vate company; and that he did not hear the panel speak unconstitutionally, but heard him recommend peaceable and orderly measures. The Lord Advocate said, it was unnecessary for Mr. Muir to bring so many witnesses to prove the same thing. Mr. Muir replied, that he intended to bring witnesses from every part of the country where he had attended societies for reform, that he might clearly prove his innocency; that he had only a few more witnesses to adduce, and then he would close his evidence. William Orr Deponed, That Mr. Muir and colonel Dalrymple, came to Paisley: that in the company of the witness they visited, and addressed the different societies of the Friends of the People there: that Mr. Muir, in his speeches, inculcated a firm attachment to the king and constitution: that he recommended peace and regularity, and reprobated riot and sedition: that he exhorted the people to be steadfast to the constitution, and to endeavour to obtain their object, by every legal and constitutional means. The witness never saw Mr. Muir but that night: that after having gone through the different societies, Mr. Muir, colonel Dalrymple, and the witness went to Sinclair's inn, in Paisley: that in the course of private conversation, he heard Mr. Muir say nothing against the king and constitution, but that he heard him say, that the king was the best of princes. Deponed, That he is a member of the same society of the Friends of the People in London, of which Mr. Grey, M. P. is a member; that he is not a member of any society of the Friends of the People in Scotland, but that he was present at a meeting of the Friends of the People in Glasgow, when he heard Mr. Muir exhort the people to keep by the constitution, and that if any of them were against it, they should be expelled; that in a masterly manner he exposed the absurd idea of liberty and equality if it implied division of property, and that he said such a system was totally impracticable; and he used every argument to excite the people to keep to the old con stitution. Mr. Muir now declared, That he had finished the proof in exculpation: that it was in his power to adduce many more witnesses, but that he deemed it totally unnecessary. The Lord Advocate.-Gentlemen of the Jury; It is my duty now to require your most attentive, serious, and deliberate con The sideration of what you have heard. moment is come, when the truth or falsehood of what is laid to the charge of the panel at the bar, is to be ascertained. He is a man who, as I shall afterwards show you, has been, under the specious pretext of of a reform, sowing the seeds of discontent and sedition:-He appears here, before you, after being a fugitive from his country; and it is now that by your verdict,-a verdict which is uncontrollable, and from which there is no appeal,-his guilt must be established, or the imputation thrown out against him completely long anxiously looked for, and I declare, that wiped away. This is a moment which I have in the range of my official capacity, among the numerous list of offenders whom I have brought to this bar, if there has been any one whose actions particularly pointed him out for prosecution, whose conduct appeared the most criminal, who has betrayed the greatest appearance of guilt, this is the man:-he in every thing betrays a most decided spirit against the constitution, and all under the veil of parliamentary reform. seditious writings and conduct which have We all know the pernicious effects of the lately appeared in this country; and all of those persons who have had the courage to come and stand a trial at this bar, have met with the same fate;-they have all been found guilty. And I trust, that as the evidence has clearly unfolded the diabolical and mischievous conduct of this person, he will receive a similar verdict. Who could have conceived, that a man who has received a liberal education, who has practised as an advocate at this bar,* should be found on every occaand ignorant, for the purpose of sowing among sion, among villagers and manufacturers, poor them sedition and discontent? The charges exhibited against the panel divide themselves into three distinct heads, which however all center in the general charge Mr. Muir had, at the time of his trial, been expelled from their society, by the Faculty of Advocates, as will appear by the following extracts from their records, to which, by the kindness of the present dean, M. Ross, esq. I have had access: "Edinburgh, 2nd March, 1793. "The Dean present;-The dean [the hon. Henry Erskine] represented to the Faculty, that one of their number had a sentence of fugitation and outlawry pronounced against him, by the court of justiciary, for not obeying a citation from that court; he wished to know, how far it was proper to continue a person of that description upon the roll of the faculty of advocates: after some short conversation upon the subject, it was moved and agreed to, that a meeting of the faculty should be held on Wednesday next, for taking this matter under consideration, and therefore the clerk was ordered to issue circular letters requesting of exciting sedition and discontent by various | you, have been established by the evidencesteps of conduct. First, He has circulated Paine's Rights of Man, a book which one of his witnesses says he declared to be dangerous to weak minds; yet has he wilfully circulated this book, with an obstinacy and pertinacity which plainly indicated that his wish and intention was, to overturn our happy constitution. Secondly, He has been always found making seditious speeches and harangues among knots of ignorant labourers and poor manufacturers, who, I am entitled to say, had it not been for him, would have remained peaceable and contented, and never thought of that incendiary Paine, nor of forming meetings, till he came, like the dæmon of sedition, recommending that club government, which in another country has produced so much anarchy and confusion, and which no well established government could allow. Thirdly, He has been in a meeting, calling themselves delegates for obtaining a parliamentary reform.-Gentlemen, we all remember the transactions of last winter; it was then that sedition raised its hydra head, which the spirit of this country crushed, and since that day has held in detestation: it was then that good men felt and trembled; and though some late circumstances may have given cause to suspect that discord is still endeavoured to be excited, I have not a doubt that you will, by your verdict this day, show that you still entertain the same abhorrence of these practices. There, in that convention,-I shall call it by no other name, he almost alone was found the supporter and defender of a paper highly seditious, if not treasonable, which came from a society in our sister kingdom, styling themselves United Irishmen, and which even in that convention was considered as dangerous; yet this person was the ringleader to produce, to read, and approve it, and who insisted that it should be received and answered. These three charges, then, gentlemen, which unite themselves in one,-that of exciting discontent, nay almost rebellion against the government, that most dangerous kind of sedition, which, according to judge Blackstone, is next to high treason,-have been brought with deliberation; and it is now my duty to show the attendance of the members on that day, at the rising of the court." "6th March, 1793. "The Dean present;-The Faculty having met this day, according to their appointment, Saturday last, they took into consideration a sentence of fugitation of the high court of justiciary pronounced against Mr. Thomas Muir, advocate, for not appearing to stand trial on an indictment raised against him by the lord advocate of Scotland, for seditious practices; they unanimously order the name of the said Mr. Thomas Muir, to be expunged from the list of the Faculty: which was accordingly done in their presence. In one thing I agree with the person at the bar,-THAT THIS TRIAL IS OF CONSEQUENCE TO POSTERITY;-I grant that it is; but whether as it strikes him, you are this day to judge. It has been my wish to obtain, in this case, the verdict of such a respectable jury as I now see. Gentlemen, you are to determine, whether sedition be a crime of such a detestable nature as I represent it; to crush it, I bring forward the arm of justice, which by the verdict you are to give, it is in your power to invigorate or to palsy in a moment. You will consider the conduct of the panel, and then say whether it is such as in your minds, ought to be passed over. Gentlemen, as the charges are threefold, the witnesses must also be of three kinds. I shall speak of each in their order; and I must say, that if ever a strong body of evidence appeared in a difficult case, if ever there was a respectable set of witnesses whose testimony stands on the basis of truth, they are to be seen here; and in place of being contradicted by his evidence, they are completely corroborated by them. Now, gentlemen, as to the first charge, that of making seditious speeches and harangues, and encouraging improper meetings, we find him in different parts of the country, exciting among the people a spirit of disaffection to the lawful government. There has he been, recommending books to enlighten their minds! a measure in which, however, he has been very unsuccessful, if we may take Weddel, the learned vice-president of the Kirkintilloch Society, as an example of its effects. The evidence I chiefly rest upon here, is Johnstone and Freeland, particularly Johnstone, and no evidence can be more distinct, connected, and clear. He and Freeland agree that the panel spoke of the success of the French arms.With what motive could he discourse on such a subject to weak, uninformed, illiterate people, but to fulfil his seditious intentions? He talked of the weight of taxes. Gentlemen, we may see these burthens lightened; but if this gentleman's mode of doing it were to go on, what sort of relief we should have by the diminution of our taxes, and the payment of our debt, are topics on which you will judge as you ought to do. He said, that their taxes would be less if they were more equally represented; and that from the flourishing state of France, they could not bring their goods to market so cheap as Frenchmen. What could possibly be more calculated to produce discontent and sedition? Had such societies previously existed, the case would have been different; but he appears as the ringleader; he was there on the Tuesday preceding, conversing about it; he came 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 instrument? The second charge is the circulating sediti ous books, containing the passages libelled inerted in the service of his country. Now, gentlethe indictment, which you may read. Free- men, I have only to desire you to read the pasland is again an evidence here; and I must sages quoted from that book in the indictment, observe that it appears to be doubtful, whe- and if you are loyal to your king, if you love ther he told all he knew; from his face, he your country and are desirous to preserve it, plainly prevaricated; and when closely ques- you will return a verdict against this man, who tioned, the sweat broke upon it. He told you has dared to recommend that wretched outthe story of getting Paine's book out of Muir's cast and his writings-works which I never pocket. I may here observe that such a mode read till my official duty compelled me to it, of circulating a book, is that which a man in and of which I need not give you my opinion, his situation will naturally adopt; he will not since the determinations of courts of law, and go on openly, but privately, and under various the unanimous opinion of the country, have pretexts; by his fruits must you know him; marked the detestation in which they are held. you must compare his actions with his profes- [His lordship here read some of the passages sions and then judge. inserted in the indictment.] We have evidence of his recommending, and buying the Paisley Declaration and other books, which go to prove he is tainted from head to foot, and is as unworthy to live under the protection of the law as the meanest felon. The next witness I shall speak of is Anne Fisher; and though the panel, by an expression which he made use of has endeavoured to prejudice you against her, I dare say, gentlemen, you will agree with me, that her evidence is correct, well-founded, stands on the basis of truth, and is corroborated by the evidence of others. But what was the conduct of the panel? The only thing indeed which he could do,—an endeavour to shake her testimony by an illiberal and unfounded insinuation, that we procured our information only from domestics. What avails then, gentlemen, all this evidence of attachment to the king and constitution, when he unequivocally approves sentiments such as these? We are told, indeed, by one of his witnesses, that he advised him not to sell Paine; but unfortunately the answer given to the question put to him upon his cross-examination, proves that they were not his real sentiments, but for fear of danger, as the book began to be taken notice of. It appears from the evidence of the girl, Fisher, that even the poor organist could not pass the house of this demon of mischief, but he must be stopped and desired to play çà ira -a tune which is made use of in that unhappy country, France, as a signal for blood and carnage. He used to say too, that if every man had a vote, he would be member for Calder, and members would have thirty To what then amounts her testimony, which or forty shillings a day. All these circumstands beyond the possibility of a doubt?stances go to prove incontestibly, that France That she was sent repeatedly from her mas- and French principles were continualy in his ter's house, the panel's father, who I un- view, and that he aimed at the destruction derstand is a respectable man;-far be it from of the present government; with respect to me to attach any criminality to him; the which, however, I hope his prophecies will panel has the miserable reflection that the dis- be as false, as they have already been in retresses which have embittered the lives of his gard to the success of the French. It may parents have been brought on by himself; be said, that the evidence of this girl Fisher that she was repeatedly sent to purchase Paine's is, in a trifling instance, contradicted by the book and other works for country people who elder, Barclay; but you should recollect the came into the shop, who, by this man's per- salvo which that old gentleman chose to suasion, must out with their miserable six-introduce when he took the oath:-That did pence, to purchase Paine's Rights of Man; and not look well. that he used constantly to be reading seditious publications in the back shop;-it was there, in that cathedral of sedition, he sat like a spider, weaving his filthy web to ensnare the un wary. The witness specifies the people for whom she procured Paine's book. One of the persons she condescends upon is the uncle of the unfortunate wretch at the bar, John Muir the hatter; but I declined bringing the uncle in as an evidence against his nephew. The other persons whom she mentions, are Wilson the barber, and Barclay, the Elder. Wilson corroborates the evidence of Anne Fisher, when he depones that he was advised to keep a copy of Paine in his shop, to enlighten his customers minds; for that it confuted Burke entirely-Mr. Burke, a man whose wonderful talents and genius have lately been so much ex I now come to the third charge, which relates to Mr. Muir's conduct in the convention. It is here incontestibly proved, that he read, approved, and defended the Irish address. Will you approve this paper? Will you disregard this convincing proof of his guilt? Be his studies ever so great, be his views ever so extensive, will you permit him arrogantly to set up his seditious opinions, in opposition to the government and constitution? His conduct in some instances would almost appear to be marked with insanity were we not finding him the determined ringleader in an uniform scheme of sedition. When Mr. Barclay made oath, he added to the clause, " to tell the truth so far as you know," these words "and can recollect." Orig. Edit. This, gentlemen, finishes my remarks upon the evidence upon the evidence which I think is invincible; but there are two topics on which I must beg to make some observa tions. Mr. Muir told us that he was carried out of this country by business of importance, that he was detained in France, and that he always wished to have a trial. I could have no objections to his proving this; it would have argued some degree of honour. But his professions are false and confuted. He left this country under an impression of guilt, and lately returned, the pest of Scotland, with the same intentions as before. I was never more surprised at any thing than at the evidence of Skirving, when he said that the panel was sent to France by the persons styling themselves the Friends of the People to save the life of the king! Never was I more astonished than at the impudence of this. Did the witness know, or recollect, that he was then almost accusing him of high treason, by making him a missionary from a society in this country to France?-a circumstance which greatly confirms his guilt. But why was he interested in this event? It was an event, as his witnesses tells you, that would hurt the common cause-what cause? CHANGE THEIR INTENTION OF EFFECTING A IN THE GOVERNMENT OF THIS COUNTRY. He says that he always wished to have a trial; let us see how this corresponds with facts. When the trial was coming on I postponed it longer than I ought to have done, to give him every chance; and I inserted it in the papers, which might perhaps reach him roaming in some part of the world. The ship master's receipt bears date the 16th May. What became of him from that date till the 31st of July when he was apprehended? He informed nobody of his intention of returning. How unlucky, how wonderful that not one solitary letter was wafted over by the winds and waves to the Edinburgh Gazetteer, or the Caledonian Chronicle, to give notice of what he says was his earnest wish!-The reverse in fact appears to have been the case. 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 society of United Irishmen. He is at last apprehended, returning into this country with all the insignia of sedition about him. You may in some degree judge of a man by the company he keeps.-Among Mr. Muir's papers, we find a letter,-here in my hand,-addressed to the rev. T. Fyshe Palmer,* a man who is indicted to stand trial at Perth, in the course of a few days, and whom most of you must know. The impression of the seal too is worth remarking, it is the cap of liberty on a spear, and under it is the motto çà ira. I have but one remark more. See his trial for sedition, in this volume, infrà. I beg your attention gentlemen to the quotation I shall now read from a French author in treating of the British constitution. [The passage his lordship read, was from De Lolme on the Constitution of England, from the middle of p. 534 to the end.j I hope, gentlemen, this case will be viewed by you in such a light as that you will protect your king from the attacks of his enemies, that you will protect this temple of freedom from the attempts of the factious, but particularly against that man at the bar, who has been sowing sedition with so liberal however, seize him a hand. You may now, in his career, and by your verdict do justice to your country and honour to yourselves. Mr. Muir.-Gentlemen of the Jury; I rise, in my own defence.All that malice could I speak with devise, all that slander could circulate, has been directed against me. joy and with triumph. After an investigation into my public transactions, and into my private conduct, the most minute and the most unexampled which ever occurred in this country, my moral character stands secure and unimpeached. With the anonymous, the worthless, and the paid assassins of public reputation, I disdained to enter the lists. To this day I looked forward with expectation; when before you, in the presence of Scotland, I should not merely remove the suspicion of guilt, but should demonstrate my innocence. I will not imitate the example of the public prosecutor, who has finished his pleading. Sounding and unsubstantial declamation is unsuitable for you, and it is unworthy of me. This is not an hour to temporize. The eyes of this country are fixed upon us both. The records of this trial will pass down to posterity. When our ashes shall be scattered by the winds of heaven, the impartial voice_of future times will rejudge your verdict. Let faction rage :-let the spirit of party, in the present hour, proudly domineer :-the illusion will soon vanish away. In solitude the power of recollection will assume its influence; and whether or then it will be material to you, not you have acted uprightly, or sinned against your own eternal conscience, in my acquittal, or in my condemnation! Before I enter into a particular vindication of myself, let me take notice of two circumstances, strongly insisted upon by the public prosecutor, which have little relation to the general nature of the evidence which has been adduced.-Long, indeed, has he harangued upon them; and has concluded his He speech by exhibiting them in every shape which his imagination could invent. maintains, that a consciousness of guilt obliged me to leave this country after an infor * De Lolme was a Genevese. mation had been filed against me, and after | cause of man. If, at the period when it was I had been examined by a magistrate. I will free to every person to publish their sentiadmit the fact of my departure.-In these ments upon that awful question, I wished days in these circumstances-is that to likewise to publish mine, can that be imputed be ascribed to conscious guilt alone? If the to me as a crime? Can the intention of whole strength of arbitrary power is extended pleading the cause of mercy, of individual against an individual, is there merit in ex- and of general humanity, be construed into posing himself as a sacrifice which cannot be guilt? If it can, I am then guilty. Has useful to the country, and which may only not the prosecutor lamented that disastrous present posterity with a new addition to the event? And will he accuse a man who wished immense catalogue of the victims of despo- to prevent it?-who, with many friends tism? If two motives had only existed to to humanity, of every nation, and of every which you could assign my departure, you party, in private, in public, in conversation, are bound to ascribe it to the most charitable. and from the press, exerted their abilities to -But what were the circumstances attend- ward off an event which they foresaw was to ing my departure? Did they bear any re-introduce years of blood and sorrow? But semblance of a flight? Did I not publicly announce it the preceding evening in a numerous meeting of citizens? Did I not cause it to be published in a public paper? Did I affect the garb and disguise of concealment? In London, did I remain in obscurity? Did I not appear in a distinguished society, the society of the Friends of the People? And did not that society publish afterwards a resolution, announcing in its preamble my presence among them? But I went immediately afterwards to France. Mr. Skirving, who was examined with regard to a letter he received from me before my departure from London, has said, in his evidence (and his words I have accurately in my notes) that I proposed to go to Paris, as it was the advice" of Some Friends," and might be of some service in mitigating the fate of the late king. allow, that at first glance, my departure from Scotland, my journey to Paris, afforded a presumption of guilt, that presumption is obviated by my return. The prosecutor has boasted of his humanity, in granting me the delay of a few weeks, by postponing my trial, in order that I might return from Paris.-But was he ignorant that hostilities at that time were commencingthat the communication was closed-that it was tedious and difficult to procure passports? Of that difficulty no person here can possibly have any doubt. Do not all my private letters, which have this day been read, prove my uneasiness upon account of the delay, and my anxiety to return? But, at the period when I procured my passport, the flames of war were blazing over most of Europe-I knew only two ways by which I could possibly return home. The The words of Mr. Skirving, "Some Friends," first, by the way of Hamburgh; the second have been curiously represented. It is stated, by the longer, but the more certain circuit of that these "some friends," must have been America.--I adopted the latter, as more safe, the members of that truly respectable society; and less liable to interruption.—I left Paris. and it is boldly argued, that I went to France-I went down to the port of Havre-deas a missionary from that body.-Nothing can be more ridiculous-Nothing can be more injurious. Mr. Skirving never said so!--No person can, or dare say, that I ever went as a missionary, delegated from individuals, or by societies, to any foreign power. Building then upon this unsubstantial basis of words, never uttered in evidence by Mr. Skirving, nor which ever could possibly be uttered, I am accused of a species of high treason, in corresponding with a foreign power without any legal authority from home. The charge of corresponding with foreign power is equally ridiculous with the misrepresentation upon which it is founded; but let it be considered as serious, I dare the proof. I challenge the prosecutor to adduce the smallest vestige of evidence. Yes; I will admit, I wrote to Mr. Skirving my intention of going to France; nor will I deny the motive. I saw, in the execution of the late king, a specious pretext to plunge the country in war, and to extend the effusion of human blood to every corner of the world! I may have erred. I may have acted from enthusiasm; but it was enthusiasm in the Grace. I found a vessel which was to sail for New York. The receipt found in my pocket-book, when I was stopped upon my landing in Scotland, from the master of that vessel for the payment of my passage, proves, that I had actually taken my passage in that ship. That vessel, in taking her freight, and by an embargo, was detained for near three months. In this interval, another American ship, the Hope, of Baltimore, arrived. The captain was to touch in at Belfast, in Ireland, for part of his cargo, on his return to America. This I considered to be a fortunate accident.-I immediately embraced this opportunity of returning by the way of Ireland to my country, not to implore favour, not to ask protection, but to DEMAND JUSTICE. To pass from France, to any of the dominions of Britain, I had no passport-my passport was to America. I braved every danger. After a short passage 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 most public resort. To all I announced my situation and intention. |