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"They assure you, that all the Friends of Reform, may look with confidence to the determination and co-operation of this society, in every peaceable and constitutional measure, which shall appear to them calculated to promote the object of their institution; but they do not think that which is recommended in your letter, is likely to serve its professed purpose. They fear it will furnish the enemies of reform with the means of calumniating its advocates; and so far from forwarding the cause, will deter many from countenancing that which they approve: For these reasons, the Friends of the People must decline to send delegates to the convention proposed by the London Corresponding Society: At the same time, they renew their assurances of good will, and desire of preserving a proper understanding and cordiality among all the friends of parliamentary reform, notwithstanding any difference of opinion that may occur, as to the best method of accomplishing it. In name, and by order of the committee.

"W. BRETON, chairman. "To Mr. T. Hardy, sec. to the London Corresponding Society." "The following resolutions were then passed unanimously:

"Resolved unanimously,

1st, "That this society have beheld, with rising indignation, proportioned to the enormity of the evil, the late rapid advances of despotism in Britain; the invasion of public security; the contempt of popular opinion, and the violation of all those provisions of the constitution, intended to protect the people against the encroachments of power and prerogative.

2d, "That our abhorrence and detestation have been particularly called forth, by the late arbitrary and flagitious proceedings of the court of justiciary in Scotland, where all the doctrines and practices of the star-chamber, in the times of Charles 1st, have been revived and aggravated, and where sentences have been pronounced, in open violation of all law and justice, which must strike deep into the heart of every man the melancholy conviction, that Britons are no longer free.

3d, "That the whole proceedings of the late British convention of the people at Edinburgh, are such as claim our approbation and applause.

4th, "That the conduct of citizens Margarot and Gerrald, in particular, by its strict conformity with our wishes and instructions. and the ability, fairness, and disinterested patriotism which it so eminently displayed, has inspired an enthusiasm of zeal and attachment, which no time can obliterate, and no prosecution remove; and that we will preserve their names engraven on our hearts, till we have an opportunity to redress their wrongs.

5th, "That any attempt to violate those yet remaining laws, which are intended for

the security of Englishmen, against the tyranny of courts and ministers, and the corruption of dependent judges, by vesting in such judges a legislative or arbitrary power (such as has lately been exercised by the court of justiciary in Scotland) ought to be considered as dissolving entirely the social compact between the English nation and the governors, and driving them to an immediate appeal to that incontrovertible maxim of eternal justice, that the safety of the people is the supreme, and, in case of necessity, the only law.

6th, "That the arming and disciplining in this country, either with or without the consent of parliament, any bands of emigrants and foreigners, driven from their own country for their known attachment to an infamous despotism, is an outrageous attempt to overawe and intimidate the free spirit of Britons; to subjugate them to an army of mercenary cut-throats, whose views and interests must of necessity be in direct opposition to those of the nation; and that no pretence whatever ought to induce the people to submit to so unconstitutional a measure.

7th, "That the unconstitutional project of raising money and troops by forced benevolences (and no benevolences collected upon requisition from the king or his ministers, can ever in reality be voluntary, and the equally unjustifiable measure of arming one part of the people against the other, brought Charles the First to the block, and drove James the Second and his posterity from the throne; and that consequently ministers, in advising such measures, ought to consider whether they are not guilty of high treason.

8th, "That this society have beheld with considerable pleasure, the consistent respect which the House of Lords displayed for their own constitutional rules and orders, on the fourth of the present month, upon the motion of carl Stanhope, concerning the interference of ministers in the internal government of France, and that it is the firm conviction of this society, that this circumstance, when properly detailed, will have a considerable effect in convincing the country at large, of the true dignity and utility of that branch of his majesty's parliament.

9th, "That the thanks of this meeting be given to earl Stanhope, for his manly and patriotic conduct, during the present session of parliament, a conduct which (unsupported as it has been in the senate, of which he is so truly honourable a member) has, together with the timely interference of certain spirited and patriotic associations, been nevertheless already productive of the salutary effect of chasing the Hessian and Hanoverian mercenaries from our coasts, who, but for these exertions, might have been marched ere this into the very heart of the country, together with others of their countrymen, to have peopled the barracks which every where insult the eyes of Britons.

10th, "That it is the firm conviction of this

society, that a steady perseverance in the same bold and energetic sentiments, which have lately been avowed by the friends of freedom, cannot fail of crowning with ultimate triumph the virtuous cause in which we are engaged; since, whatever may be the interested opinion of hereditary senators, or packed majorities of pretended representatives, truth and liberty, in an age so en lightened as the present, must be invincible and omnipotent."

"This society having addressed Mr. Margarot, their delegate, an address to Joseph Gerrald was read as follows, and carried unanimously :

"To Joseph Gerrald, a prisoner, sentenced by the high court of justiciary of Scotland, to transportation beyond the seas for 14 years. "We behold in you, our beloved and respected friend and fellow-citizen, a martyr to the glorious cause of equal representation; and we cannot permit you to leave this degraded country, without expressing the infinite obligations the people at large, and we in particular owe to you, for your very spirited exertions in that cause upon every occasion; but upon none more conspicuously than during the sitting of the British Convention of the people at Edinburgh, and the consequent proceeding (we will not call it a trial) at the bar of the court of justiciary.

"We know not what most deserves our admiration, the splendid talents with which you are so eminently distinguished, the exalted virtues by which they have been directed, the perseverance and undaunted firmness which you so nobly displayed, in resisting the wrongs of your insulted and oppressed country, or your present manly and philosophical suffering, under an arbitrary, and, till of late, unprecedented sentence, a sentence,

one of the most vindictive and cruel that has

been pronounced, since the days of that most infamous and ever-to-be-detested court of star-chamber, the enormous tyranny of which "ost the first Charles his head.

"To you, and to your associates, we feel ou selves most deeply indebted. For us it is that you are suffering the sentence of transportation with felons, the vilest outcasts of society; for us it is, that you are condemned to the inhospitable shores of New Holland, where, however, we doubt not you will experience considerable alleviation, by the remembrance of that virtuous conduct for which it is imposed on you, and by the sincere regard and esteem of your fellow-citizens!

"The equal laws of this country have for ages past been the boast of its inhabitants; but whither are they now fled? We are animated by the same sentiments, are daily repeating the same words, and committing the same actions, for which you are thus infamously sentenced; and we will repeat and commit them, until we have obtained redress; yet we are unpunished; either, therefore, the

law is unjust towards you, in inflicting punishment on the exertions of virtue and talents, or it ought not to deprive us of our share in the glory of the martyrdom.

"We again therefore pledge ourselves to you, and to our country, never to cease demanding our rights from those who have usurped them, until, having obtained an equal representation of the people, we shall be enabled to hail you once more with triumph to your native country. We wish you health and happiness, and be assured, we never, never, shall forget your name, your virtues, nor your great example.

"The London Corresponding Society. "T. HARDY, secretary. "J.LOVETT, chairman.

April 14th, 1794."

"It was also unanimously resolved: "That the committee of correspondence be directed to convey the approbation of this society, 1st, to Archibald Hamilton Rowan, prisoner in the Newgate of the city of Dublin, for his unshaken attachment to the people, and for his spirited assertion of their rights.

2. "To John Philpot Curran, for his admirable and energetic defence of A. H. Rowan, and the principles of liberty, as well as for his patriotic conduct in parliament.

3." To the society of United Irishmen in Dublin, and to exhort them to persevere in their exertions to obtain justice for the people of Ireland.

4. "To Skirving, Palmer, and Muir, suffering the same iniquitous sentences, and in the same cause with our delegates.

5. "To John Clark, and Alexander Reid, for their so readily and disinterestedly giving bail for our delegates, instigated thereto solely by their attachment to liberty, uninfluenced by any personal consideration.

6. "To Adam Gillies, Malcolm Laing, and James Gibson, for their able assistance given to Joseph Gerrald, at the bar of the high court of justiciary at Edinburgh.

7. "To felicitate Thomas Walker + of Manchester, and the people at large, on the event of his, as well as several other late trials, and on the developement of the infamy of a system of spies and informers.

8. "To Sir Joseph Mawbey, for his manly conduct at the late surreptitious meeting held at Epsom in Surry.

"It was also unanimously resolved, "That 200,000 copies of the proceedings and resolutions of this meeting be printed and published.

"J. LOVETT, chairman. “T. HARDY, secretary. "Resolved, That the thanks of this meeting be given to the chairman for his manly and impartial conduct this day.

"T. HARDY, secretary."

• See it, antè, Vol. 22, p. 1066.
↑ See his trial, antè, Vol. 23, p. 1055.

Lord Advocate.-This is a printed letter, sworn to be found in Hardy's possession, signed T. Hardy, secretary to the Corresponding Society.

Who was Stock?-I believe he was a student. There was a Mr. Downie.

Was that the man at the bar?-Yes,-and Mr. Bonthrone,-I do not know the exact number that met, they met several times.

Was there ever a larger number met than these four?--I believe there was a larger number; but, as I said before, if there were two committees, the smaller committee met with the larger, I suppose.

Then am I to understand there were two committees?-I cannot be certain of that, because I did not belong to any myself.

Did you ever receive any printed letters from a society calling themselves the London Corresponding Society? Did you ever receive from the London Corresponding Society any written or printed letters?-I never did.

"Citizens;- The critical moment is arrived, and Britons must either assert with zeal and firmness their claims to liberty, or yield, without resistance, to the chains that ministerial usurpation is forging for them: will you co-operate with us in the only peaceable measure that now presents itself, with any prospect of success-we need not intimate to you that, notwithstanding the unparalleled audacity of a corrupt and over-bearing faction, which at present tramples on the rights and liberties of the people, our meetings cannot in England be interrupted, without the previous adoption of a convention bill;-a measure it is our duty to anticipate, that the ties of union Did you ever receive from any person whatmay be more firmly drawn, and the senti- ever, letters of that kind?-To the best of my ments and views of the different societies recollection I received one from Mr. Stock. throughout the nation be compared, while it That you mentioned before?—Yes. is yet in our power, so as to guide and direct Do you know the import or subject of it? the future operations of the Friends of Free-From the import of those letters, I save the dom. Rouse, then, to one exertion more, purpose was to send them to societies in the and let us show our consciousness of this im- country. I accordingly did so. portant truth,-If we are to be beaten down with threats, prosecutions, and illegal sentences, we are unworthy, we are incapable of liberty; we must, however, be expeditious; Hessians and Austrians are already among us; and if we tamely submit, a cloud of these armed barbarians may shortly be poured in upon us; let us form then another British Convention. We have a central situation in our view, which we believe would be most convenient for the whole island, but which we forbear to mention (entreating your confidence in this particular), till we have the answer of the societies with which we are in correspondence; let us have your answer, then, by the 20th at farthest, earlier if possible, whether you approve of the measure, and how many delegates you can send, with the number also if possible of your societies. We remain yours, in civic affection, the London Corresponding Society.

"T. HARDY, Secretary. "For the management of this business we have appointed a secret committee; you will judge how far it is necessary for you to do the

same."

George Ross sworn.

Lord Advocate.-Mr. Ross you were in the Gazetteer office?—Yes.

Do you know of any society or club meeting in your house, in January, February, and March last, after the dispersion of the British Convention?-I believe there was a society of people met in my house.

Of what sort or description?-I have heard it called a Committee of Union, or something of that kind.

Who are the persons that appeared to you to compose that committee,-the persons who ca me there?-There was a Mr. Watt, a Mr. Stock, sometimes,

Look at that, is that one?-That is one of them.

Is it your hand writing?-I think it is. Look at the address?-As far as I know that is one that I sent.

upon

Do you see the post mark it?-I see threepence here, the price of postage. Did you send any to Perth?-That is the one I sent to Perth.

Any other towns?-To four towns; Perth, Paisley, Strathaven, and another place.

Lord Advocate. This is addressed to Mr. Walter Miller, Perth; the words are these in his hand: "show this to your friends, and send an answer to George Ross, Liberty-court, Edinburgh; nothing but ready money subscriptions received."

Witness.-The post mark is March 6th or

8th.

It was about that time you received them from Stock?-To the best of my knowledge I received them from Stock; I do not particu larly remember what time.

Where did you receive them from him?-I suppose in my own house; I cannot be cer

tain.

Do you remember what time?—I do not remember the time, but it was from him I received them.

Mr. Cullen. I have no questions to ask this man, unless the prisoner has.

(The Prisoner said he had no question to ask).

Witness (to the lord Advocate).-Am I at liberty to go away after this?

Lord Advocate.-Not at present ;-I do not nean to keep you a moment longer here than is absolutely necessary.

William McCubbin sworn.

Mr. Anstruther, What are you?-A writer

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Were you one of the Friends of the People? -Yes, I was.

Do you know any thing of a committee, called the Committee of Union?--I know very little about it--it existed some time before I was a member of it.

Were you a member of it?-Yes, I was; I was there once, or twice, I believe."

Upon what occasion were you elected? The occasion was,-a young man of the name of Gunnell, who happened to be a member of it at the time of the disturbances at the Theatre, as he was bound over to keep the peace, he thought it improper for him to do that business, it was put upon me. I said I thought it would not suit my convenience, but I at last accepted it.

Upon this person being bound over to keep the peace, you at last accepted it? Yes, sir. What was that committee to do?-I never understood what it was to do, but I understood it to be a union of all the societies in Edinburgh.

What was it to do?-I understood it was for taking measures for calling another convention, to co-operate with the Committee of Collectors for forwarding the money.

Who were members ?-There were a great many.

Do you remember any of them? Was the prisoner a member of it?-Yes, I believe he

was.

You said, you understood it was for taking measures for calling another convention: what convention was it to be?-I understood similar to the last.

What do you mean by the last?-The British Convention.

You said something about the Committee of Collectors, what is that?--I understood the Committee of Collectors to be for the purpose of collecting money in the first place, to pay what debts were due, and, in the next place, to collect money for that purpose, and those suffering for peculiar opinions; and in the next place, to collect money to support the delegates in that new convention; that is what I understood.

Do you know where the convention was to meet? No, I do not.

Was it to be in Scotland or England?—I suppose in England; I do not know.

Were not the delegates to do something else besides receiving money?-It was to gather sentiments; and I understand several persons differed in opinion about the reform; some wished for universal suffrage, and annual parliaments; others thought it a violent measure; and it was to consider about that object, and how it could be obtained.

Lord Advocate-Were you a collector?— Yes my lord, I was.

Now, were you, or the other collectors, to go round all the Friends of the People to collect their opinions, or was there a particular district assigned-There was a particular district assigned to them, but it was not un

derstood they were confined to it; it was ac cording to the place where they lived.

Was it by dividing the districts?-It was to be the New Town, the south side of the town, the Lawn Market, and the Canongate.

To whom was the money to be paid?-I do not know, it was to be accounted for in the committee, and they were to appoint some persons.

Who were to appoint them?-The collectors; and I understood they were to be responsible for money paid.

Whom were they to pay it over to?—It was not mentioned.

Who was treasurer?-I understood Mr. Downie was treasurer.

Was he treasurer to the committee, or collectors?-He was treasurer to the whole. Do you know a man they called John Fairley?--Yes.

Was he a collecter ?—Yes, he was.

Was he distinguished from the other collectors by any appointment?--I came in one night, and they were met, and I went out and left them; they wished me much to be in; when I came into the room, they told me they had been doing some business: that John Fairley had been appointed a convener; I was a little astonished; I said nothing, and they were to give in printed papers for them to collect money.

Why were you astonished?-I was a little astonished upon his being appointed a permanent convener.

Was he to be changed every week, or month? I know nothing of that.

Why did you use the word permanent ;---It was only that he was to convene us, and sit always.

Sit always,--for what?-As convener. Were you at the British Convention the night it was dispersed ?---Yes, I was.

Who dispersed it?--It was the lord provost. What did the lord provost do?--- He asked if this was the British Convention, and the president said it was.

Who was president?---I believe it was Samuel Paterson.

Tell us what the provost said?--The provost said, he could not allow any such meeting to be held, and he desired the president to leave the chair; he said he could not properly leave the chair, without the permission of the convention; but as he had got leave before that to leave the chair, he was just going, and he would go; and a call was for some other person to take the chair, and Mr. Brown, of Sheffield, took the chair.

Lord Advocate.-Recollect and tell Brown's situation; what did Brown say to the provost, or the provost to him?-Brown said, as he was appointed by the unanimous voice of the convention, he could not leave it without leave of the convention; the lord provost said, he must leave the chair; he had been deficient, he said, in his duty, or he would have dispersed them before. The lord pro

vost said the proceedings were seditious or inflammatory; and Brown said, the publication of their proceedings tended to show that their meetings were of a constitutional nature, and they kept open doors to every person that chose to come; the provost said he must leave the chair; he said he would not do it, without superior force. Skirving observed, he could not leave the chair, and they would not allow themselves to disperse without force; it was agreed they should call in their force, and we should file off to the other side of the hall; but the constable came in, and the lord provost pulled Brown from the chair. Some person moved, as they had been dispersed there, they should go to the Canongate Mason Lodge.

Did you go there?—Yes.

What passed there?-A vote passed there, that we were permanent.

How long did you sit at the Canongate, after you voted that you were permanent?Not long.

How came you to separate then?-We thought it unnecessary to do any thing more that night.

Did you join the Convention again after that? No, it was many months after that.

Were you there the next night in the suburbs at a wright's shop there?—Yes, I was. What happened there?-The sheriff came in and dispersed them.

In short, the same thing took place that night, as took place the day before?—Yes.

Was any declaration made there that you had voted yourselves permanent the night before, in the Canongate ?-I cannot recollect.

Mr. Anstruther.-How long were you one of the collectors?-Eight days or a fortnight. Where did you meet when Fairley was president?—At George Ross's.

Where did you meet the next meeting? The next meeting was proposed in Philips's house.

Philips was a collector too, was not he? Yes.

Did that meeting take place?-No.

Why did not that meeting take place?-It was on account of Mr. Watt and Mr. Downie being apprehended; it was thought the people would be afraid to come, on the seizure of some of the books of the society.

Cross-Examination.

Mr. Clerk. You were a member of the Union Committee?—Yes.

You say Downie was treasurer of that committee? I heard he was treasurer for the whole of the Friends of the People throughout Edinburgh; I could not say for that committee.

Do you know any thing about his appointment?-No, it is only report, I have only been told it by some persons.

You do not know it of your own knowledge?-No.

Trial of David Downie

You have heard it only?—Yes.

[60

You were appointed collector?-Yes.
derstood it?-As I understood it, that night
Explain the nature of collector, as you un-
there was a letter given in that Mr.
had resigned his place, and desired some
other person would take it, and it was put
upon me, and with some hesitation I agreed
to it.

office to be?-I mentioned that it was to pay
What did you understand the duties of your
the debts that were due by the convention.
pose?-To collect money for that purpose.
You were to collect money for that pur-
Did you collect any money?-None.
Had you any access to know the sum of
money collected for that purpose?—No, I
know nothing about it.

Prisoner. Did you hear any thing about think I heard something about it mentioned. a library? I cannot recollect that, but I Mr. Clerk. About what?-About a library, about political publications.

William Binning sworn.

the Water of Leith Society, I believe, Mr. Mr. Anstruther.-You were a member of Binning?-Yes, sir.

Where did they meet at the Water of Leith-I was not at the house, but sometimes I belonged to a Friendly Society.

themselves?-A Society of the Friends of the How did the Water of Leith Society call People.

January last?-I could not charge my meDid they meet any time in December or mory, I dare say they might meet some time, Did they meet soon after the British Convention?-No-about 3 weeks or a month. You were secretary ?—Yes, or clerk rather.

With whom did you correspond?—We did by sundry delegates, what they call a Comnot correspond with any society, unless it was mittee of Union.

It was for carrying on the business of re-
What was that Committee of Union?-
form.

meeting?—I think there were 2 or 3.
How many delegates did you send to that
Who are they?—One M‘Ewan.

What is M'Ewan's first name?-Arthur;

Robert Orrock.

What is Orrock ?-A Smith.

What is M'Ewan ?-A weaver.
Who is the other?-William Ferguson.
What was the reason of your choosing these
form, by way of petition to parliament.
delegates ?-To carry on the matter of Re-

first? It was for corresponding.
What was your reason for choosing them at

Did it come into your own head, or did any
body bid you?-No, we chose them so that
a reform in parliament by petition.
we could correspond with a society to obtain

That was the way of doing it, by petition?
-Yes.

Who first proposed to appoint these dele

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