fuppofejr, that, 
 by inventing, and throwiag in a circumilance of this kind, 
 iu order to irritate the judges againft me, Ihe will more 
 completely execute the wretched job Ihe has undertaken to
 
 t 116 ] 
 
 perform. Were there not more fervants in the houfe, who 
 had infinitely better opportunities to hear my converfation 
 and muft ihe, the loweft of them all, with whom ihe can- 
 not pretend I had ever two minutes converfation, be fmg- 
 led out, and pitched upon for this drudgery ? 
 
 This witnefs depones, that ihe heard me fay, a republi- 
 can form of government was the beft, but a monarchical 
 form of government, under proper reftridions, would be 
 the beft in this country. With all her art, and with all her 
 memory, ihe cannot depone to a fingle circumftance which 
 can ftrike againft me. Even from her own account of my 
 private converfation, it appears, that when I fpoke of re- 
 publican forms of government, it was purely in the abftracl, 
 without any alluiion to this country, without expreffing 
 any wifh to fee any particular mode of them introduced J 
 and that when I fpoke of this country, I never deviated from 
 the conftitution, but faid that a limited monarchy, under 
 reftri&ions, was the beft adapted to its interefL 
 
 The next article of fedttion to which ihe depones, is of 
 the moft extraordinary kind, that I had fent her to employ 
 an organift on the ftreeta of Glafgow, to play the French 
 tune of Ca Ira. What ! was a tune, Unintelligible to the 
 multitude, to light up the flames of civil difcord, and to be 
 the forerunner of the revolution ? Have you read the words 
 of that popular fong ? Could you difcover a fingle illuiion 
 in them to the ftate of England ? But fuppofing you did* 
 there is a prefumption from your ftation in life, that you 
 are acquainted with the French language; but is it fo with 
 the multitude of our weavers in that quarter of the coun- 
 try ? Britain has always cberimed freedom, and fhall it be 
 deemed criminal in me, to liften to the effuiions of joy^ 
 poured out by a neighbouring people, on obtaining that firft 
 of human bleflings, which always conftituted our peculiar 
 diftinction ? But I know it well. The word Freedom is foou 
 to be profcribed from our language ; it carries alarm and 
 feditipn in the found. If I had caufed to be recited one oi" 
 thofe noble chorufes of the Grecian drama, in which, with
 
 L "7 ] 
 
 the enthufiafm of liberty, the glories of the Republics of 
 Athens or of Sparta were difplayed, in language more than 
 mortal, my offence would have been deemed the fame with 
 that of amufing myfelf, by hearing the national fong of 
 France. If it had been poffible for me to have caufed to 
 te fung, upon the Streets of Glafgow, one of the Pfalms of 
 the Hebrews, in the original language, in which the tri- 
 umphs of the people and the deftruction of tyrants are re- 
 corded in a ftrain of the highefl poetical infpiration, the 
 criminality would have been the fame with that of liflening 
 to ca ir a. 
 
 Let me abandon the fubjecl. My political career has 
 neither been obfcure nor inglorious. It has undergone the 
 fevered fcrutiny which ever fell to the lot of man; and af- 
 ter every engine has been employed, after heaven and earth 
 have been moved, the tremenduous charge of fedition is to 
 be fupported by the teftimonies of domeftic fpies, fwear- 
 ing, not to my ferious occupation, but to the amufement of 
 an idle hour, in liftening to a foreign tune. 
 
 Let us next attend to the evidence of Fifher, as far as it 
 relates to feditious publications. She fwears that I ufed. 
 to recommend to a great many country people who came to 
 my father's mop to^ purchafe and to read the works of Mr. 
 Paine, as they compofed a very good book. How can you 
 believe the general averment ? In the number of country 
 people, me can only fpecify one ; John Barclay, and when 
 you come to his evidence you will fee that he gives her the 
 fiatteft contradiction. She depones, that me has bought, at 
 two different times, for my uncle Alexander Muir, at my 
 defire, a copy of the firft part, and a copy of the fecond part 
 'of the Rights of Man. Can you fuppofe, that if my in- 
 tentions had been felonious, I would have introduced fuch 
 writings into my own family ? Can you imagine that I could 
 have wifhed to involve, in the conflagration of my country, 
 my neareft relations to whofe property I may eventually fuc- 
 ceed? Why is not Alexander Muir brought forward asawit- 
 #efs? Certain it is, that he was clofely interrogated, before
 
 the inquifition held by Mr. Sheriff Honeyman. But the 
 Lord Advocate fays, that his feelings would not permit him 
 to examine the uncle agaiuft the nephew. Wonderful huma- 
 nity ! Goodnefs ever to be remembered and extolled ! But 
 did not you, Sir, advife and dire& the whoie proceedings a- 
 gainft me ; and will you have the effrontry to maintain that 
 Alexander Muir was not dragged like a felon from his own 
 home, by the mermidons of power, carried before your 
 friend Honeyman, and that every art was employed to wring 
 from him every domeftic fecret ? 
 
 Speak then to us of your humanity continue to fpeak to 
 us of your feelings ! 
 
 . Fifher next depones, that I much prefled John Muir to 
 purchafe Paine's works, that he was prevailed upon, an4 
 that fhe was fent accordingly to purchafe them. Now you 
 will hear the evidence of this man, immediately in exprefs 
 contradiction to this witnefs. She next tells you, that I ad- 
 vifed another domeftic, Wilfon my hair drefler, to purchafe 
 Paine's works and keep them in his fhop, in order to en- 
 lighten the people, and you will hear Wilfon immediately 
 exprefs himfelf far otherwife. She fpeaks of carrying fome 
 paper, which {be thinks was a Declaration of Rights, to a 
 Printing Office to be corrected. Every thing in her evi- 
 dence is made to tally with the indictment ; I am accufed 
 of circulating a paper, entitled a Declaration of Rights by 
 the Friends of Reform in Paifley. And this refpe&able per- 
 fonage ! fo highly complimented by the Court, muft like- 
 \vife fwear fomething concerning this. Yet her tenacious 
 memory utterly fails her. She thinks fhe can only remem- 
 ber what the title was, but nothing more. She knows no- 
 thing of the fubilance of the writing, but her evidence is to 
 give a colour to the allegation of my having circulated that 
 paper from Paifley ; and to furnifh ground for infmuating, 
 that I myfelf was the author of it. 
 
 "Gentlemen, the witnefs next fwears to a fad which mufl 
 roufe, as having domeflics yourfelves, your keeneft indig- 
 nation. Vigilant has this family fpy been in the courfe of 
 her duty. She tells you what books fhe has feen lying up-
 
 [ "9 J 
 
 on my table. Not contented with defcribing the title of 
 the books, fhe muft go more deeplj 5 and me informs you 
 that flie faw, in my houfr, a copy of Paine's writings upon 
 fine paper, and one or two copies upon coarfe ! Gentlemen, 
 from this moment, lock up your libraries. If they are ex- 
 tenfive, as you have heard mine is, there is no crime in the 
 whole catalogue, of which, by the teftimony of your own 
 fervants, you may not be found guilty. The pofleffion of 
 Plato, of Harrington, or of Hume, will mark you down for 
 republicans. The misfortune of having the Alcoran of Ma- 
 homet, will caufe the fliipwreck of your faith, and ftigma- 
 tize you as the difciples of the conqueror of Mecca. Well 
 
 do I congratulate the Lord Advocate of Scotland He has 
 
 dtfcovered a new region in the fphere of criminality He 
 
 will not merely confine himfelf to a voyage of difcovery; 
 But, along with his affociates, he will make many voyages 
 to this fertile land, and return home, loaded with many va- 
 luable cargoes. But ferioufnefs becomes this place. Can 
 it be believed, that in the clofe of the eightheenth century, 
 that this night the fervants of a man mould be examined con- 
 cerning what particular books he may have had in his houfe ; 
 and that the proof of the pofleffion of particular books may 
 ruin his reputation j fweep away his property; and deprive 
 him of his life ! 
 
 Let us proceed with this witnefs. If you poffef* the 
 common feelings of men, every fentiment of indignation 
 muft be excited, not againft her {he is to be pitied her 
 talk has been a dreadful one ; but againft the manner in 
 which this crime of fedition has been attempted to be pro- 
 ved. 
 
 The libel charges me with felonioufly circulating a Dia- 
 logue betwixt the Governors and the Governed, extracted 
 from the ruins of Volney. This dialogue is narrated in the 
 indictment, and it is charged to be felonious and feditious. 
 There is not a word in this dialogue which is not true. A- 
 las ! in colours but too faithful, it delineats the mournful 
 hiftory of fix thoufand years ; the crimes of defpots, and
 
 the artifices of impoftors, tofubjugate, and to blind the peo- 
 ple. It is purely abflra&ed. It is entirely fpeculutive. To 
 no particular nation, much lefs to England, does it allude - 7 
 if to any, it muft be to France, under the ancient fyftem. 
 Yet, this dialogue is libelled as feditious and inflammatory. 
 The truth is, the crime of fedition muft be brought home 
 againft me ; and the poflelfion of any book, as well as that 
 of Volney, muft be employed to fubftantiate it. Let us 
 hear what the witnefs fays concerning the felonious circula- 
 tion. She heard me read it in the prefencs of my mother, 
 lifter, and fome other people ; that I faid it was very clever, 
 and done by Velneiv, one of the firft witts in France. Who 
 were thofe other people who were in company with my 
 mother and lifter when I read.it ? Her accuracy, fo much 
 extolled by the Court, totally fails her. But the propaga- 
 tion of fedition muft not be confined to a mother and a lif- 
 ter ; it muft have a wider range ; other people prefent ! and 
 founding upon his beloved generallity, the profecutor has rea- 
 fon to argue, there might have been a full company, a nu- 
 merous meeting nay, an immenfe congregation. 
 
 You have heard the teftimony of Filher, and thefe are 
 
 the arts ; and of this clafs are the witnefles by which I am 
 
 to fall. By receiving fuch teftimony, you forever deftroy 
 
 domeftic fociety ; you blaft the bloilbms of family confidence ; 
 
 ou render ALL fufpiciq^ of ALL ; each relation, to behold 
 
 in each, a deadly foe And is it not fufficient to weep over 
 
 public calamities, that wide-fpreading defolation which, at 
 prefent, pafles over the nations ; but when we retire to our own 
 homes, we muft be obliged to confine ourfelves in a difma! 
 folitude, guarded by fufpicion and by danger, where no 
 kindred affections can enter, and where no reciprocal con- 
 folation can be admitted. 
 
 I haften over the evidence of the remaining witnefles a- 
 gainft me. I am overcome by the exertions of this day j and 
 you muft be greatly exhaufted. 
 
 The next is the evidence of Thomas Wilfon, my hair- 
 <3refler, and he is brought to bring up the rear of
 
 teftimony. He dep6nes, That I afked him if he had bought 
 Paine's Works, and that I advifed him to get a copy of 
 them, as a barber's fhop was a good place to read in. Does 
 this confirm the teftimony of Fifher, who fays, I defired 
 him to buy that Work, and to keep it in his fliop, in order 
 to enlighten the people. Mark the art of Fifher. How 
 ftrongly {he paints what might feem to flrike againft me, 
 !To enlighten the peopk ! But does Wilfon concur in this ? 
 No. Wilfon \ the perfon who mould have beft remem- 
 bered the perfon to whom the words were addreffed. 
 
 Wilfon tells you, that he bought a copy of the Addrefs 
 to the AddreiTors ; but that was not by my advice. He 
 even recollects the levity of converfation. An old man, from 
 the country, came in while he was dreffingme; he remembers 
 me faying, that this old man was a great reformer. If I 
 ever faid fo, I wifh it may not have been in jeft, but ia 
 earned ; and that the fad, with regard to the man, v/as true. 
 For I know of none who mould be greater reformers, of 
 themfelvas and of others, than thofe who are Handing on the 
 brink of the grave, and panting upon eternity. But I am a- 
 fraid that this witnefs remembers only a piece of unmeaning 
 gaiety. For he adds, the old man faid I was only taunting him. 
 
 The conclufion of the evidence of Wilfon, affords me 
 high confolation. It is a proof of the innocency of my pri- 
 vate life, in moments when I could not pombly think of 
 the affectation of integrity. He fwears, that he has always 
 heard me fay, that I would maintain the Conflitution ; and 
 that I wiihed for peace, and good order, and good morals 
 among the people ; and that he never heard me fpeak a- 
 gainft the King. 
 
 The next teftimony is that of John Muir. He tells you 
 that he had a converfation with me in September laft, about 
 Paine's book, in my father's houfe ; that he afked the 
 loan of it from me ; that I told him I had it not. 
 Does this referable the conduct of a man accufed of 
 diftr Touting thefe books to all and fundry, and fcattering 
 them over every portion of the land ? He fays, I mention- 
 d that I would fend a fervant who would get it for him ;
 
 [ I" ] 
 
 that a iervant girl accordingly went and got it. Does not 
 this completely confute the teftiraony of Fifher, who af- 
 firms, that I much prefled this man to purchafe that book ? 
 and, he tells you, that he himfclf afked the loan of it? 
 
 Is not this a complete contradiction of her teftimony ? 
 
 The next witnefs is John Barclay. That old and vener- 
 able perfon, whom you faw adduced as a witnefs by the 
 ProfecHtor ; and what does he fay in his teftimony ? That 
 we were elders in the fame parifli ; the parifh of Calder, in 
 which the lands of my father are fituated. He informs you 
 that at the laft election of a minifter for that parifh, a dif- 
 pute had arifen, concerning the right of election, and that 
 he voted upon the fame fide of the queflion with myfelf. 
 This introduced acquaintance, and acquaintance produced 
 friendfhip. The Lord Advocate, in fpeaking of this vir- 
 tuous and venerable old man, exclaimed with infolent con- 
 tempt, Such men as thefe are the companions, and fuch 
 men as taefe are the friends of Mr. Muir! Yes, I tell the 
 Lord Advocate, I tell the ariftocracy of Scotland, I glory 
 more in the friendfhip of fuch an old, poor, and virtuous 
 man, than in the friendfhip of the highefl titled peer, who 
 derives the fources of his guilty grandeur from the cala- 
 mities of the people ; who wrings out a fplendid, but a 
 miferable revenue from their for row- and diftrefs, from 
 their tears, and from their blood, which he fquanders in 
 diffipation, to the ruin of private virtue, and to the con- 
 tamination of public morals. 
 
 Let us fee then what Mr. Barclay fays againft me. That 
 he afked my opinion concerning Paine's books ; and that I 
 told him he might purchafe them if he chofe, as they were 
 printed ; but that I afterwards faid, it was not a book for 
 us. Does Mr. Barclay's evidence fupport the criminal 
 charge in the libel, of my advifing people to read feditious 
 Jaooks, and of my circulating them over the country ? 
 Does not Mr. Barclay's evidence corroborate the teft-mony 
 of every other -vvitnefs ? That for the reafons which I ful- 
 ly explained, I never recommended, Mr. Paine's works ;
 
 [ 3 1 
 
 but that even when that work excited the greateft attention 
 of the country ; when mention of it was introduced into 
 every company, and into every converfation, I uniformly 
 exprefled myfelf, that it was not a book for our purpofe.-. 
 For our purpofe, who were engaged in the caufe of a Par- 
 liamentary and conftitutional Reform ! Is there a {ingle 
 witnefs brought forward by the Profecutor, who has, in 
 the fmalleft degree, Hated any converfation of mine which 
 was unconftitutional ? Hear what Mr. Barclay fays, that he 
 was frequently with Mr. Muir, and in his library, from 
 which he borrowed fome books ; that he had many conver- 
 fations with him, and heard him fay, that the conftitution 
 of this country was an excellent one ; that he praifed the 
 King ; and that he always fpoke of order, regularity, and 
 obedience to the ruling powers. In fhort, Gentlemen, all 
 and each of the witnefles for the Profecutor, ufe the fame u- 
 niforra language, atteft that neither in public nor in pri- 
 vate, ever a (ingle expreffion dropped from me, which the 
 moil violent ajjociator could conftrue into guilt. 
 
 The laft witnefs of whom I {hall take notice, is William 
 Muir ; the perfon whofe religious principles at firft indu- 
 ced him rather to fuffer, according to the elegant expreffion 
 of the Lord Advocate, eternal imprifonment than to take the 
 oath, until his fcruples were removed by the Rev. Mr. Dunn. 
 He fwears, that in my father's houfe, at Huntermill, I gave 
 him eleven numbers of the Patriot, and a copy of the Poli- 
 tical Progrefs. From thefe numbers of the Patriot feveral 
 paflages are quoted in the indictment. Of the Political Pro- 
 grefs there is no mention made ; and, I maintain, that eve- 
 ry pafTage in the Patriot, quoted in the libel, is higMy con- 
 ilitutional. The fentiments advanced in them ,.ay not 
 found mufically fweet to the ears of corruption. They call 
 upon you to arife and vindicate the purity of your confti- 
 tution. To vindicate your long loft rights ; and, il my feeble' 
 voice could extend ' to the remoteft corners of Scotland, I 
 fhould refound the fame fentiment, in the fame language. 
 Thefe numbers of the Patriot fpeak to you concerning fep<-
 
 C 4 1 
 
 tennial Parliaments. And, I fay to you, that the aft whicii 
 converted trienial Parliaments into feptennial, violated 
 our holy conftitution ; tore the charter of our national li- 
 berties, and paved the way for the inroads of a frightful 
 defpotifm. 
 
 But this witnefs qoncurs with all the preceding witneffes, 
 with regard to my condul, and to my principles. He 
 f\.-_ rs, That he does not remember to have heard me fpeak 
 againfl government ; that I did not advife unconftitutional 
 meafures ; and that he heard me tell, how Old Sarum was 
 reprefented. Old Sarum represented ! And, do not the 
 friends of the Conftitution weep ! and do not the enemies 
 of the Conftitution fmile, when they hear of fuch repre- 
 fentation. 
 
 Before I fpeak to the third article of accufation, the read- 
 ing, in the Convention, the Addrefs of the Society of Unit- 
 ed Irifhmen of Dublin, permit me to make one obfervation 
 on the manner in which the Profecutor fpoke of the papers 
 found in my cuftody. Do they correfpond with the view 
 which he prefented of them ? Are they the documents of 
 correfpondence with foreign or internal foes ? And, fup- 
 pofing I had involved myfelf in a correfpondence of that 
 nature, do you believe I could be fo infatuated as to retain, 
 in my pofleflion, that which m'uft have been attended with, 
 to me, certain deftruftion. Among my papers, there is 
 not one which can be conftrued into gtiilt. They confifl 
 of pamphlets unconnected with the politics of the day ; 
 and of the various publications of a fociety, pure and un- 
 tainted iu its principles, of which I have the honour to be 
 a member. But every thing muft be ranfacked to heap cri- 
 mination upon my head. One of the letters which I had 
 undertaken to deliver in Scotland, is addrefled to the Re- 
 verend Fifche Palmer. Mark ! cries the Lord Advocate, the 
 company which this man keeps. Who is Mr. Palmer ? A 
 pcrlon whom I have indicted for fedition, and \vho is to be 
 tried in a few days at Perth ! Unheard of cruelty ! Un- 
 exampled infolence ! What ! Before this court, this jury.
 
 t "5 ] 
 
 this audience, do you attempt to prejudicate and condenBI 
 Mr. Palmer, in his abfence, undefended, and without anj 
 poflibility of defending himfelf ? But, exclaims the Lord 
 Advocate, The feal upon the letter is a proof of the moft 
 atrocious guilt. What is it ? Horrible to tell ! It is the 
 Cap of Liberty, fupported upon a fpear, with the words 
 Ca Ira above. All is coafiftent. When you attempt 
 to banifh the fubftance of freedom the fhadow muft fol- 
 low ! When a new coinage takes place, you have given a 
 moft excellent hint. The officers of the mint, will profit 
 by the leflbn, and they will no more fcatter fedition through 
 the land, by imprefling upon our halfpennies the figure of 
 Britannia with a fpear in her hand, mounted with the 
 Cap of Liberty. But I am aftiamed to enter into fuch trifles. 
 If that letter had contained proofs of fedition, or of treafon 
 againft me, Mr. Palmer, or the writer of it the feal and 
 the fpear and the Cap of Liberty, would have been its 
 feebleft protection. 
 
 Gentlemen, I now come to the laft charge. That of 
 having read, in the Convention of Delegates, the Addrefs 
 from the Society of United Iriilimen in Dublin. 
 
 I admit the fact, and I glory in the admiffion. The Pro- 
 fecutor has reprefented that fociety, as a gang of mean and 
 nefarious confpirators ; and their diploma of my admlffion 
 into their number, as an aggravation of my crime. Let me 
 tell the Lord Advocate of Scotland, that fociety ftands too 
 high to be aflfecled by his invective, or to require the 
 aid of my defence. I am a member of that fociety ; and, ia 
 the laft moments of my life, to have been fo, fhall be my 
 honour and my pride. The Lord Advocate has reprefent- 
 ed to you, in general terms, that this addrefs amounts al- 
 moll to treafon ; but he durft not attempt to point out, in 
 his fpeech, a {ingle palTage which could fupport the afper- 
 iion. I maintain that every line of that addrefs is flriftly 
 conftitutional. You muil carry the whole of it along with 
 you into your chamber, and not judge of palTages fcandal- 
 mifly mutilated in the indictment, The mutilation of the 
 
 Q-
 
 r 126 } 
 
 very iirfl paragraph of the addrefs, is a proof of the fa-it- 
 riefs, and of the ingenuity of the Profecutor. I beg leave 
 to read how it ftands in the indi&ment, and then to read 
 what follows in the addrefs itfelf : 
 
 " We take the liberty of addreffing you, in the fpirit of 
 " civic union, in the fellowfhip of a juft and common caufe. 
 " We greatly rejoice that the fpirit of freedom moves over 
 " the furface of Scotland ; that light feems to break from the 
 " chaos of her internal government ; and that a country fo 
 " refpeclable for her attainments in fcience, in arts, and 
 " in arms ; for men of literary eminence ; for the intelli- 
 ' gence and morality of her people, now afts from a con- 
 " viftion of the union between virtue, letters, and liberty : 
 " and, now rifes to diftinclion,- not by a calm, contented,. 
 " fecret wifh for a Reform in Parliament, but by openly, 
 ** adively, and urgently willing it, with the unity and e- 
 " nergy of an embodied nation. We rejoice that you do 
 " not confider yourfelves as merged and melted down into 
 " another country, but that in this great national queltion, 
 " you are ftill Scotland. [See Appendix.] 
 
 This is the firft paragraph libelled on. But, even as 
 it is in the indictment. Is it not permitted to the United 
 Irimmen in Dublin, to congratulate this unfortunate 
 people upon account of former eminence in literature, in 
 arts, and in virtue ; and to exprefs the wifh, that they 
 would Hill retain that enviable diftinHon ? And, is that 
 laft and forlorn period now arrived, when thofe who ex- 
 prefs fuch a wifh, muft be called nefarious confpirators, and 
 he who has been the organ of its communication, muft be 
 branded with the epithets of, a "'wretch," of an " oracle of 
 difcord," of " a fiend of fedition :' r The children of your 
 children, in after ages, will not forget this ever-to-be-remem- 
 bered night. But here let us flop. I have faid that this 
 indidlment mutilated this paflage, as it does every other 
 paflage in this Addrefs ; It breaks off the paragraph at the 
 words, " You are ftill Scotland." It breaks off in the mid- 
 dle of a fentenfe ; and for what purpofe ? to countenance
 
 I "7 J 
 
 an infinuation, that the United Irifhmen in Dublin wifhed 
 a difTolution of the Union betwixt Scotland and England. 
 The Profecutor cuts off the remainder of the fentence which 
 demonflrated the fenfe, in which the United Irishmen 
 underftood the words " flill Scotland," exprefling fclely 
 their idea of her frill being diftinguifhed by her former luf- 
 tre. The words which are feparated from the feutence are 
 in the addrefs as follows : " That you are ftill Scotland 
 * l the land where Buchannan wrote, and Fletcher fpoke, 
 " and Wallace fought." Yes, I give my folemn affent to 
 this wifli, and to this hope of the United Irifhmen. My 
 voice fhall t'efound, Scotland fhall ftill be the land, where 
 Buchanan has written, where Fletcher fpoke, and where 
 Wallace : fought. 
 
 Let us attend to the mutilation of ano-ther paffage, in 
 this extraordinary indiftrnent. I mail read it as it ftands : 
 
 *' We will lay open to you our hearts. Our caufe is your 
 " caufe If there is to be a ftruggle between us, let it be 
 *' which Nation fhall be foremofl in the race of mind ; let 
 * this be the noble animofity kindled between us, who fhall 
 " firft attain that free conftitution from which both are equi- 
 " diftant, who fhall firft be the faviour of the empire." 
 
 " The fenfe of both countries with refpecl to the intole- 
 " rable abufes of the conftitution has been clearly manifeft- 
 ** ed j and proves that our political fituations are not diffi- 
 " milar ; that our rights and wrongs are the fame.*' 
 
 The paiTage libelled upon flops at the words *.* rights and 
 wrongs are the fame." But it forbears to take in the remain- 
 tier, in which the fimilarity of our rights and wrongs is fpe- 
 cified. The felf-ele&ed magiftrates of Burghs the unequal 
 reprefentation of the People in Parliament and the total 
 privation, in Scotland, of the (hadowof popular Election. 
 
 Gentlemen, I will read over many paffages of this Ad- 
 drefs, not merely becaufe they are the production of an im- 
 mortal pen, but becaufe every word is regulated by the 
 fpirit of the conftitution. 
 
 \Here fifr. Muir read moft of the Addrefs ; but we for- 
 
 QJj
 
 bear to infert tie particular pqffages, as tie u-loie is in tie 
 
 Can you call this addrefs feditious or inflammatory, 
 which contains the following fentiment? " If Government 
 *' has afincere regard for the fafety of the comtitution, let 
 '* them coincide with the people in the fpeedy reform of 
 " its abufes, and not by an obftinate adherence to them, 
 " drive that people into Republicanifm." 
 
 Gentlemen, the Lord Advocate has reprefented the au- 
 thors of this addrefs, as the meaneft of mankind, and has ex- 
 prefsly called them infamous wretches, who had fled from 
 the punifliment due to their crimes. What flander !---what 
 falfe, unfounded flander ! Has Doctor Drennan ? Has 
 Mr. Hamilton Rowan ; whofe names are at the head of this 
 addrefs, fled from crimes and from punimment ? " And they 
 are infamous wretches !" If ever after ages fliall hear of my 
 name, I wiih it may be recorded, that to thefe men I had 
 the happinefs of being known. To be honoured by the no- 
 tice of Do&or Drennan is an ambition to which, in the moft 
 exalted ftation of life, I would fondly afpire. To have it 
 faid, that 1 was the friend of Mr. Hamilton Rowan, I 
 would confider as the paflport to the only acquaintances 
 whom I value j thofe who found their claim to diftin&ion 
 upon the only true balls, their own virtues. Mr. Rowan 
 is indeed indi&ed to iland trial in Ireland, upon a charge 
 fimilar to my own. Mr. Rowan has not fled. He will boldly 
 meet his accufation ; and, let me fay, along with thofe who 
 know him, that, although it is impofiible to add any new 
 luftre to his character, yet, as he has often come forward 
 in the caufe of individual humanity, he will difplay him. 
 felf upon that occafion, the firm, the intrepid, and, I hope, 
 the fuccefsful champion of the liberties of his native coun- 
 try- 
 
 I hailen to a conclusion. Much yet remains'to fay. But 
 after, upon my part, the unremitted exertions of fixteen 
 houis, I feel myfelf nearly exhausted.
 
 [ "9 ] 
 
 Lock once more, I entreat you, to the indi&ment, and 
 .compare it with the evidence. 
 
 The firft charge agaiad me is, that in piiblic fpeeches, I 
 vilified the King und Conilitution. All the witness addu- 
 ced attell, that, both in public and in private, even in my 
 mofl unguarded moments, my language was always re- 
 fpe&ful to the King, and that I always recommended the 
 Conftituticn. 
 
 The fecond charge againft me, is, that of advifiog the 
 people to read fediticus books, and of diftributing inflam- 
 matory publications among them : And you hear it proved 
 by the unanimous voice of all the witneffes for the Crown, 
 that I refufed to recommend any books, and that the only 
 one which I recommended, was Dr. Henry's Hiilory of 
 England. You will not forget the circumflances in which 
 I lent Freeland a copy of Mr. Paine's Works ; nor will you 
 forget the manner in which the writings of that man were 
 introduced in converfation with Wilfon, Muir, and with 
 Barclay. With regard to other books and pamphlets 
 mentioned in the libel, there is not any proof. William 
 Muir has deponed, that I gave him one or two numbers of 
 the Patriot, and fome other pamplilets, whofe titles I can- 
 not remember. William Muir is but a fingle witne& to 
 this fad ; and you know that, by the laws of Scot- 
 land, the teltimony of a fingle witnefs cannot claim 
 any weight ; but I frankly admit and acknowledge, 
 that I gave him thofe numbers of the Patriot, and, if I 
 were not now entirely overcome by fatigue, I could de- 
 monflrate to you, that, in thofe numbers, there is not a 
 fingle fentiment unconftitutional or feditious. 
 
 I am accufed of reading the Iriih Addrefs in the Conven- 
 tion, and of moving a lolemn anfwer in return,. That ad- 
 drefs is neither feditious, wicked, nor inflammatory. There 
 is not a fentence in it, which 1 have not defended in your 
 prefence. 
 
 You neither can do juftice to me, nor to the country, 
 if you condemn thefe different publications, upon account
 
 r 130 ] 
 
 of the fcandaloufiy mutilated extra&s from them in th? 
 libel. You muft carry the whole of them along with 
 you from this place. It is not upon detached pafiages 
 you are to judge ; but you muft decide upon the whole. 
 
 Gentlemen of the 'Jury, 
 
 This is now perhaps the laft time, that I fhall addrefs 
 my country. I have explored the tenor of my paft life. 
 Nothing fhall tear from me the record of my departed days. 
 The enemies of Reform have fcrutinized, in a manner hi- 
 therto unexampled in Scotland, every aftion I may have 
 performed, every word I may have uttered. Of crimes, 
 moft foul and horrible, have I been accufed Of attempt- 
 ing to rear the ftandard of civil war, and to plunge 
 this land in blood, and to cover this land with defolation. 
 At every ftep, as the evidence of the Crown advanced, 
 my innocency has brightened. So far from inflaming 
 the minds .of men to fedition and to outrage all the 
 witnefTes have concurred, that my only anxiety was, to 
 imprefs upon them the neceffity of peace, of good order, 
 and of good morals. What then has been my crime ? Not 
 the lending to a relation a copy of Mr Paine's Works ; not 
 the giving away to another a few numbers of an innocent 
 and conftitutional publication ; but, for having dared to 
 be, according to the meafure of my feeble abilities, a flre- 
 nuous and alive advocate for an equal reprefentation of 
 the People in the Houfe of the People ; For having da- 
 red to attempt to accomplifh a meafure, by legal means, 
 which was to diminifh the weight of their taxes, and to 
 put an end to the'profufion of their blood. From my in- 
 fancy to this moment, I have devoted myfelf to the caufe 
 of the People. It is a good caufe. It fhall ultimately pre- 
 vail It fhall finallv triumph. Say then openly, in your 
 verdir, if you do condemn me, which I prefume you will 
 not, That it is for my attachment to this caufe alone, and 
 not for thofe vain and wretched pretexts ftated in the in- 
 di&ment, intended only to colour and difguife the real 
 motives of my accufation. The time will come, when
 
 C '3' 1 
 
 men muft ftand or fall by their a&ions ; when all ha- 
 man pageantry mall ceafe ; when the hearts of all (hall be 
 laid open. If you regard your moil important interefts, . 
 if yo*u wifh that your confcience mould whifper to you 
 words of confolation ; or fpeak to you in the terrible lan- 
 guage of remorfe Weigh well the verdict you are to pro- 
 nounce. As for me, I am carelefs and indifterent to rny 
 fate. I can look danger and I can look death in the face, 
 for I am fhielded by the confcioufnefs of my own rectitude. 
 I may be condemned to languifh in the receffes of a dun- 
 geon I may be doomed to afcend the fcaffold Nothing 
 can deprive me of the recollection of the paft Nothing 
 can deftroy my inward peace of mind, arifiag from the re- 
 membrance of having difcharged my duty. 
 
 When Mr, Muir fat down, an unanimous burft of ap- 
 plaufe was exprefled by the audience. 
 
 When the acclamations had ceafed, be arofe and faid, 
 
 I have omitted to take notice of the evidence adduced 
 upon my part, I am not going to detain you a moment 
 longer. To you I leave the import of the whole of that 
 evidence. 
 
 The LORD JUSTICE CLERK, in fumming up the evidence, 
 faid, that the indictment was the longeil he had ever feen j 
 but it was not neceiTary to prove the whole, in order to 
 find the Pannel guilty, for the Jury had only to look at the 
 concluding fentence of the indictment, from which it was 
 ptain, that if any one part of the libel was proven, it efta- 
 bliihed the guilt of the Pannel the fame as if the whole was 
 fubflantiated. 
 
 Now, this is the queflion for confideration. Is the Pan- 
 nel guilty of Sedition, or, is he not ? Now, before this 
 queftion can be anfwered, two things muft be attended to 
 that require no proof: Firjl, that the Britifh Conflitution 
 is the beft that ever was lince the creation of the world, and 
 it is not poffible to make it better ; for, is not every man 
 fecure ? Does not every man reap the fruits of his own in- 
 duftry, and lit fafely under his own fig-tree ? The next cir-
 
 C *fr J 
 
 cuajffance is, that there was a fpirk of feditioa in this coun- 
 try laft winter, which made every good man very uneafy. 
 And his LordfiSip coincided in opinion with the matter of 
 the grammar fchool of Glafgow, who told Mr. Muir, thaX 
 he thought propofing 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 abfolutely neceffary for preferring 
 their liberty, which, if it had not been for him, they would 
 never have thought was in danger. His LordHiip did not 
 doubt that this would appear to them as it did to him, to 
 be fed it ion. 
 
 The next thing to be attended to, was the outlawry 
 
 Running away from juflice, that was a mark of guilt. And 
 what could he do in France at that period ? pretending to 
 be an ambaiTador to a foreign country without lawful au- 
 thority, that was rebellion ; and he pretends to have had 
 influence with thofe wretches, the leading men there. And 
 what kind of folks were they ? His Lordfhip never liked the 
 French all Us days, but now he hated them. 
 
 The Pannel's haranguing fuch multitudes of ignorant 
 weavers about their grievances, might have been attended 
 with the worft confequences to the peace of the nation, and 
 the fafety of our glorious conftitution. 
 
 Mr. Muir might have known, that no attention cculd be 
 paid to fuch a rabble. What right had they to reprefenta- 
 tion ? He could have told them that the Parliament would 
 never lifleu to their petition : How could they think of it ? 
 A government in every country fcould be juit like a cor- 
 poration ; and, in this country, it is made up of the land- 
 ed intereft, which alone has a light to be reprefented ; as 
 for the rabble, who have nothing but perfonal property, 
 wh^t hold has the nation of them ? What fecarity for the 
 payment of their taxes ; they may pack up all their pro- 
 perty on their backs, and leave the country in tie twinkling 
 f an eye, but landed property cannot be removed.
 
 t 133 i 
 
 The tendency of the Pannel's conducl was plainly to pro- 
 mote a fpirit of revolt, and, if what was demanded, was 
 not given, to take it by force. His Lordfhip had not the 
 fmallefl doubt that the jury were, like himfelf, convinced 
 of the Pannel's guilt, and defired them to return fuch a ver- 
 dift as would do them honour. 
 
 The Court retired at two o'clock on Saturday morning, 
 and met again at twelve o'clock of the fame day, when the 
 Jury returned the following 
 
 v E R D r c r. 
 
 EDINBUP.GH, Augujl 31. 1793. 
 
 The above affize having enclofed, made choice of the faid 
 "Gilbert Innes to be their Chancellor,' and the faid John 
 Balfour to be their Clerk ; and having considered the cri- 
 minal libel, raifed and purfued, at the inflance of his Ma- 
 jeftj's Advocate, for his Majefty's intereft, againft Thomas 
 Muir Pannel, the interlocutor of relevancy, pronounced 
 tbereon by the Court, the evidence adduced, in proof of 
 the libel, and the evidence in exculpation ; they are all, in 
 one voice, finding the Pannel Thomas Muir Guilty of the 
 crimes libelled ; In witnefs thereof their faid Chancellor 
 and Clerk, have fubfcribed thefe prcfents, confining of this 
 and the preceding page, in their names and by their ap- 
 pointment, place, and date forefaid, 
 
 (Signed) GILBERT INNES, Chan. 
 JOHN BALFOUR, Clerk. 
 
 The verdid being recorded, the LORD JUSTICE CLERX ad- 
 drefled the Jury, and faid, That this trial had been of the 
 greateft importance. He was happy that they had beflowed 
 fb much attention upon it, and informed them, that the 
 Court highly approved of the verdi6l they had given. He 
 then defired their Lordfhips to give their opinion upoa thi$ 
 yerdict, and what punifliment flaould be inflicted. 
 
 R
 
 C- 34 3 
 
 Which they did to the following purport : 
 
 LORD HENDERLAND obferved, that the alarming fituatioa 
 in which this country was during the courfe of laft winter, 
 gave uneafinefs to all thinking men : His Lordfhip faid, that 
 he now arrived at the moft difagreeable part of the duty 
 encumbent upon him, which was to fix the punifliment 
 due to the crime, of which the Pannel was found guilty. 
 The indiftment contained a charge of fedition, exciting 
 a fpirit of difcontent among -the inferior clafles of people, 
 and an attack againft the Glorious Conftitution of this coun- 
 try, the Jury, by the verdift which they had returned, and 
 to which the Court had alone recourfe, had found the Pan- 
 nel guilty ; and it was their Lordlhips duty only, now to 
 fix the punifliment due to the offence. His Lordfhip faid, 
 that he would not dwell upon the evil confequences of the 
 crimes committed by the prifoner. The melancholy exam- 
 ple of a neighbouring country, which would forever ftain 
 the page of hiftory, rendered it unneceflary for him to re- 
 capitulate the circumflances of the cafe. In that country, 
 the confequences of fuch meafures have produced every 
 kind of violence, rapine, and murder. There appeared, 
 he faid, to have been in this country a regular plan of fedi- 
 tious meafures. The indecent applaufe which was given 
 to Mr. Muir laft night, at the conclufion of his defence, 
 within thefe walls, unknown to that High Court, and in- 
 confiftent with the folemnity which ought to pervade the 
 adminiftration of juftice, and which was infulting to the 
 laws and dignity of that Court, proved to him, that the 
 fpirit of fedition had not as yet fubfided. He would not, 
 he faid, feek to aggravate the offence committed by the 
 Pannel, by the mifcondud of others, in order to increafe 
 the punifhment. The punifhment to be inflicted is arbitra- 
 ry, of which there is a variety. Banifhment, he obferved 
 would be improper, as it would only be fending to another 
 country, a man, where he might have the opportunity oi 
 exciting the fame fpirit of difcontent, and fowing with a
 
 C 135 ] 
 
 plentiful hand (edition ; whipping, was too fevere, and 
 difgraceful, the more efpecially to a man who had bore his 
 character and rank in life. And imprifonment, he confider- 
 ed, would be but a temporary punifhment, when the crimi- 
 nal would be again let loofe ; and fo again difturb the happi- 
 nefs of the People. There remains but one punifhment in 
 our law, and it wrung his very heart to mention it, viz. 
 'Tranfportation. It was a duty he confidered he owed to his 
 countrymen, to pronounce it, in the fituation in which he 
 fat, as the punifhment due to his crimes. His Lordfhip 
 obferved, it was extraordinary that a gentleman of his dif- 
 cription, of his profeffion, and of the talents he pofTefled, 
 fhould be guilty of a crime deferving fuch a punifhment, 
 but he faw no alternative. For what fecurity could we 
 have againfl his future operations, but a removal from his 
 country, to a place where he could do no further harm. 
 His Lordfhip was therefore of opinion, that the Pannel 
 fhould be recommitted to prifon, there to remain, till a 
 proper opportunity fhould offer for tranfporting him, to 
 fuch place as his Majefty, with the advice of his Privy 
 Council, might appoint for the fpace of Fourteen years from 
 the date of the fentence ; and that he mould not return 
 within that period under the pain of death. 
 
 LORD SWINTON The crime with which the Pannel is, 
 by the Jury of his country, found guilty, is /edition. It 
 is a generic crime, and which is defined by our lawyers, to 
 be a commotion of the people without authority, and of 
 exciting others to fuch commotion againfl the public wel- 
 fare. This crime, he obferved, confifted of many gradp- 
 tions, and might have run from a petty mob, about wages, 
 even to high treafon. He thought the punifhment fhould 
 be adapted to the crime. The queflion, he faid, was then, 
 What was the degree of the crime the Pannel has been guil- 
 ty of. That was to be difcovered from the libel, of which 
 he has been found guilty by the unanimous verdict of a re- 
 fpeftable Jury of his country. It appeared to him, to be a 
 crime of the mofl heinous kind, and there was fcarcely a 
 Rij
 
 C 136 3 
 
 tiiftiii&ion between it and ligb -treafon. As by the dinblo- 
 tion of the focial compaft it made way for, and fo it might 
 .be faid, to include every fort of crime, murder, rolbery, ra- 
 piix, fire-raifing, in fhort every fpecies of wrong, public 
 and private. This, he obferved, was no theoretical rea- 
 foning, for we had it exemplified before our eyes, in the 
 prcfent Hate of France, where, under .the pretence of affert- 
 iug liberty, the worft fort of tyranny was eftablifhed, and 
 all the loyal and moral ties which bind mankind were bro- 
 ken. Nay, marneful to tell, even religion itfelf was laid 
 afide, and publicly difa vowed by the National Convention. 
 
 Certain wretched pcrions, afTuming to themfelves, mcfl 
 falfcly and iiifidiotifiy, the refpeclable name of Friends of 
 the People, and of Reform, although they deferved the 
 veiy cppofiie denomination, by which means they have mil- 
 led, and drawn after them, a great number of well-mean- 
 ing, though iimpJe and unwary people. 
 
 If punifhment, adequate to the crime, were to be fought 
 for, there could be found no punifhment in our law fuffi- 
 cient for the crime in the prefeut cafe, new that torture is 
 happily abolilhed. 
 
 E.y the Roman law, which is held to be our common law 
 where there is no ilatute, the punilhment was various, and 
 tranfportation was among the mildeft mentioned. Paulus, 
 L. ,8. Big. dc Pauls, writes, AEiorcs feditionis et tumultus, 
 popv/a ccricitato, pro quat'iiate dignitatis, aut in fur cam tol- 
 tu,ilur, aut Ifft'us olijiciunttir, aut in infulam deportantur. *. 
 \Vc have chofen the mildeft of thefe puniihments. By the 
 /.Wi'A:, lib. 9. t. 30. da Seditiojls ct l>i s qui plebem c ontra rem- 
 j.iJ>licin/t undent cUlegere, 1. i. & 1. fucli perfons are fub- 
 
 jeftL-d ^d inaicitim gravijjimam Baldus writes, Provocarts 
 
 iumuiiuin ft clumofem in populo, debet mon pcena fe diti onis. - 
 And by a conilitution of the Emperor Leo : Suldandos au- 
 Idtn pxxis e:s quas dc fcditionis et tumultus aufloribus vetujlif- 
 jlnia deer eta J'uJixerint. 
 
 The ibis object of punifhment among us, is only to deter 
 from committing the like crimes in time coining...-
 
 [ 137 ] 
 
 Therefore the punifliment fhould be made equal to the crime. 
 All that is neceflary is, that it ferve as an example and ter- 
 ror to others, in time coming, againft a repetition of the 
 like offence. In the prefent cafe, he thought that "Tranf- 
 portation was the lighteft punifliment that could be affigned, 
 and that for the fpace of fourteen years, under the certifi- 
 cation of death, in cafe of returning before the expiration 
 ef that term. 
 
 LORD DUNSINNAN. His Lordfhip fpoke in fo low a tone 
 of voice, that we had not an opportunity of following him, 
 throughout the whole of his opinion. He however agreed, 
 with the reft of their Lordlhips, in the punimment which 
 they faid Mr. Muir deferved, viz.. Tranfportatioa for four- 
 teen years, with the ufual certification, &cc. 
 
 LORD ABERCROMBY His Lordfhip did not think it ne- 
 
 eeffary to fay much as to the enormity of the crime, after 
 what had been already faid. By our law, it might have a- 
 mounted to treafon, and even as the law now ftands, it came 
 very near it. 
 
 He obferved, that Mr. Muir laft night, when conducting 
 his defence, had ftated, arid which was marked, and it had 
 great weight with him, " That the people fhould be cau- 
 *' tious, and by all manner of means avoid tumults and 
 " diforders, for through time the mafs of the people would 
 " bring about a Revolution." (Here Mr. Muir rofe, and 
 faid, ." I deny it, my Lord, it is totally falfe.") If any 
 thing could add to the improper nature of the Pannel's de- 
 fence, it was his pretended million to France, and the hap- 
 pinefs, he expreffed, in the circle of acquaintance he had 
 there. It was evident,, faid his Lordfhip, that his feelings 
 did too much accord with the feelings of thofe monfters. 
 His LordQiip coincided with the reft of their Lordfhips, in 
 regard to the punimment, which, they had given as their 
 opinion, Mr. Muir deferved. 
 
 LORD JUSTICE CLERK. His Lordihip faid, he was con- 
 iiderably aiFe&ed to fee the pannel ftand trial for feclition, a 
 man who had got a liberal education, wss member of a re-
 
 [ *3* J 
 
 fpe&able fociety, poflefled conflderable talents, and had fuf- 
 tained a refpeftable chara&er. His Lordfhip confidered the 
 very loweft fpccies of this crime as heinous, and that it was 
 aggravated according to the objecl in view. Here the ob- 
 ie& was important ; for it was creating in the lower clafies 
 of people, difloyalty, and difatisfaction to government, and 
 this amounting to the higheft fort of fedition, is bordering 
 on treafon, and a little more would have made the Pannel 
 ftand trial for his life. 
 
 His LordOiip agreed in the propriety of the propofed pu- 
 ni foment, and he obferved that the indecent applaufe which 
 was given the Pannel lafl night, convinced him, that a fpi- 
 rit of difcontent ftill lurked in the minds of the people, and 
 that it would be dangerous to allow him to remain in this 
 ' country. His Lordfhip faid, this circumftance had no little 
 weight with him, when confidering of the punifliment Mr. 
 Muir deferved. He never had a doubt but tranfportation 
 was the proper punifliment for fuch a crime, but he only 
 hefitated whether it mould be for life, or for the term of 
 fourteen years ! The latter he preferred, and he hoped the 
 Pannel would reflect on his paft conduct, and fee the impre- 
 priety which he had committed, and that if he fliould be a- 
 gain reftored to his country, he might ftill have an oppor- 
 tunity of ihowing himfelf to be a good member of that con- 
 ilitution which he feemed to defpife fo much. 
 
 After his Lordfliip had delivered his opinion, and during 
 the time the fentence was recording, Mr. Muir rofe and 
 faid, 
 
 My Lord J'uftice Clerk, I have only a few words to fay. 
 IJball not animadvert upon the fenerity or tie leniency of my 
 fentence. Were I to be led this moment from tie bar to the 
 fcaffbld, Ifhouldfeel the fame calmnefs and ferenity which I 
 now do. My mind tells me, that I have acted agreeably to my 
 confcicnce, and that I have engaged in a good, a jujl, and a 
 glorious caufe a caufe which fooner or later muft, and will; 
 prevail ; end, by a iimley reform feme this country from dc- 
 JlruElion*
 
 [ '39 3 
 
 THE SENTENCE. 
 
 Xhe Lord Juftice Clerk, and Lords Commiffioners of the 
 Jufticiary, having confidered the foregoing verdift, where- 
 by the affi'ze, all in one voice, Find the Panne} GUILTY 
 of the crimes libelled : The faid Lords, in refpeft of the 
 faid verdift, in terms of an aft pafled in the ijth year of 
 his prefent Majefty, entitled, " An Aft for the more effec- 
 " tual tranfportation of felons and other offenders in that 
 " part of Great Britain called Scotland." Ordain andadjudge 
 that the faid Thomas Muir be Tranfported beyond Seas, to 
 fuch place as his Majefty, with the advice of his Privy 
 Council, mall declare and appoint, and that for the fpace of 
 Fourteen Tears from this date, with certification to him, if 
 after being fo tranfported, he fhall return to, and be found 
 at large, within any part of Great Britain, during the faid 
 Fourteen Years, without fome lawful caufe, and be thereby 
 lawfully convifted, he {hall fuffer Death as in cafes of fe- 
 lony, without Benefit of Clergy by the Law of England : 
 And ordains the faid Thomas Muir to be carried back to 
 the Tolbooth of Edinburgh, therein to be detained till he, 
 is delivered over for being fo tranfported, for which this 
 ihall be to all concerned, a fufficient warrant. 
 
 (Signed) ROBERT M'QuEEi.%
 
 APPENDIX. 
 
 NUMBER I. 
 
 COPY SENTENCE OF FOGITATION. 
 
 February 25. 1793. 
 
 1 HE which day the diet of the criminal letters, raifed and car- 
 ried on at the inftance of Robert Dundas, Efqj of Arnifton, his 
 Majefty's Advocate, for his Majefty's intereft, againft Mr. 
 Thomas Muir, younger of Hunterfhill, Advocate, being called, 
 and the faid Mr. Thomas Muir, having been oftimes called in. 
 Court, and three times at the door of the Court-houfe, he failed 
 to appear. 
 
 Whereupon his Majefty's Advocate, moved, that fentence of 
 outlawry and fugitation might be awarded againft him ; and as 
 he underftood that bail had been given for his appearance, when 
 apprehended by the Sheriff of the cpunty of Edinburgh, he cra- 
 ved that the penalty in the bond might be forfeited and reco- 
 vered. 
 
 " The Lord Juftice Clerk and Lords Commiffioners of Jufti- 
 ciary decern and adjudge the faid Thomas Muir, to be an out- 
 law and fugitive from his Majefty's laws, and ordain him to be 
 put to his Highnefs's horn, and all his moveable goods and gear 
 to be efcheat and inbrought to his Majefty's ufe, for his contempt 
 and difobedience in not appearing this day and place in the hour of 
 caufe, to have underlyen the law for the crimes of- fedition, and 
 others fpecified in the faid criminal letters raifed againft him 
 thereanent, as he who was lawfully cited to that effeft, and of- 
 tentimes called in court, and three times at the door of the 
 S
 
 
 court-houfe, and failing to appear as faid is. And ordain the 
 bond of caution, granted for the appearance of the faid Mr,- 
 Thomas Muir, in the Sheriff-court books of Edinburgh, to be 
 forfeited, and the penalty therein contained' to be recovered by 
 the dlerk of this Court, to be difpofcd of as the Court (half 
 direct. 
 
 (Signed) ROBERT M'QUEEN, J. P. D " 
 
 NUMBER II. 
 
 At Edinburgh^ the id of January 1793- 
 
 THE which day compeared, in pretence of John Priagle, Elc, 
 advocate, his Majefty's Sheriff Depute of the ihire of Edinburgh, 
 "Thomas Afuir, Efq. advocate j who, being examined by the;- 
 Sheriff, and being interrogated, Whether or not the declarant, 
 in the month of November laft, was in the towns of Kirkintil- 
 loch, Lennoxtown of Campfie, or Milltown of Campfie ? de- 
 clares, That he declines anfwering any quellions in this place, 
 as he confidtfrs a declaration of this kind, obtained in thefe cir- 
 cumftances, to be utterly inconfiftent with the conftitutionat 
 rights of a Britifti fubjedl : That he has folemnly maintained this 
 principle in pleading for others in a criminal court, and that, 
 when it comes to be applied to his own particular cafe, as at pre- 
 fent, he will not deviate from it : Declares, That he neither 
 compofed, publimed, nor circulated books or pamphlets, in- 
 flammatory or feditious : That, in public and private, he al- 
 ways advifed, and earneflly entreated thofe who might be en- 
 gaged in the profecution of a conftitutional reform, in the repre- 
 fentation of the people in the Houfe of Commons, to adopt mea- 
 fures mild but firm, moderate but conliitutional j and that he 
 has always inculcated upon all whom he may have addreffed up- 
 on any occafion, that there was no other mode of accompliihing 
 a conftitutional reform, in the. reprefentation of the people in 
 the Houfe of Commons, but by the mode of refpeclful and con- 
 ftitutional petitions to that Houfe, for that purpofe : And that 
 ; he did not doubt but the wifdom of that Houfe would liften t
 
 fhe voice of the people, when thus conuitutionaHy prefented : 
 And being mown three numbers of a paper, entitled. The Pa- 
 triot, the nrft dated, " Tuefday, April jyth 1792;" The fe- 
 cond dated, " Tuefday, June J2th j" and the thisd, " Tuefday, 
 July loth," without mention of the year; and being interroga- 
 ted, if he gave thefe pamphlets to William Muir, weaver in 
 Kirkintilloch, and eight other numbers of the fame publication ? 
 declares, That he adheres to the principles which he "lias men- 
 tioned in the preceding part of this declaration, and declines 
 anfwering the quettion. And being mown a book, entitled, 
 " The Works of Thomas Paine, Efq." and interrogated, If he 
 did not give faid book to Henry Freeland, weaver in Kirkintil- 
 ioch, and firft Prefes of the Reform Society there ? declares, 
 That he adheres to his principle, and declines anfwering the 
 quertion. And being mown a pamphlet, entitled, " A Decla- 
 ration of Rights,' 5 and an ' Addrefs to the People j" and in- 
 terrogated, Whether or not he gave the aforefaid pamphlet to 
 the faid Henry Freeiand ? declares, That he declines anfwering 
 upon the aforefaid principle. And being interrogated, Whe- 
 ther or not he gave to the aforefaid Henry Freeland, a book, 
 entitled, " Flower on the French Conftitution ? " declares. That 
 he declines anfwering the queftion, upon the aforefaid principle ; 
 and all the before-mentioned books are marked as relative here- 
 to, of this date. And being interrogated, Whether or not the 
 declarant was a member af the Convention which met in Edin- 
 burgh, in the month of December laft, ftiling themfelves the 
 Convention of the Affociated Friends of the People, and produ- 
 ced ^o that meeting, a paper, entitled " Addrefs from the So- 
 ciety of United Irilhmen in Dublin, to the Delegates for Re- 
 form in Scotland, 2jd November 1792," and moved, that the 
 thanks of the meeting fliould be returned to that Society, for 
 laid Addrefs ? Declares and declines anfwering ihe rjueiHcn, up- 
 on the aforefaid principle. All this he declares to be truth. 
 
 (Signed) THOMAS MUFR. 
 
 JOHN PR INGLE, 
 Sij
 
 I 144 J 
 
 NUMBER III. 
 COPY DEC LA RATION 
 
 OF 
 
 GEORGE WILLIAMSON 
 
 At Edinburgh, AUCBST 10. 1793. 
 
 GEORGE WILLIAMSON, meffenger in Edinburgh, declares, That 
 on Friday the 2d of Auguft inftant, he received a warrant of 
 the Court of Jufticiary, for bringing the perfon of Mr. Thomas 
 Muir, younger of Hunterfhill, from, the prifon of Stranraer, to 
 the priion of Edinburgh. In confequence of v\hich, he went to 
 Stranraer, and arrived there in the morning of Sunday the 4th 
 inftant, when he received the perfon of the faid Thomas Muir ; 
 and he alfo received from Mr. Kerr, one of the magillrates of 
 Stranraer, a parcel, fealed and intituled " Papers belonging 
 " and found on Mr. Thomas Muir, W. R. J. P." And which 
 packet was fealed with the feal of the burgh of Stranraer, and 
 alfo with two feals, which he now hears Mr. Muir declare to 
 "be his, and which parcel he now exhibits, with the feals entire- 
 And the forefaid parcel having been opened, in prefence of 
 the faid meriff fubftitute, Hugh Warrender, Efq; Mr. William 
 Scott, Procurator Fifcal of the ftiire of Edinburgh, George 
 Williainfon, meflenger in Edinburgh, and Jofeph Mack, writer, 
 Sheriff Clerk's Office ; and alfo, in prefence of Mr. Thomas 
 Muir, who admitted, that this was the parcel containing the ar- 
 ticles belonging to him, which were fealed up by the magiftrates 
 of Stranraer, and to which he then affixed his feals, and which 
 he obferved to be entire, previous to its being opened in his pre- 
 fence : The fame was found to contain : 
 
 l Ten copies of a pamphlet, entitled, " Proceedings of the 
 Society of United Irifhmen of Dublin. Dublin printed 
 by order of the Society, 1793." 
 
 2. A printed copy of the trial, at large, of Samuel Buihby, 
 and Judith his wife.
 
 [ M5 .1 
 
 $. Twenty-nine copies of a printed paper, entitled, " Uni- 
 ted Irifhmen of Dublin, 7th June 1793," being an Ad- 
 drefs from the Catholic Committee, to their Catholic 
 Countrymen. 
 
 4. Five copies of another printed paper, being " Refolutions 
 of the Society of United Irilhmen, held on the ijth of 
 July." 
 
 5. Twenty-two copies of a paper, purporting to be an ab- 
 ftracl of the trial of Francis Graham, Efq-, one of his 
 Majefty's Juftices of Peace for the county of Dublin, on 
 the 9th July 1793, before the Hon. Baron Power. 
 
 6. A printed copy of an al to prevent tumultuous rifings, 
 <b"c. of the 27th Geo. III. printed Dublin, 1787. 
 
 7. Eighty-four copies of a printed paper, dated, "Rath 
 Coffey, lit July, 1793 j" containing a quotation from, 
 Milton, on the liberty of unlicenfed printing. 
 
 8. Letter, figned J. Muir, dated Glafgow, 2 lit July 1793, 
 beginning with, Dear Sir, but having no addrefs. 
 
 9. Letter, figned Thomas Muir, and addrefled to Captain 
 George Towers, of the American fhip, the Hope, from 
 Baltimore, care of Meffrs. Cunningham, and Co. mer- 
 chants, Belfaft, and dated Dublin 27th July, 1793. 
 
 10. A Red Turkey pocket-book, containing: 
 
 I. A paflport from the Department of Paris, in favour of 
 citizen Thomas Muir, dated 23d April 1793, having 
 upon the back an indorfement, dated jth May 1793. 
 
 2 Receipt by A. M'Dougal to Mr. Muir, for 900 livres, 
 for his paffage in the cabin of the (hip from Havre-de- 
 Grace, to the Port of New York, dated Havre-de- Grace, 
 1 6th May, 1793. 
 
 3- Certificate that Thomas Muir has been duly elected one 
 of the members of the Society of United Irifhmen of Dub- 
 lin, dated nth January 1793, figned Archibald Hamil- 
 ton Rowan, Secretary. 
 
 4. Sealed letter, direded, " The Rev. Thomas Fifche Pal- 
 mer, Edinburgh."
 
 I 146 ] 
 
 5. Ditto, directed " Norman M'Leod, Efqj M. P. Scotland.'* 
 
 6. Ditto, directed " to Mrs. M'Cormick, at Dr. M'Cor- 
 mick's, St. Andrew's, Scotland, 
 
 7. Another paffport, of the Department of Calais, in favour 
 of citizen Thomas Muir, dated rjth January, 1793. 
 
 8. Paflport of the Comraiffary of the Section of the Thuille- 
 ries, in favour of citizen Thomas Muir, dated 4th May, 
 
 o. Declaration of Residence, dated 3d April 1793, in favour 
 of Thomas Muir. 
 
 10. Letter, Cgned D. Stewart, dated, No. 52. Frith-ftfeet, 
 Soho, London, February ift. 
 
 ill. (Addreffed) John Hurford Stone, Efq; or Thomas 
 Muir, Efq-, Advocate, No. 99. Palais Royal, Paris. 
 
 11. Letter, figned James Campbell, dated No. 10. St. An- 
 drew's Square, Edinburgh, 26th January 1793 : Ad- 
 dreffed to Thomas Muir, Efqj younger of Hunterihill. 
 
 12. Letter, figned D. Stewart, dated, 5 a. Frith Street, Ja- 
 nuary 30 j Addreffed, Thomas Muir, Efq; Advocate, 
 to the care of John Hurford Stone, Efq; Paris. 
 
 13. A Letter, figned W. Skirving, without date, Addreffed 
 to Thomas Muir, Efq; younger of Hunterftiill. 
 
 COPY CERTIFICATE. 
 
 Society of United Irilhmen of Dublin : I hereby certificate, 
 that Thomas Muir has been duly elecled, and having taken the 
 TEST, provided in the Conftitution, has been admitted a mem- 
 ber of this Society. 
 
 (Signed) Arcb. Hamilton Rowan, Sec. 
 No 205. 1 
 Jan. n. I793-/ 
 
 On the margin of the original, is the figure of a harp, witk 
 this motto, '' // it newjlrung, and flail be heard" 
 
 Which -whole pieces of writings, printed papers and letters, 
 were figned by the initials of the Sheriff Subftitute, Mr. Scott, 
 George Williamfon, and Jofeph Mack, of this date, and thofe 
 taken out of the pocket-book, were again replaced in the pocket-
 
 C H7 3 
 
 book, and the whole of the faid writings, &c. were alfo 
 with the initials of Mr. Muir, excepting the three fealed letters, 
 which he declined to put his initials to, in regard he did not con- 
 fider them as his property. He further required that the Sheriff 
 fubftitute mould immediately tranfmit thefe three letters to the 
 refpe&ive perfons to whom they ate addreffed, as any other pro- 
 ceeding would be a violation of the private rights and property 
 of the perfons to whom they belong. Scott, on the part of the 
 Public Profecutor, reprefented, that this laft requeft cannot, m 
 his opinion be complied with, feeing thefe letters, with the 
 other papers in the fealed parcel, were tranfmitted to this office 
 under warrant of the Court of JuiHciirv, for the pufpofe of be- 
 ing infpecled. 
 
 NUMBER IV. 
 
 RECEIPT OF CAPTAIN M'DOUGAL, 
 For IVlr. MUIR'S paffage from Havre-de-Grace to New York. 
 ' RECEIVED from Mr. Muir, the fum of nine hundred livres, for 
 his paffage in the cabin of the (hip, from Havre-de-Grace to the 
 port of New York, in finding him with all ftores. 
 
 A. M'DOUGAL, 
 
 Havre-de-Grace,") 
 May 10. 1793. J 
 
 NUMBER V. 
 PASSPORT AT PARIS. 
 
 REPUBLIQ_UE FRANCHISE, 
 
 DEPARTMENT DE PARIS. 
 
 deliiire en execution de la loi du 7 Decembre 1792, Pah 
 premier de la Republique Francaife 
 
 Vu Tavis du Confeil general de la Commune de Paris, , laiffez 
 pafTer le citoyen Thomas Muir, allant a Philadelphia, domicilie 
 a Paris, municipalise de Paris, departement de Paris, nattf
 
 C MS ] 
 
 <Tcc3e, homme de loi, age de vingt huh ans, taillc de 5 picds 
 3 pouces, cheveux et fourcils chatain, yeux bleux, nez aquilin, 
 bouche moyenne, menton rond, front haut, viiage long et plein, 
 pretez-lui aide et afliftance, au befoin. 
 
 Fait en direfloire, *e 23 Avril mil fept cent quatre vingt 
 treize ; 1' an deJxieme de la Republique Francaife ; et a ledit 
 citoyen Muir figne avec nous adminiftrateurs compofant le Di- 
 ircAoire du Departement de Paris. Approbatif 
 
 Thomas Muir. Leb!a:t;f, 
 
 Dubois. Kicoleau, prejld. 
 
 E. J. B. Mai,lard. 
 
 Vu par nous Miuiftres des Affaires Eftrangercs. A Paris, le 
 29 Avril 1' an i'me de la Republiqae. 
 
 Le Erun. 
 
 Maill, Garat, Gr. 
 
 NUMBER VI. 
 PASSPORT AT CALAIS. 
 
 REPUBLIQUE FRAXCA1SE. 
 AU KOM DE LA LOI. 
 
 f Department du Pas de Calais, Di/tricl, Municipality de Calais. 
 
 LAISSEZ pafler le Citcyen Thomas Muir, Ecoflaie, domicile a 
 
 Edinburgh, municipality de diilricl: de department de 
 
 age de 28 ar.s. tailie de 5 pieds 3 pouces, cheveux, four- 
 cils, chatain, yeux bleu*, nez aquilin, Louche moyenne, menton 
 lond, front rond, vifage et long et pleia j et pretez-lui aide et 
 afliftance en cas de befoin, allant en France, et due a 1'etrcnger. 
 
 Delivrcenla Mai r on Commune de Calais, le 15 Janvier, 1795, 
 Van prtrcier de h Republique Francaife. 
 
 Thomas Muir. 
 
 ttaufiy, Officier Municipal. 
 
 ify Secretaire et Grejfitr 
 vec nous le prefent.
 
 L M9 J 
 
 NUMBER VII. 
 
 LETTER 
 
 FROM J. MUIR, TO CAPT. GEORGE TOWERS. 
 
 G/a/gow, 2.1/1 Ju/y, 1793. 
 DEAR SIR, 
 
 t am at a very great lofs how to anfwer your letter, as it's not 
 underftood by me ; but if it's the friend that I have, if it's he, 
 I would be overjoyed to fee his hand-writing, and to know what 
 lias become of him thefe three months. I thought he had been 
 at Philadelphia ere now, where letters are forwarded for him j 
 and if you are to ftay any time at Belfaft be fo kind as write in 
 courfe j and Twill come over and fee you and him. You can 
 write the time you mean to ftay. Mr. John Richardfon, a fon. 
 of Deacon James Richardfon, I faw him this week at Greenock, 
 where he is to fail in the Almy of New-York directly, who has 
 two pacquets of letters for him; and there is many letters wrote 
 for him to the firft people in America. And once he were there 
 he'll get letters to General Waihiagton j and I hope^ dear Sir, 
 you'll (hew him every civility in your power, which I hope fome 
 day gratefully to thank you for it. " There is a trunk alfo in the 
 Almy for him, which Mr. Richardfon will deliver into his own 
 hand. Only I fincerely wi(h you a fafe, pleafant, and fuccefsful 
 voyage, and a happy meeting with your friends. And I remain, 
 
 DEAR SIR, 
 
 Your moll humble Servant, 
 
 J. MUIR. 
 
 If it's the perfon I mean, a coulin of his, William Muir, for- ' 
 merly of Leith, is lying at Philadelphia. His (hip is an A- 
 merican bottom. The lofs of this young man has been a dread- 
 *ul affliction to us. Pleafe give our friend this letter, i ho- 
 noured his draft in favours of Mr. Mafey. He'll get his letters at 
 the poft-office Philadelphia. 
 
 I hope in a year or two he can rturn, if he doth not love A- 
 menca - } and be fo good as caufc him write me one line in your 
 T
 
 letter. You can direct it ; and if he doth not cbufc tojign if, ycv 
 can put to your initials. 
 
 NUMBER VIII. 
 
 LETTER 
 FROM THOMAS MUIR, TO CAPT. GEORGE TOWERS, 
 
 'Dublin, 2"jth July, 1793. 
 DEAR SIR, 
 
 This day I received yo-ars ; and will be down upon Tuefday 
 evening. I have taken my place in the coach for to-morrow. I 
 am happy to hear my friends are well. I will write them from 
 Beliait. Of this you can give them information. I am, 
 DEAR SIR, 
 
 Your refpedlful Friend, 
 
 THOMAS MUIR. 
 Capt. George Towers, of the "I 
 American (hip, the Hope, I 
 from Baltimore. Care of i- 
 Meifrs Cunningham, and | 
 Go. merchants Belfait. 
 
 NUMBER IX. 
 
 Z E T T E R 
 
 FROM MR. MUIR TO MR. CAMPBELL, WRITER TO THE SIGNET, 
 EDINBURGH. 
 
 Parit, Jan. 23. 1793. 
 DEAR. SIR, 
 
 I vrrote you from Calais and from Paris, and impatiently exr- 
 ptt your anfwer. Write me fully about my private affairs, but 
 about r.cihing elfe. \V henever you and my friends judge it expe- 
 dient or proper, I will immediately return, but I cannot leave 
 Paris without regret. I am bov,-\.red by the notice and friend- 
 ihip of an amiable and diiUngiamed circle, and to a friend
 
 mauUy it affords much confolation, to find according feelings in a 
 foreign land. Prefent my belt wifhes to all our friends, to Mcffrs. 
 Johnfton. Skirving. Moffat, Buchanan, &C. Intreat you to find 
 means to fend over the numbers of the two Edinburgh Newfpa- 
 pers. The London papers come here but irregularly. One wiihes 
 to 'know what is going on at home j but tell my friends, it is only 
 through the channel of newfpapers I can receive that intelli- 
 gence. Write me under the following cover, Au Citoyen de 
 Coudile, hotel de Toulon, No. I. rue des Foffes du Temple. Com- 
 jsiunicate this addrefs to all my friends. Inform them no letter 
 can reach me, if not part of the pottage is paid in Edinburgh, 
 
 I am, 
 
 DBAR. SIR, 
 
 Yours, tec. 
 
 THOMAS MUIR. 
 
 JA.MES CAMPBELL, Efq; Writer to~> 
 the Signet, Edinburgh, Scotland, j 
 
 P. S. My compliments to Mr. Dick j intreat him to take 
 the charge of my things. 
 
 NUMBER X. 
 
 SECOND LETTER 
 FROM MR. MUIR TO MR. CAMPBELL. 
 DEAR SIR, 
 
 I have written you frequently, whenever you think it proper 
 I ihall return. At the fame time, honoured as I am by the ci- 
 vilities and attention of "many amiable characters, it would be 
 with relu&ance I could quite Paris for a month or two. About 
 my private buiinefs write me, but not a word on any other fub- 
 jeft. Remember me to Johnfton, Skirving, Moffat, &c. Tell 
 them no diflaace of fpace Ihall obliterate my recollection of them. 
 Write me punctually, I intreat you. Caufe them likewife write
 
 [ '5* ] 
 
 me. Omit no poft. My addrefs is under cover, slu Cheycn 
 CouJi/e, hotel dj Toulon, No. I. rue des Fqffes du Temple, 
 I am, 
 
 Yours, fo'c. 
 
 THOMAS MUIR. 
 Paris, iyth Jan.") 
 i?93- J 
 
 JAMES CAMPBELT,, Efq; Writer to") 
 the Signet, Edinburgh, Scotland./ 
 
 NUMBER XI, 
 
 LETTER 
 FROM MR. M'INTOSH TO MR. CAMPBELL, 
 
 SIR, 
 
 I 'have to acknowledge the receipt of your letter refpefring 
 the bufinefs of Mr. Muir. I did not lofe a moment in finding a 
 fafe and fpeedy conveyance to him at Paris for your letters, and 
 thofe of his other friends in Scotland, fent to my care. I delay- 
 ed from day to day in the perpetual expectation of feeing Mr. 
 Muir here on his return. It's now, however, become neceflary 
 for me to inform you, that he is not yet come ; and confidering 
 the extreme anxiety which he muft have felt to return as foon 
 as poflible, I think, it very probable that this delay ought to be 
 afcribed to the embargo laid on the veffels in the ports of France, 
 which may perhaps have rendered it impoffible for him, though 
 even at Calais, to make his paffage to England. I think this pro- 
 bability at leaft fufficiently great to be pleaded for a delay of his 
 trial, and it is to enable you and his friends to make any ufe of 
 it that you may think fit, that I have now thought it neceffary 
 to communicate this ftate of fafls to you, 
 1 am, 
 SIR, 
 
 Yours, jfc. 
 
 JAMES M'INTOSH. 
 
 St. Charlotte Street, Portland-^ 
 Place, tfb. 7, 1793. /
 
 [ 153' ] 
 
 NUMBER XII. 
 ADDRESS 
 
 FROM THE 
 
 . SOCIETY OF UNITED IRISHMEN IN DUBLIN 
 
 TO THE 
 
 DELEGATES FOR PROMO TING A REFORM 
 IN SCOTLAND. 
 
 WILLIAM DRENNAN, Chairman. 
 ARCHIBALD HAMILTON ROWAN, Sec. 
 
 * We take the liberty of addrefiing you, in the fpirit of civic 
 f union, in the fellowfhip of a juft and a common caufe. .We 
 ' greatly rejoice that the fpirit of freedom move's over the furface 
 ' of Scotland \ that light feems to break from the chaos of her 
 ' internal government ; and that a country fo .refpectable for her 
 ' attainments in fcience, in arts, and in arms 5 for men of literary 
 
 * eminence , for the intelligence and morality of her people, now 
 
 * ats from a convi&ion of the union between virtue, letters, and 
 ' liberty : and, now rifes to diftin&ion, not by a calm, content- 
 ' ed, fecret wifh for a Reform in Parliament, but by openly, 
 ' actively, and urgently wilting it, with the unity and energy of 
 ' an embodied nation. We rejoice that you do not oonfider your. 
 ' felves as merged and melted down into another country, but 
 ' that in this great national queilion, you are itill Scotland," 
 the land where Buchanan wrote, and Fletcher fpoke, and 
 Wallace fought. 
 
 Away from us and from our children thofe puerile antipathies- 
 fo unworthy of the manhood of nations, which infulate individu- 
 als as well as countries, and drive the citizen back to the favage 
 We efieem and we refpecl: you. We pay merited honour to a 
 nation in general well educated, and w^ll informed, becauf, \VQ 
 know that the ignorance of the people is the caufe and eifeCl o* 
 all civil and religious defpotifm. We honour a nation regula r 
 in their lives, and ftriifl in their manners, becaufe we conceive 
 Private morality to be the only fecure foundation of public policy.
 
 L *54 ] 
 
 We honour a nation eminent for men of genius, and we truil 
 'they will now exert themfelves not fo much ia.perufing and 
 
 snning the hiftories of other countries, as in making their own 
 a fubjeft for the hiftorian. May we venture to obferve to them, 
 that mankind have been too retrofpedtive j canonized antiquity^ 
 and undervalued themfelves. Man has repofed on ruins, and 
 refted his head on fome fragments of the temple of liberty, or at 
 moft amufed himfelf in paving the meafurement of the edifice, 
 and nicely limiting its proportions j not reflecting that this tem- 
 ple is truly Catholic, the ample earth its area, and the arch of 
 heaven its dome. 
 
 1 We will lay open to you our hearts. Our caufe is your caufc 
 
 * If there is to be a ftruggle between us, let it be which na- 
 ' tion (hall be forcmoit in the race of mind : let this be the noble 
 ' animofity kindled between us, who (hall firft attain that free 
 conftitution from which both are equi-diftant, who fhall firft 
 
 * be the faviour of the empire." 
 
 ' The fenfe of both countries with refpeft to the intolerable 
 
 * abufes of the conftitution has been clearly manifefted, and proves 
 ' that our political fituations are not diffimilar ; that our rights 
 
 * and wrongs are the fame." Out of 32 counties in Ireland, 29 
 petitioned for a Reform in Parliament : and out of 56 of the 
 Royal Burghs in Scotland, 50 petitioned for a Reform in their 
 internal ftru&ure and Government. If we be rightly informed 
 there is no fuch thing as popular election in Scotland. The peo- 
 ple who ought to poflefs that weight in the popular fcale, which 
 might bind them to the foil, and make them cling to the conftL 
 tution, are now as duft in the balance, blown abroad by the 
 lead impulfe, and fcattered through other countries, merely be- 
 caufe they hang fo loofely to their own. They have no {hare 
 in the national Firm, and are aggrieved not only by irregular and 
 illegal exaction of taxes ; by ciifrule and mifmanagement of cor- 
 porations j by mifconduft of felf- circled and irrefponfible magif- 
 tr.itcs ; by v,-afte of public property ; and by want of competent 
 judicatures ; but, in our opinion, moft of all, by an inadequate 
 Parliamentary reprefentation for, we aflert, that 45 Common. 
 ers, a".d 16 Peers, are a pitiful reprefentation for two millions 
 and a half of people j particularly as your Commoners coniider
 
 . '55 ] 
 
 themfelves, not as the reprefentatives of that people, but of tiic 
 Councils of the Burghs by whom they are elected. 
 
 Exclufive charters in favour of Boroughs, monopolize the ge- 
 neral rights of the people, and that act mull be abfurd which 
 precludes all other towns from the power of being reftored to 
 their ancient freedom. 
 
 We remember that heritable jurifdiftions and feudal privileges, 
 though exprcfsly referved by the acl of union (2Oth art.) were 
 fet afide by aft of Parliament in 1746, and we think, that there is 
 much ftronger ground at prefent, for reftoring to the mafs of the 
 people their alienated rights, and to the Constitution its fpirit and 
 its integrity. 
 
 Look now we pray you upon Ireland. Long was this unfor- 
 tunate ifland the prey of prejudiced factions and ferocious parties. 
 The rights or rather duties of conqueil were dreadfully abufed, 
 and the Catholic religion was made the perpetual pretext for fub- 
 jecling the flate by annihilating the citizen, and deftroying not 
 the religious perfuafion but the man j not popery, but the peo- 
 ple. It was not till very lately, that the part of the nation, which 
 is truly colonial, reflected that though their anceftors had been 
 victorious, they themfelves were now included in the general 
 fubjection ; fubduing only to be fubdued, and trampled upon^ 
 by Britain as a fervile dependency. When therefore the Pro- 
 teftants began to fuffer what the Catholics had fuffered and were 
 fullering j when from ferving as the instruments they were made 
 themfelves the objects of foreign domination, then they became 
 confcious they had a country ; and then they felt an Ireland. 
 They refitted Britifh dominion, renounced colonial fubfervience, 
 and following the example of a Catholic Parliament juft a cen- 
 tury before, they afferted the exclufive jurifdi6tiou and legiflative 
 competency of this iiland. A fudden light from America {hone 
 through our prifon. Our Volunteers arofe. The chains fell 
 from our hands. We followed Grattan, the angel of our deli- 
 verance, and in 1782 Ireland ceafedtobe a province, and became 
 a nation. But, with reafon, fhould we defpife and renounce this 
 Revolution, as merely a tranfient burft through a bad habit j the 
 fudden grafp of neceffity in defpair, from tyranny in diilrefs, did 
 we not believe that the Revolution is (till in train ; that it is lef* 
 the fingle and fhining act of 8i ; than a ierious of national inv
 
 E 156 ] 
 
 jlrovemcnts which that act ufhers in and announces i that it ir 
 only the herald of liberty and glory, of Catholic emancipatioD. 
 as well as proteftant independence j that, in ftiort this Revolution 
 indicates new principles, foreruns ne-.v practices, and lays a foun- 
 dation for advancing the whole people higher in the fcale of be- 
 ing, and diffufing equal and permanent happinefs. 
 
 Britifli fupreraacy changed its afpect, but its eflence remained 
 tire fame. Firil it was force, and on the event of the late Re- 
 volution, it became influence j direft hoflility (hiftsd into fyfte- 
 tnatic corruption, filently drawing off the virtue and vigour of 
 the ifland, without fhock or explofion. Corruption that glides 
 into every place, tempts every perfon, taints every principle, in- 
 fecls the political mind through all its relations and dependen- 
 cies 5 fo regardlefs of public character as to fet the higheft honours 
 ,to fale, and to purchafe boroughs with the price of fuch proftitu- 
 tion ; fo regardlefs of public morality, as to legalize the licen- 
 tioufnefs of the loweft and moil pernicious gambling, and to ex- 
 traft a calamitous revenue from the infatuation and intoxication 
 of the people. 
 
 The Proteftants of Ireland were now fenfible that nothing 
 could counteract this plan of debilitating policy, but a radical 
 reform in the houfe of the people, and that without fuch reform, 
 the Revolution itfelf was nominal and delufive. The wheel 
 merely turned round, but it did not move forward, and they were 
 as diflant as ever from the goal. They refolved. They conven- 
 ed. They met with arms. They met without them. They pe- 
 titioned. But all in vain for, they were but a portion of the 
 people. They then looked around and beheld their catholic coun- 
 trymen. Three million we repeat it three million taxed with- 
 out being reprefented, bound by laws to which they had not given 
 confent, and politically dead in their native land. The apathy 
 of the catholic mind changed into fympathy, and that begot an 
 energy of fentimsnt and aHon. They had eyes, and they read. 
 They had ears, and they liftened. They had hearts, and they 
 felt. They faid " Give us our rights as you value your own, 
 Give us a (hare of civil and political liberty, the eleclive fran- 
 chiie, and the trial by jury. Treat us as men, *nd we mall 
 tre.t you as brothers. Is taxation without reprefentation a 
 grievance to three millions aero is the Atlantic, and no grie- 
 vance to three millions at your doors? Throw down that pale
 
 C '57 ] 
 
 f perfecutian, which ftill keeps up civil war in IreUuti, and make 
 us one people. We (hall then ftand, fupporting and fupported, 
 in the aflertion of that liberty which is due to all, and which all 
 fiiould unite to attain." 
 
 It was juA and immediately a principle of adhefion took place 
 for the firft time, among the inhabitants of Ireland. All religi- 
 ous perfuafions found in a political union their common duty and 
 their common falvation. In this fociety and its affiliated fccieties, 
 the Catholic and the Prefbyterian are at this inftant holding out 
 their hands and opening their hearts to each other, agreeing in 
 principles, concurring in practice. We unite for immediate, am- 
 ple, and fubftantial juftice to the Catholics, and when that is at- 
 tained, a combined exertion for a R.eform in Parliament is the 
 condition of our compact, and the feal of our communion. 
 
 Britilh fupremacy takes alarm. The haughty monopolies of 
 national power and common right, who crouch abroad to domi- 
 neer at home, now look with more furprife and lefs contempt on. 
 this " befotted" people. A new artifice is adopted, and that 
 reftlefs domination which, at firft, ruled as open war, by the 
 length of the fword j then, as covert corruption, by the rtrength 
 of the poifonj now affumes the ftile and title of Proteftant Af- 
 cendancy j calls down the name of religion from heaven to fow 
 difcord on earth j to rule by anarchy, to keep up diftruft and 
 antipathy among parties, among perfuafions, among families, nay 
 to make the paflions of the individuals ftruggle, like Cain and 
 Abel, in the very home of the heart, and to convert every little 
 paltry neceffity that accident, indolence, or extravagance bring 
 upon a man, into a pander for the purchafe of his honefty and 
 the murder of his reputation. 
 
 ' We will not be the dupes of fuch ignoble artifices. We fee 
 1 this fcheme of ftrengthening political perfecution and ftate in- 
 ' quifition, by a frefh infufion of religious fanaticifm ; but we 
 * will unite and we will be Free. Univerfa/ Emancipation ivitk 
 1 Reprefentathe Legijlature is the polar principle which guides 
 ' our Society and (hall guide it through all the tumult of factions 
 4 -and fluctuations of parties. It is not upon a coalition of oppo- 
 fition with miniftry that we depend, but upon a coalition o 
 4 Irimmen with Irifhmen, and in that coalition alone we find an 
 i object worthy of reform, and at the fame time the ftrength and 
 
 u
 
 t ^58 3 
 
 ' finc<v both to attain and fecure it. It is not upon external cir- 
 
 * cumilances, upon the pledge of man or miniver, we depend, 
 
 * but upon the internal energy of the Irifh nation. \Ve v.-ill not 
 ' buy or borrow liberty from Ameiica or from France, but ma- 
 
 * nufacture it ourfelves, and work it up with thofe material* 
 ' that the hearts of Irilhmen furnifh them with at home. We 
 
 * do not worlhip the Britila, far Icfs the Iiilli Ccrr.ltirution, a* 
 
 * fent down from heaven, but we confider it as human workman- 
 ' fhip, which man has made and man can mend. An unalterable 
 
 * Constitution, whatever be its nature, mud be defpotifm. It ii 
 ' not the Confutation but the People which ought to be inviola- 
 
 * ble, and it is time to recognize and renovate the rights of the 
 
 * Englifh, the Scotch, and the Irifh natioos." Rights which 
 can neither be bought nor fold, granted by charter, or fore- 
 flailed by monopoly, but which nature dictates as the birthright 
 of all, and which it is the bufinefs of a conflitution to define, to 
 enforce, and to eftablifh. If Government has a fincere regard 
 for the fafety of the conflitution, let them coincide with the peo- 
 ple in the fpeedy reform of its abufes, and not by an obftinate 
 adherence to them, drive that people into Republicanifra. 
 
 We have told you what our fituation was, what it is, what it 
 ought to be : our end, a National Legifiature j our means, an 
 union of the whole people. Let this union extend throughout 
 the Empire. Let all unite for all, or each man fuffer for all. 
 In each country let the people affemble in peaceful and conflitu- 
 tional Convention. Let delegates from each country digeft a 
 plan of reform, beft adapted to the fituation and circumftances or 
 their refpeclive nations, and let the Legiflatures be petitioned at 
 once by the urgent and unanimous voice of England, Scotland, 
 and Ireland. 
 
 * You have our ideas. Anfwer us, and that quickly. This 
 
 * is not a time to procrafliaate. Your illuflrious Fletcher has^ 
 
 * faid, that the liberties of a people are not to be fecured, with- 
 '"* out pa iTmg through great difficulties, and no toil or labour ought 
 
 * to be declined to preferve a nation from flavery. He fpoke 
 ' well : and we add, that it is incumbent on every nation who 
 
 * adventures into a conflift for freedom, to remember it is on the 
 ' event (however abfurdly) depends the eftimation of public o- 
 ' pinion } honour and immortality, if fortunate j if otherwife
 
 [ '59 J 
 
 ?' infamy and oblivion. Let this check the rafhnefs that ruflics 
 * unadvifedly into the committal of national character, tfr if that 
 1 be already made, let the fame confideration impel us all to ad- 
 ' vance with active not paffive perfeverance, with manly confi- 
 4 dence and calm determination, foiling with equal fcorn at the 
 ' blufter of official arrogance, and the whifper of private malevo- 
 ' lence, until we have planted the flag of Freedom on the fum- 
 c mil, and are at once victorious and fecure." 
 
 NUMBER XIII. 
 LETTER 
 
 TO THE FRIENDS OF THE PEOPLE. 
 
 [^The following Letter was publi/hed in the Edinburgh Gazet- 
 teer of March i. 1793-] 
 
 PARIS, February 13. 1793. 
 
 Upon the evening of the 8th of this month, I received letters 
 from my father, and from my agent, Mr. Campbell, informing me 
 that an indictment was preferred againft me, that my trial was 
 fixed for Monday the i ith inftant j the diftance, and the fbort- 
 nefs of the time, could not permit me to reach Edinburgh by that . 
 day. War is declared between England and France, and the for- 
 malities requifite to be gone through before I could procure my 
 paffport, would at leaft have confumed three days, I will return 
 to Scotland without delay. To fhrink from danger would be un- 
 becoming my own character, and your confidence j I dare chal- 
 lenge the moft minute investigation of my public and private 
 conduft. Armed with innocency, I appeal to juftice ; and I dif- 
 dain to fupplicate favours. I have haftened to give you an ac- 
 count of my intention j and I ain happy that a private gentle- 
 man, who leaves Paris to-morrow, affords me an opportunity for 
 the communication,
 
 t * 6 * 3 
 
 NUMBER XIV. 
 LETTER 
 
 FROM W. SKIRVING TO D. STEWART, ESQ_; No. 52, 
 STREET, SOHO, LONDON, SECRETARY TO THE SOCIETY OK 
 THE FRIENDS OF THE PEOPLE. 
 
 Edinburgh, Sept. 2. 1793. 
 SIR, 
 
 I ought to have wrote you on Saturday, to give your Society 
 the means of contradicting the afperfion, which you will fee, by 
 the accounts of Mr. Muir's trial, has been thrown upon them, 
 I have not been able to command a fettled thought fince the a~ 
 larming iflue of that aftoniihing trial. I never had a higher opi- 
 nion of any perfpn's integrity, uprightnefs, and philanthropy j 
 nor is it diminifhed, but increafed. The feelings- whicn I 
 muft therefore have had, fince that event, will plead my exeufe 
 with men 6f feeling. 
 
 In the evidence which I was called on to give, I ftated the 
 reafon for his going to London, and that I had received a letter 
 from Mr. Muir, when at London, explaining the caufe of his 
 proceeding to Paris ; which letter I was very forry that I could 
 not produce, though I had prefefved it carefully. Being defir- 
 ed to ftate, if I could recollecl: the reafon which Mr. Muir af- 
 figned in that letter for his journey to Paris, I faid, that it was 
 the opinion of friends, that if Mr. Muir would go to Paris, he 
 might have great influence with many to mitigate the fentence 
 of the French King. Thefe friends were taken for your Socie- 
 ty j and much freedom was ufed, to reprobate both the Society 
 of the Friends of the People in London, for prefumrag to fend 
 a miffionary into another country, and Mr. Muir, for accepting 
 fuch commifflon. But I declare, upon my honour, that the 
 thought of his being fent by the Society of the Friends of the 
 People in London, never came into my mind : And if I expref- 
 fed myfelf fo, which it is impoffible I could do, I expreffed a 
 falfehood 5 and which I am bound, in juftice to the Society, in 
 fhis manner to contradict. 
 
 Mr. Muir is behaving with aftoniming manlinefs. 
 I arn, Sir, your obedient humble fervant, 
 
 W. SKIRVING.
 
 A 000003851 3