Secretary that night. It was printed in the Gazetter-office, but does not know who was to pay the expence of printing has feen Mr Skirving acting as Secretary, and alfo Alexander Aitchifon as his athillant. On being shown fome papers which contained minutes of the Convention, he faid, he was not pofitive whofe handwriting they were, fome part refembled his brother's writing, others Mr Skirving's. Alexander Aitchison, late goldfmith, now ftudent of phyfic, being asked, in common form, when the oath was adminiftred to him, "Whether he entertained any ill-will or malice against the pannel?” ́He answered," Far from it, my Lords; I think him one of the worthieft of men, and best citizen living." Being further interrogated, he faid, that he was one of the Friends of the People, Lord Advocate. When did you become a member of this Society? Wit. I joined these societies, my Lord, when they met to celebrate the ever memorable and immortal 9th of Auguft 1792, which gave birth to the most noble event that ever happened among the nations of the earth, when liberty was given to millions of our fellow creatures who had hitherto groaned under defpotifm and tyranny! Lord Adv. Was you a member of the British Convention? Wit. I was a member of one of the Canongate Societies of the Friends of the People, reprefented them in the firft Convention of Delegates, and became also a member of the British Convention. Lord Adv. Who was Secretary? Wit. Mr Skirving acted as Secretary, and I often affifted him and took notes. Lord Adv. Did you take these notes accurately? Wit. Why, my Lord, it would be paying myself too great a compliment for me to fay fo; but I did fo to the best of my abilities. Here the witnefs was fhown fome writings with which he appeared to be perfectly well acquainted; and addreffing himself to the Lord Advocate, faid Here my Lord, on this page my writing begins, and there, my Lord, on that VOL. LVI. page it ends-here again I begin, and there again I end, being, my Lord you fee, very probably called off upon other bufinefs, and another perfon has supplied my place, by taking the minutes in my abfence. I fee, my Lord, part appears to be the writing of Mr George Rofs, who fometimes lent his aid. Lord Adv. Do you know the handwriting of Mr Skirving, and is there any of it there? Wit. Why, my Lord, I have feen Mr Skirving write, and think I might know his hand-writing; but, at the fame time, my Lord, you fee it is of fuch a common caft, which many hands may refemble, none be exactly like, and yet fome may come fo near, that I cannot pofitively fay I could know his writing; but, fhall look over these writings, and then I will give you my opinion. (Turned over the writings, and after paufing, faid) my Lord, I fee a good deal of my own writing here, and of others too whofe hands I do not know, neither am I certain which is Mr Skirvings; but, I think this here, and that there bears a strong refemblance.. [My Lord, what noife is that in the gallery-is it proper for people to laugh in a Court of Justice, when a witness is giving his declaration on oath.]— Some time ago, my Lord, I gave in my refignation of the office of Affiftant Secretary to the Society, finding that I could not pay that attention to it which was requifite, and which I wished to pay, because it interfered with the employment I held from a very respectable gentleman. The Society, however, would not allow my refignation, but would take my affiftance when I could attend, and give indulgence for my abfence on business. The whole minutes were regularly revifed, and entered in a book. Lord Advocate. By what appellation did you addrefs each other in the Convention? Wit. My Lord, Do you think we were Quakers? No! Sometimes we faid Sir, fometimes Mafter, and fometimes Citizen; and I myfelf, my Lord, am a citizen-burgefs of Edinburgh, and I think the man is unworthy of the honour, who is afhamed to be called a Citizen. E Up: Upon further interrogatories, he faid, Upon one occafion he came into the Convention, after a motion had been made for appointing a Secret Commitee, bit, when he came in, Mr Sinclair moved, that the motion fhould be burnt. This, however, was not done. This Committee was to fix a place of meeting, in cafe attempts were made to ftop their meetings, and were then to be named Convention of Emergency ;-which Convention was alfo to meet in cafe of an invafion, or of a Convention-bill being paffed by Parliament as in Ireland, when they were to draw up a remonstrance. He faw the Dundee hand-bill, and objected to its being read in Convention. Afterwards he got one from Skirving. Interrogated by the pannel.-He faid, he never thought him feditiously inclined, but anxious to fupport the Conftitution of King, Lords, and Commons, and bring about a timely reform in Parliament, in which the Convention thought themselves fanctioned by the Duke of Richmond and Mr Pitt. In the courfe of this examination the witnefs read feveral parts of thể minutes of the Convention, and alfo written motions which had been made there. Thefe papers were obtained in conf quence of a fearch made by the Sheriff in the houfes of fome of the members. George Rofs, Clerk in Gazetteer Office, faid, he printed a hand-bill which he and his brother had compofed. It had been shown to the Friends of the People, and approved of; it was for the purpose of calling them together, and Mr Skirving's name was affixed to it, although he had objected to it, the hand bill not having been written by himself. Some thoufands were printed and circulated, and various focieties niet in confequence. At the Convention of Delegates, Mr Skirving was prefent, and acted as Secretary. The debates of Convention were publifhed as news, and not by order of the Convention. He recollected a motion for a Secret Committee, to appoint a place of meeting for a Convention of Emergency, in cafe a Convention-bill was propofed in Parliament, or in cafe of Heffian or Hanoverian troops being landed. When a motion was made at night, in the Convention, it was dif cuffed next morning in the Sections, that they might be mafters of the subject when they came to the Convention the next night. He faid, ftrangers never received any mark of refpect in the Convention, unless by getting a feat next the door. He never heard of any motion being drawn up and burnt. David Downie, Goldfmith in Edinburgh, said, he was a member of the Society of the Friends of the People; and,. being shown the copy of a written motion, admitted it to be his. The proof on the part of the Crown being concluded about eight o'clock at night, the Lord Justice Clerk asked the pannel, whether he had any exculpatory proof to adduce. To which he replied, that having heard no crime proved against him, he did not fee it neceffary to adduce any proof in exculpation. The Lord Advocate then rofe, and, in an animated fpeech, addreffed the Jury on the import of the evidence which had been laid before them. His Lordship remarked, that from the example of two perfons of a good rank in fociety, having lately fuffered the fentence of the law in confequence of their fedious conduct, he had hoped, that the pannel, and fome other perfons who were then following fimilar measures, would have defifted from fuch attempts in future, but this he found was not the cafe; they prefumed, on the contrary, to fet the law at defiance, and have fince proceeded to fill greater lengths. In their meafures they had copied, in almost every particular, the forms of the French Convention, and if they had been allowed to proceed, the fame anarchy which pervades that country, might foon have pervaded this. They had formed themselves into a British Convention, called themfelves by the term Citizens, divided the Convention into Sedions, and ordered their proceedings to be inferted in the Bulletine-all this ferved to fhow in a great measure, how much they wished to follow the modes and manners of the people who now rule the unhappy country of France. But this was not all; they had appointed a Secret Com Committee, and this Committee was to fix a place of meeting for a Convention of Emergency-and what, faid his Lordhip, was the cafes in which this Convention was to meet? They were to meet, we are told by feveral witnesses, in cafe any motion is made in Parliament for a Convention-bill. Thus, if a member of Parliament should dare, in the dscharge of his duty, to propofe a certain motion, this Convention was to affemble to controul the measures of the British Senate. The other cafes of emergency were not lefs alarming and extraordinary. One was, That the Convention was to meet in cafe of an invafion. What did this imply, but that they were to be ready, on the first profpect of an opportunity, for overturning this happy Conftitution. This measure accords nearly with what they afferted in one of their hand-bills, where, fpeaking of thofe gentlemen who last year fo loyally difplayed their determination to fupport the Conftitution against all attempts to overturn it, they faid, that unless they now joined with them, their pledge would be forfeited, and the Friends of the People would be innocent.' His Lordship took notice of the threats which had been used against Jurymen, Jedges, and himself; but he expreffed his confidence, that no gentleman would be deterred from doing his duty by the menaces of any fet of men: And, faid his Lordship, all the incendiary letters, threatening affaffinations, &c. which, for three months paft, I have received, fhall not prevent me from doing my duty to the public. His Lordship went over every part of the evidence in a masterly manner-quoted feveral motions which were entered in the minutes, and particularly alluded to one part which faid, — "All the Members rofe up, and folemnly agreed to the following motion." This, fad his Lordship, is followed by no notion, but there is a blank left in the minutes to have one inferted. However, there was little doubt but that motion referred to the Secret Committee and Convention of Emergency. In all the proceedings of the Convention the pannel appears as Secretary, and was prefent at the two Conventions which were disperfed, and alfo at the Cock-pit, in the Grafs-market. His Lordship's fpeech gave great fatisfaction to agery crowded Court. Mr Skirving rofe and faid, he would now recite, in prefence of the Jury, the fame obfervations which he had read to the Court in the morning before the Jury was impanelled. It was in fubftance to the following effect: That in the indictment he was charged to appear in a Court of Jufticiary, to anfwer for certain crimes, whereas only one crime was ftated in the major propofition. That the only crime he was charged with was fedition. Would it not be unjuft, after calling him as a witnefs against Mr Palmer, and inclosing him with the other witneffes, to examine these very witneffes against him for the fame offences? As for the hand-bill, said he, the public profecutor cannot alledge I am either the author or publisher of it; but allow I were, can any perfon blame me for warning the people to take care of their rights, or to apply for a redrefs of their grievances in a conftitutional manner? Would it ever enter into the mind of any perfon, that one acting as Secretary to any fociety was answerable for the acts of that fociety? Neither is the Convention cited as a party. Let me be fairly cited to ftand trial as refpon fible for the British Convention, and I will willingly answer for it. Till the fociety is found guilty, every act done in that fociety must be cfteemed the act of the fociety, and not of an individual ; to allow fuch a thing would be reviving the Conventicle Trials with a vengeance. What remains in the indictment against me? Little against me-much to my credit and honour. He faid that he had willingly fubmitted to the authority of the Magiftrates, although he confidered it to be an unwarrantable and unconftitutional act ; That they had difiniffed him, after giving him his dinner for his trouble, with a declaration, which he promised to read to the people who fhould affemble at the Cock-pit: That, knowing the minds of the people to be irritated at the Baskawlike treatment they had met with, he E & pre prepared the paper mentioned in the indictment: That he first read the declaration of the Magiftrates, and then the paper which he had himself prepared: That it was lucky they went away fo foon, as, by the great concourfe of people that foon affembled, they might have been emboldened to enquire, who was right, and who was wrong? If my conduct, faid he, has been feditious in this business, fedition must be a very harmless thing. I glory in my conduct, and think it the moft worthy part of my life. No libel is relevant that is not a tranfcript of fome ftatute; for where there is no law, no crime can be committed. That the crimes charged against him were not specified in any ftatute; and therefore not cognizable by their Lordships. Let the public profecutor, faid he, ftate the meaning of the word Sedition, and the ftatute upon which he founds it. Affociation is the natural privilege of the brute creation. Speaking the truth can be no libel; and, without fixing the precife standard, how can the Jury know whether I have tranfgreffed or not? In the courfe of reading, he frequently reforted to the Bible, from which he read several verfes. He had recourfe alfo to various books and pamphlets. The Lord Justice Clerk then fummed up the evidence in a very clear and comprehenfive manner, and the whole was concluded about two o'clock on Tuesday morning, when the Jury were enclofed, and the pannel was carried to prifon. 2 In the afternoon, at two o'clock, the Court again met, when Alexander Mackenzie, Efq; of Seaton, Chancellor of the Jury, prefented their verdict, in which they unanimously found the pannel Guilty. After the verdict was recorded, and before fentence was paffed, the pannel addreffed the Court. He faid, by an unlucky accident, he had been deprived of Counsel yesterday at his trial, but had this morning received, by poft, what he had expected, viz. the opinion of English Counsel on his trial; and although it had arrived in fome degree too late, yet even at this period it might not perhaps be altogether ufelefs. He then ftated the opi nion of an English counsel to be, that the indictment was illegal in fo far as it charged him to be guilty art or part of the crime libelled.' On fuch a charge as this, he was informed, no legal trial could proceed. He alfo ftated, that to this hour, although he had often asked, he had never yet been informed what Sedition was. Their Lordships then gave their opinions upon the nature of the punishment to be inflicted, and were unanimous in fentencing him to be tranfported beyond feas for the term of Fourteen years. When their Lordships delivered their opinions as to what punishment fhould be inflicted, they also took notice of the opinion of this English Counfel, of whom they faid, that however knowing he might be in the law of England, he was grofsly ignorant of the law of Scotland, else he would have known that there was a special act of Parliament authorifing the charge of art and part. After fentence was pronounced, the pannel addreffed the Court, faying, The fentence did not at all appal him; that he had long fince learned to throw afide all fear of man: but this fentence would be re-judged, and that was all his comfort, and all his hope. Thursday the 9th. This day a vast crowd of people affembled in front of the Black-Bull inn, to accompany Maurice Margarot to the High Court of Jufticiary, who is to ftand trial for the crime of Sedition. He appeared about ten o'clock, accompanied by three friends. The mob forcing all four into a coach, which they had provided, drew it up ftreets to the Parliament House. Mr Margarot got out, and fifted himself at the bar. The trial was however put off, owing to the Lord Advocate's being indifpofed, and Mr Margarot was difmiffed from the bar, upon his finding caution of new. The mob again did him the honour of dragging the carriage in which he was to the inn. On Monday the 13th, the Court proceeded to his trial, which, on account of its length, we must delay entering upon till our next. The Jury were unanimous in finding him guilty. MONTHLY MONTHLY. REGISTER. FRANCE. NATIONAL CONVENTION. December 21ft. Cambon informed the Convention, that after examination of Perigaux and Co. bankers in Paris, refpecting the affair of Duchatelet, who had been condemned to die, nothing had appeared tending to criminate them. On a motion being made, it was decreed to liberate them. 22. Barrere informed the Convention, that the Committee of Public Safety propofed, that in every commune where feditious movements should appear, the inhabitants, in three days, should be obliged to deliver up their arms at their refpective municipalities, (by fimilar means the rebels have been able to procure 60,000 mufkets), with the amendment that no commune fhould be difarmed till it had been denounced and ordered to be difarmed by the Convention: A decree for carrying this meafure into effect was paffed. A deputation from the Jacobin Club prefented an addrefs to the Convention, requesting them to be on their guard against the craft and intrigues of enemies, who had endeavoured to spread the poifon of calumny on the most zealous defenders of liberty, that they had been furprized into the arreft of excellent patriots; the general of the revolutionary army had been put in irons without a hearing, while the liberty of fufpected men, who had been justly detained, had been demanded by women and children, and that attempts had been made to confound guilt with virtue; they requested the Convention to make a speedy report refpecting the members against whom decrees of arreft had long fince been isfued: And to order the Committee of General Safety to report on the confpiracy it had denounced, that the traitors might be known. The Prefident faid, the Convention received with fatisfaction and gratitude the information communicated by the Jacobins, who had fhewn themselves the first in vigilance, and had rendered great services to the Republic; and that the Convention would take fuch vigorous meafures as the fafety of the country did require. The addrefs was ordered to be inferted in the bulletine, and referred to the Committee of General Safety. Dumont, reprefentative of the people, wrote from Amiens, December 20, that the fhocking crime committed in that city filledths of the people with confternation, preparations were made, a feftival was given, and the tree of liberty, bearing this infcription, "The Citizens of Amiens will defend me till death," was re-planted. The air refounding with the cries of Vive la Convention, Vive la Montaigne.' From the reprefentatives of the people with the army employed against the Royalifts, the Convention received accounts of the most flattering fuccefs; the victory at Mans coft the rebels 18,000 men; for the space of fourteen leagues, fays Garnier, there is not a fathom without a dead body. The greatest hardship which the army laboured under, was the want of fhoes. The commiffioners complain loudly of the villainy of the contractors for furnishing this article, a crime, fay they, more fatal than almost any other in its confequences to liberty. In their attempts to pass the Loire near Amiens, the Royalifts were prevented by the armies of the Republic; a bridge which they had conftructed of planks and barrels was deftroyed, thofe that had got over were driven back into the river; preffed on all fides, they abandoned the enterprize, and marched with an intention to throw themselves into Morbihon, whether General Roffignol was preparing to purfue them; if the rebels fhall meet with any obftacle to delay them, but for one day, fay the commiffioners, they are undone. Barrere, in the name of the Committee of Public Safety, proposed the decree that fhould declare that Genoa had not violated her neutrality, and had no fhare in the maffacre of the 300 French, on board the La Modefte frigate, and fhould not be treated as the enemy of the Republic. The Convention then paffed the following decree: 1. That the treaties between France and the Republic of Genoa, shall be faithfully executed. |