This I shall prove, by authentic documents, to be laid on your table, and evidence of witnesses brought from London, that 200,000 copies of those inflammatory resolutions were voted by this numerous and dangerous meeting, and circular letters, it will be proved, signed by Hardy, the secretary of that society, were intended to be sent to all parts of Great Britain, for the purpose of assembling, that convention. I will prove, that several of these letters were sent to different places in Scotland, and that answers were sent instantly, acceding to the proposal of choosing a delegate for this convention, who was to be ready to set out, as soon as notice was given to him from London, of the time and place of meeting; both of which were kept secret with the ringleaders, till the moment arrived when it should be judged proper to communicate it. Gentlemen, I shall prove to you, that the prisoner at the bar was a member of the Committee of Union, and of Ways and Means, which was acting in this city at that time. That he was present at a meeting of that committee, where one of those letters from Hardy was laid before them. I shall prove to you what passed at that meeting; I shall prove to you, that an answer was agreed to be given. I shall prove to you that that answer was sent by a person of the name of Stock, who is not to be found, but who is a member of that committee; and that a correspondence was to take place, and continue between Mr. Hardy and the person that was most active in this committee, of which the prisoner was one of the members; likewise, that about this time, in the month of April, the Committee of Ways and Means began to take more decisive measures, in prosecution of that traitorous attempt, which had all along clearly been their object; for, having established themselves in the manner I have just now stated, about this period, they went the length of endeavouring, in the first place, to debauch the soldiery in this country, to excite them to mutiny, disobedience, and rebellion; of endeavouring, as it was necessary for them to do. to bring them over to their side, or at least to excite them to sedition, which in their apprehension would tend to that end; and I shall prove, while a regiment of Fencibles were quartered at Dalkeith, and were marching to England, whither they had voluntarily agreed to go, they were attempted to be seduced to refuse to go, and rebel against their officers, by a paper addressed to the Fencibles, which was composed in that Committee of Ways and Means, and which was printed by a man, a ringleader in that com mittee, and circulated by this prisoner at the bar, giving it himself to a person who instantly went out and conveyed it to certain soldiers in that regiment, although, to the honour of that regiment, the attempt failed of its effect. I shall prove likewise, and it is material for you to attend to it, that this man received considerable sums of money, as treaVOL. XXIV. surer of that Committee of Ways and Means, and for the purpose which I formerly stated to you, and as he had received that money, he actually applied it to the real and true, not to the pretended purposes for which it was collected; and I will prove to you, what must have been the great cause for which this money was so solicited, paid, and so received by Mr. Downie, and that applied to no other purpose, can leave no man's mind to doubt it was as direct a conspiracy and rebellion against the king and the government of this country, as any which occurred in 1715 or 1745: for I will prove at one of these meetings of the Committee of Ways and Means, a person, being one of the five who composed it, Mr. Downie being one of them, did propose and read from a paper, a scheme, which was actually a plan to raise an insurrection, in the dead of the night, in the middle of this city, which had for its object the arresting the persons of your first magistrate, the judges of the high court of justiciary, and the principal officers of justice; the seizure of the Castle of Edinburgh, the banks, and public offices; a scheme, in short, of a regular conspiracy against the government of the country. Five were present;-the proposer of the plan was one;-of the other four, two, struck with horror at the proposition, signified their disapprobation; the remaining two, being the prisoner at the bar, and Mr. Stock, who were present in that meeting, not accidentally, or upon an indifferent occasion, but clearly, with a deliberate and treasonable purpose, not only did not dissent, as the other two had done, but proved, by their conduct, their complete approbation of it. I shall prove to you, that the prisoner afterwards met, in that same committee, with those same persons, and after the breaking up of the committee, at one of these meetings, concurred in sending a person to the west of Scotland, to sound the dispositions of the different towns, to which he was sent, as an ambassador, and to communicate to them the plans and scheme, formed by this Committee of Ways and Means; and that man was furnished with money for that purpose, by Mr. Downie, the prisoner: that he returned a faithful account of his mission: and that, when he reported to the committee the result of his inquiries, the prisoner Downie was present. I shall prove that report to be the hand-writing of that person, upon reading which, you can form but one opinion, that no person who, acting in that committee, heard that paper read, can be doubted, the moment he heard it read, as agreeing to the scheme which had formerly been proposed, as much as if he had proposed it. I shall prove to you, that arms, of a very dangerous and particular structure, were ordered by the person who made the proposition which I have just now stated: that he, and the pri soner at the bar, employed two smiths, whom they instructed to make them, in a private C and concealed way: that one of them, bringing to the other person some of the pikes, spears, and battle-axes he had made, was, upon applying for payment, sent to Mr. Downie, and received the payment accordingly. I shall prove that this city, divided before into clubs and societies, was again subdivided by this committee, into smaller divisions, of 10, 15, or 20 persons each, under the command of the collectors, whom the committee named, by whose orders they acted, and who were in this way to draw out the people, after they had been properly armed, in a moment, so as to act with unanimity, force, and vigour, in pursuance of the scheme, as soon as it was ripe to be carried into execution. If I succeed in proving all this, you may judge otherwise; but it appears to me, even if you were to differ from me with respect to the first part of the case submitted to your consideration, regarding his accession to the plan of calling a new convention, that was to subvert the government, and endanger the person of our sovereign ;yet, if I prove the preparing the arms, and all the circumstances I have just now detailed, you cannot have a doubt, upon the authority of Mr. Justice Foster, in being of opinion, that this man has consulted to levy war and rebellion against the king and government of the country, for the purpose of making his majesty alter his measures of government, and the constitution of the kingdom. were found in the possession of Mr. Skirving. Look at them, and tell me whether any of them are Skirving's hand-writing [Showing him one.] Is that Mr. Skirving's hand-writing? This letter has the subscription of Mr. Skirving. It is his hand-writing? The subscription is his hand-writing; I have seen him write. What are these other papers?-This is a scroll copy of the minutes of the British Convention, found on the 5th of December, in consequence of a search, by virtue of a warrant from the Sheriff. This was also found at the same time. They were all found in Skirving's possession. All those papers?-All those papers. The Prisoner said, he hoped the Court would consider he had been promised, nothing that passed upon examination as a witness, should be given in evidence against him. Mr. Cullen. In consequence of what you have just now heard from the prisoner at the bar, I conceive it to be my duty to call the attention of the Court to the circumstances he has suggested. I am not perfectly sure if I fully understand the indictment, for it is in a form I am little acquainted with. In so far as I am able to come at its meaning, amidst the multiplicity of words in which it is involved, it seems to me to criminate the prisoner for having been a member of the British Convention which met at Edinburgh, in December last; and in being busy to procure another Convention which never did meet, but Dow-which, it is said, would have been actuated by principles of a similar kind. I forgot to state one material circumstance, which I shall also bring home to Mr. nie, beyond the possibility of dispute, that after the above-mentioned plan was carried into execution, this committee were to issue a proclamation, ordering all farmers, and the people possessed of victuals, hay, corn, and meal, to bring them in, for the purpose of being disposed of to the public advantage. That the country gentlemen were not to leave their habitations under pain of death, or go more than three miles distant from home; and they were to send a proclamation to the king, stating, that if he did not give up the war we are now engaged in with France, and dismiss his present ministers, he must either stand by the consequences, or the peril of his refusal would lie with himself. If I prove that case, I leave it to your consideration what the result of your opinions must be, and what the verdict, which, under your oaths you must give, looking to the safety of your country on the one hand, to the just security of your fellow-subjects on the other, and keeping in view, as I know you will do, the great and leading rules essential to the equal distribution of justice. Mr. Anstruther. We propose to produce all the papers at once, to call the witnesses to prove them, and then read them together. EVIDENCE FOR THE CROWN. If, however, there be any criminality intended to be fixed on Mr. Downie, for having been a member, or concerned in the British Convention, I submit to your lordships, that it is not competent for the prosecutor to bring in evidence any facts in order to attach guilt to the prisoner on that account. In the prosecution last winter against Margarot, Gerrald, and others, for being concerned in that Convention, the public prosecutor adduced Mr. Downie as a witness, and he accordingly gave a fair and full evidence. Now I conceive, that by the law of this country, no person, adduced in such circumstances as a witness, can, after having fairly given his evidence, be held liable to be prosecuted himself, for having been concerned in that alleged criminal act. The very bringing him as a witness, entitles him to be protected against any prosecution on that account, nor can any circumstance, tending to show the criminality of that Convention, or of his having been concerned in it, be admitted as competent to be proved and brought into the scale against him, in a trial for another crime. This appears to me to be so strongly founded in good sense, and to be so clearly the principle of our law, that I hum Mr. William Scott (procurator fiscal) sworn. See the minutes of the British ConvenMr. Anstruther.-What are those papers, tion prefixed to the trial of Skirving anté Vol. Mr. Scott? They are part of the papers that | 23. p. 391. bly submit that the evidence now offered can- | port of the first committee, did not sit any not be received. Mr. Clerk. When Downie was examined as a witness on that occasion, he received the most solemn assurance from the Court, that nothing he should then declare should militate against him on any future occasion, on any pretence whatever. longer; there was lately a Committee of Emergency. The Committee of Revision of the Constitution brought forward a report of the Constitution, founded on two heads, First, a declaration of rights, and secondly, an organization of that Society. In the declaration of rights, in one article or section I do not want to prove that, but only they met for that purpose Were you ever present at a meeting at the Globe tavern?-I was. When was it?-The 20th January 1794. Who was present?-Martin. Did they come to any resolutions?—They did to several. Mr. Baron Norton.-That was a general meeting?-Yes. How many people might there be?—It was said about 1,000. Look at that paper?-That is a copy of the resolutions that were then passed. From whom did you receive that?—From a person of the name of Moore. Was Mr. Hardy present?-He was. Mr. Anstruther.-If the counsel for Downie had read the indictment with care, they would have seen, that he is not in that indictment, charged with being a member of that Convention, or any convention; I am neither accusing him of that, nor trying him for it. I am accusing him of endeavouring to procure, entering into measures to procure a convention, to meet at a future period, and of exciting the subjects of his majesty to send delegates to such convention, not a past convention, but a future convention; therefore there is nothing in this indictment which affects Downie at all, or attempts to affect him, on the score of the old convention-I mean that which met in December; but I will be candid enough to say, that I do mean to give in State what he said.-I called on Mr. Hardy evidence the acts of the British Convention; by the direction of Mr. Thelwall, who not to try Mr. Downie for any thing he did in commented upon that general meeting; I the British Convention; the charge against asked him for one of these papers called adhim is meeting in a Committee of Union, to dresses; he said he had none himself, but if I carry on plans and projects for assembling an- would apply to the secretary of the London other British Convention, at a time posterior to Corresponding Society, he would give me one. the dispersion of the British Convention, and I waited upon Mr. Hardy, and he was contaking measures with others, with a view to versing with two persons, one I understood to call another and similar convention, at a be Moore. He said to Moore "Have you any period then to come; but for that purpose, of those papers in your pocket of the general when I charge him with having endeavoured meeting?" Moore answered, "I have not one to call another British Convention, and en- now, if he will go with me to Princes-street, deavouring to further the views of the last, II will give him one there." Hardy desired must show what the British Convention was, him to look into his pocket, which he did, and what the views of that convention were, and gave it me. not as a crime against Downie, but to explain the acts he subsequently did. Mr. Anstruther.-Those are the minutes of Skirving found in the Convention?—Yes. What is that?-That is a paper found upon Mr. Sinclair. This paper was along with it. Mr. Taylor sworn. You live in London ?--I do. In Fleet-street?-In Fleet-street Do you know Mr. Hardy ?-I do. You received it from Moore, in the presence of Hardy, as resolutions come to that night?-Exactly so. Look at that.-These are the resolutions of a general meeting of the London Corresponding Society, of the 14th April, at Chalk farm. Are they the same?-To the best of my recollection they are the same; there is a little variation in the wording of a resolution. Have you stated where you received that paper?-No, sir, I have not. I received this Who is he?-Secretary to the London Cor- paper in the 2d division, on the Monday folresponding Society. lowing, that is, on the 22d April. Were you present at any meeting at Chalk farm?-I was. On what day? The 14th April. What was the meeting for?-It was a general meeting of the London Corresponding Society. Were you a member of it ?-I was. Explain what it was?-It is an aggregate society, of 5 or 6,000 persons divided into divisions 30 in number; each division had a delegate; there was a permanent committee constituted of these delegates; they met on the Thursday evening, and on the By what sort of summons were you called? subsequent night of meeting of each divi--There was information prior to that, given sion, the delegates reported the proceedings in the several divisions, that a meeting of of that division; there were other committees that kind would take place that day. of the Society of Correspondence; a Committee of Constitution; also, a Committee of Revision of Constitution; but that committee, as soon as they revised, and re-corrected the re Were there any tickets delivered for the meeting?-There was. How many people might be there? It was supposed between 2 and 3,000. Why did they not?-It was said they received notice from a magistrate to the man of the house, not to permit the meeting; two persons were fixed at the door of the house in Store street, No. 8, with small slips of paper, with words printed upon it, "Chalk farm, Hampstead road." Did that paper come to the committee? Several. Where did you receive that paper?-In the 2d division, on Monday the 21st April. From whom?-From Hardy; he brought them into the division; I conceived him to bring them in his official capacity, as secretary of the society; he laid them upon the table for the several members' use. Was Hardy present at Chalk farm?-He was present; I did not see him take any active part, but he was there. Who put those resolutions?—The chairman. were. Is there any alteration in them?-To the best of my recollection, in one there is; the words that passed in the meeting, were, that the present administration, in advising the present proceedings, was guilty of high treason. In these, I believe it is rather put as a question, by saying, are they not guilty of high treason by such advice? Are they the resolutions, except that difference, in the paper you received from Hardy? They are. Will you be so good as look at the papers, and tell me whose hand-writing they are? whose hand-writing is T. Hardy?-Having seen Mr. Hardy, as secretary, frequently write, in the divisions, I firmly believe that to be his hand-writing; also that, and that [holding different papers]; and this I believe to be Mr. Hardy's signature; the letter is in another hand; the letter does not appear to be his hand-writing; this also is the signature, but not the body of the letter; I also believe that is his signature, and the whole of this I believe to be his hand-writing [speaking of several papers produced.] Cross-examination. Where do you live?-No. 35, Fleet-street. What is your occupation ?—I have no trade. How do you usually employ yourself?-I have none but for my amusement. How do you amuse yourself generally?—I have several ways, with my family. You say you are a member of the Corresponding Society?—I am. Are you a member of any other societies? -No, sir, not of that sort. Why do you say not of that sort?-Because there are others. Do you mean to say, that you were not a member of the London Corresponding Society for any other purpose but amusement?-I hecame a member of the London Corresponding Society for no other purpose but amusement. I had no other view; no view to give information of what passed there How long were you a member of the London Corresponding Society?—I became a member of the London Corresponding Society the 27th of January. Do you trust to your memory for every thing that passed there?-I do not, I took some notes of matters that passed there? When did you take your notes?-Immediately on quitting it. Did you take them regularly?—I took them regularly after I came home. Have you your notes about you?—I have. Mr. Anstruther.-You may have all read if you please. Counsel for the Defendant.-No, sir, I do not want them all read. Witness.-The first is at a meeting of the London Corresponding Society, at the Globe tavern, Fleet street, on Monday, January 20th, 1794. "Mr. Martin, by the appellation of Citizen Martin, was called to the chair; he addressed the meeting in a short speech, signifying the intention of calling them together, which was for the purpose of the society at large adopting the several resolutions that had been prepared for the occasion, and which would be read and submitted to their consideration." Stop there, you begin with a particular phrase, Mr. Martin, by the appellation of Citizen Martin,-why do you say by the name of Citizen Martin?-If I am at a loss, and misunderstood the language, I am sorry for it; but Mr. Martin was not so called, as he usually is, Mr. Martin, but Citizen Martin. Is that common there?-It is, sir. No person or member of that society, I suppose, would address another in that society in that manner?-I beg pardon that was the mode of address of every member of that society in common; and accidentally meeting in the strect, it is common to address them by that name. Have you always used the appellation of Citizen such a one?-I have not always used it, not considering it necessary; and as to the minutes, I made them for my own observation and amusement. Did you make use of those minutes for your own amusement?--I did. And upon oath you made them for your own amusement?—I consider myself standing in that situation: I am before God and this high tribunal, and would not say an untruth for any consideration. You say you made them for your own amusement, and for no other purpose, and with no other view?-No other view. Did you afterwards give no information about it?—I had instructions to attend the privy council, and passed through examina tion, and I was asked whether I had made notes; I said I had, and I was desired to send for those notes. When were you examined before the privy council? About the 14th or 15th of May. Tell the story how you came there?--I accidentally met a friend on the street, he said, "have you a mind to go to the Globe tavern in Fleet Street? I have a ticket, if you will go, you may be amused." I did go. Mr. Anstruther.--When was that?-On the 20th of January. I went, I made my observations, and heard the resolutions. Mr. Thelwall read the resolutions; it struck me very forcibly from his manner. My friend said, you had better become a member; I did; I had not then a knowledge of any member in his individual capacity, but as a collective body. I found their principles very different from what I was acquainted with; I considered them, and thought them persons that meant to overturn the constitution. I went as a spectator. Mr. Clerk, counsel for the Defendant.-Was it at the first meeting you thought so?-Not immediately-at the first meeting I thought it extraordinary. Notwithstanding on the 20th of January you found their principles so extremely different from yours, you continued to attend?— I was induced to do so from curiosity. Why did you not then give information to government? I was perfectly unacquainted with every person of government till afterwards. They are very well known, you might have easily got access to them?-Having so little knowledge of them, and being so trifling an individual, I never attempted it. Did you ever assent to the resolutions?-I never absolutely assented by the manner their resolutions were passed, in the affirmative or negative, by show of hands. What was the name of the friend who introduced you? Do you mean my particular friend?-there is a ceremony of being introduced. Who introduced you to the Globe tavern? -Mr. Samuel Webb. He introduced you to the society,-what was the reason that induced him to introduce you? Mr. Anstruther. What does it signify what induced Mr. Webb? Counsel for Prisoner.-The question I mean to draw him to is this, did he publicly profess views that might induce Webb or others to desire him to visit the society, or become a member?-No, I made my observations to him, being struck with the novelty of the scene; he said you might as well become a member. Were the people who took you there en tirely unacquainted with your political sentiments? I went with my friend that produced the ticket and gave it me;-he was engaged himself, and asked if I would go to dinner.I conceived I was only going to join a convivial party. Did the landlord or any body else pay any thing in to carry on the society?--Yes. Did you?-Yes: the expence was 13d. at being made, and one penny at each meeting. Mr. Anstruther.-This gentleman has desired you to state one part of what passed on the 20th of January, at the Globe tavern; be so good to state what passed then at that meeting?"These resolutions were then read by a young man who stood next the chairman, whose name I afterwards understood was Richter, first one, then the other; then singly, and the question was put upon each by the chairman, and most of them, by a show of hands, were carried unanimously!" Counsel for Prisoner.-I have heard of witnesses refreshing their memory, but never heard them read their notes. Lord Advocate.-Mr. Clerk ordered him to do it-He is reading his journal verbatim by way of evidence, just now. Mr. Baron Norton.-His papers cannot mistake, therefore I think he had better read them. Counsel for Prisoner.-Were they made at the time?-Yes; soon after they were. "Mr. Thelwall on the conclusion rose, repeated those resolutions, and commented upon them in very bold and strong language, recommending their adoption, adding, that if ministry attempted to land any foreign mercenaries, or subsidized troops, then to repel force by force." "There were near 1,000 persons assembled, 500 of which stayed, and partook of a dinner provided on the occasion. Soon after the cloth was drawn, Thelwall took the chair, gave several toasts,-first, the Rights of Man, and sung many Republican songs; most of those songs were afterwards printed, and sold by him in the several divisions, and at his lectures." "Thelwall and John Williams were two of the stewards on this occasion,-Gerrald was also present, and, I believe a steward." Mr. Anstruther.-I have no more questions to ask this witness. Mr. Clerk. You say you were examined by the privy council, how came you to be examined by them?-I was sent for, as many of the members were. Had you made any application to the members of the privy council?-I had not. It was not by your own means you were sent for to the privy council?—No. Nor by any suggestion of yours?—No, sir. What induced you to come down here?-I heard you say you live in London, are you upon a visit? No, sir, I came down here from the privy council, with one of the king's |