trary administrations have never proposed to restrict it altogether. You will pause, then, before you pronounce a verdict, which, as the public prosecutor demands it, would, in terms almost direct, be a verdict against the right of petitioning for the same argument that has been urged against the panel would apply against speeches relative to petitions complaining of any other public abuses, if the distresses of the people should be never so great-abuses against which no remedy could be looked for but by petitioning the legislature, and stating the grievances in the language of truth. Were such a pestilence to be introduced in this part of the island, as prosecutions to subvert the right of petitioning, the consequences would indeed be calamitous. The right of petitioning, so tenaciously held by our ancestors, may be still more necessary to our posterity. The present case ought not to have been prosecuted, even if the words had been more inflammatory than they are. It has no resemblance to a case of sedition. In the case of Muir,* and a variety of others, in which men were tried and punished for sedition, a wicked purpose was always clearly established, and the accused had no pretence for saying that they looked toward the legislature for the accomplishment of their objects. The moment that such a bona fide purpose is in view, the subject has a right to express his opinion, and he cannot be subjected to punishment for it. If he could be punished, the right of petition would be at an end.

Gentlemen, the panel is a person of irreproachable character, and his former history, and in particular the loyalty and public spirit of his conduct on all occasions, leave no room for any presumption that he would be inclined to seditious practices.

friend of order, and a habitual respecter of authority.

JOHN STRATHERN, wright.

JAMES ALEXANDER, sen. weaver.

JOHN BUNTIN, weaver.

WM. HOWIE, builder.

GEO. SMITH, grocer.
JOHN PAXTON, brewer.
JAMES CRAIG, weaver.

JAMES BUNTIN, shoemaker.

Mr. Jeffrey. You are aware, gentlemen, that it is now my duty to address you on the part of the other panel; and, after what you have already heard, and the ample opportunity you have had to consider the whole of the evidence during the trial, I flatter myself I shall be able to discharge this duty without encroaching much longer on your time. I wish, first, to address a word or two to you on the facts of the case, and to lay before you, in a detached form, those that relate to this panel, Thomas Baird-after which I must trouble you with a few words on what I conceive to be their reasonable and legal import.

It is one comfort in this case, surrounded as it is with discomforts and anxieties, that with regard to the facts, there can be no reasonable doubt in your minds; nor am I aware, indeed, that upon this part of the subject there is any great contradiction between the opposite sides of the bar. And, therefore, I shall give but a slight abridgement of the facts, separating those which apply to this individual, the truth and import of which I do not conceive liable to any question.

You will remember, it has been put in evi dence before you, that he is a man in a good condition in life, which is denoted, indeed, by his appearance. He is in reality a most respectable person, who had long resided in the

[Mr. Clerk then read the following certi- town, among whose citizens he had taken an

ficates:]

Kilmarnock, 2nd April, 1817. This is to certify, that Alexander M'Laren has resided in my house as a lodger for the space of seven years against May next, behaving himself soberly and honestly, free from wrangling or quarrelling, and as a loyal subject, speaking respectfully of government, and all other rulers in their different stations, so far as is known to me.

JOHN STRATHERN, wright.

Kilmarnock, 2nd April, 1817.
This is to certify, that Mr. Alexander

M'Laren has resided in Kilmarnock for
upwards of eight years, and has been se-
veral years in habits of intimacy with the
undersigners; and during that time, to
the utmost of our knowledge, has behaved
in a sober and peaceable manner; at all
times has been a loyal subject, a firm

2 How. Mod. St. Tr. 117.

active part on this occasion; and, even in the judgment of those who differed from him in their official situation, had the power and the opinion on political subjects, and who, from duty to prevent him from committing any wrong, he was universally esteemed incapable of harbouring evil intentions against the constitution. He was entrusted with military and civil offices, which are only committed to known and tried hands. He is past the early period of youth, when great imprudence may take place, notwithstanding principles generally correct. He has a young family dependent on him for their subsistence; and for its success on his good character and earns his livelihood by a trade which depends conduct. It has been proved that his general conduct is not only correct but exemplary, and that he has been in the habit of communicating and discussing his opinions on politics with a variety of persons who did not concur in those opinions; and therefore, while the other panel, from being less known in the town, could not have his character so generally spoken to, we who have been entrusted with the defence of

unless criminal intention be clearly and unanswerably established against him. The legal presumption of innocence, in such a ease, amounts almost to a moral certainty.

Baird, and who being less circumscribed in this respect, could afford to make a selection of our witnesses, have purposely abstained from taking the evidence of those who concurred in his political sentiments, or bringing one reformer to testify in favour of another, and have thought it better to take the evidence of those only who were naturally influenced by opposite motives and principles.

In this situation, Mr. Baird, placed as he was in the heart of a manufacturing district, could not fail to be a spectator of very general and very deplorable misery. A sharer in it he must also have been in some degree, as all You heard from them that this person has persons must be who are connected with the always been remarkable for the frankness with sale of commodities from which purchasers are which he delivered his opinions; and that, gradually withdrawing. Although the causes even when expressing them with the heat and of the general distress did not so immediately exaggeration inseparable from such discussions or directly affect him, yet he heard and witamong parties who do not agree, they always nessed those clamours and complaints, which appeared to them perfectly innocent and fair. certainly, in this part of the island, have not Browne, Wyllie, and Miller, from profession hitherto broken out into those rather compasand situation the most figuring men in the sionable than criminal excesses, to which the town, and the most notoriously adverse to any infirmity of human nature, rather than the machange in the established order of things, all lignity of individuals, or of any class of the say he uniformly maintained such language as people, may be hurried in seasons of such unimpressed their minds with a conviction that precedented calamity. He could not help he was strongly and decidedly attached to the hearing those complaints, and listening to the constitution of this empire, though he wished remedies which were proposed for those evils; for a reform in the Commons House of Parlia- and it appears, that he concurred in the opiment: that he was a mild person, and of a nion which some persons have held-and he character incapable of exciting, in any way, confessed it to all with whom he had occasion any degree of disorder or discontent against to converse-that a great part of the evils arose government. from a defect in one of the great bodies of the legislature-from want of due communion of sentiment between the body of the people, and those whose function it is to express their sentiments, and watch over their interests. That he entertained such an opinion, there is no doubt. Not going so far, perhaps, as thinking that a reform in the representation of the people would remove the evils then existing, he, in common with many persons, was of opinion, that it might tend at least to prevent their recurrence. He certainly did favour the professed object of the meeting, and in this, if his guilt began, it also ended, He undisguisedly gave his countenance to a general meeting for petitioning the three branches of the legislature, for redress of grievances, and reform of the Commons House of Parliament. His conduct in this particular was worthy of the sincerity with which it was dictated. „Associated with some others whom you have seen, they agreed as to the propriety or expediency of encouraging this method of proceeding; and at the same time, they determined not to take this step of calling a meeting for petitioning the legislature, if it was opposed, or likely to produce any opposition, in an official form, on the part of the local magistrates. Accordingly Mr. Baird, as one of the most respectable of the committee (all of whom seem to have been cool persons enough when the heat of the action was over, and the field deserted), waited on the proyost; and the provost told you, that though he disapproved of the meeting, he did not think he had power to prevent it. He seems actually to have gone out of town when it took place: so far was he from thinking there was any, danger to be apprehended: and he was justi

I am aware, that a good moral character is not in general an answer to a charge of crime, if there is distinct proof of its having been committed on any particular occasion; and that an allegation by the prosecutor of a wrong committed by a person whose moral character previously stood untainted, will, if supported by positive evidence, lead to the punishment of that person, notwithstanding such previous good character. But I submit to you, that in a trial like this, depending mainly on the question, whether the panel harboured a wicked, felonious, and seditious purpose, or, if he did not harbour such purpose in its obvious and naked form, whether he was chargeable with that disregard of the safety of his neighbour, or that recklessness as to consequences, which, in the eye of law, is considered a moral wrong, and punished as wicked and felonious :-I say, in a case in which every thing depends on this; where the matter is intrinsically of a doubtful nature; where it is a question whether a person has gone beyond a pardonable vivacity of discussion, and ventured to use language which the law holds to be demonstrative evidence of improper purpose-if, in these circumstances, you find a man standing in such a situation as the panel not tempted to expose himself to public view-not gifted with powers of eloquenceno way accustomed or inclined to try his talents in that way-carrying on a thriving trade, which he has no disposition to leave and standing comparatively uninjured, while others around him were on the verge of ruin -of peaceable habits-of moderate political, principles-under such circumstances, I say, you are bound to presume for his innocence,

fied in his opinion from the result-there was no tendency to tumult or disorder.

At that meeting, Mr. Baird, no doubt, attended. He was there and heard the speeches that were delivered; some of which, undoubtedly, contain very indecorous and improper expressions-expressions which it may have been preposterous to utter at a meeting con-mittee of the petitioners, a number of the vened for lawful and constitutional purposes. But if persons go to such a meeting at all, they may expect that preposterous expressions will be used, on both sides, perhaps, of the question. But is a man to be punished for sedition, if he accidentally hear seditious language employed by another person? Not only was the measure of calling a meeting for petitioning perfectly lawful in itself, but the behaviour of those who attended seems to have been orderly, decent and exemplary. I do not know whether your views concur with those of Mr. Baird, but thinking as he did on the subject, he acted properly. It is to be taken for granted, that the petitioners were sincere in their opinion, and that in taking those measures, they thought they would be of great effect in producing good.

At that meeting, then, Mr. Baird did not speak. He heard the speeches in question, but as that could not, of course, taint him with guilt, I am sure you will go along with me in thinking, that up to this point there was nothing culpable in his conduct; and therefore the very beginning and ending of the criminality imputed to him consists in his having afterwards (I cannot say, concurred, but) submitted to a resolution forced on him by the majority of those persons, with whom he was associated, in an application to parliament, for having these orations printed, in a full, true and particular account of the whole proceedings. This we stated in the outset; and it has been proved, without contradiction, by the testimony of a variety of witnesses. In the examination of the several witnesses, no indication ever appeared,-no hint, even in the most distant manner, ever presented itself, that the publication of the speeches was made with a view that seditious doctrines should be propagated, or that the contents of the work should be studied by persons at a distance. The publication is clearly proved not to have had any such ambitious object; but to have been made in the humble view of securing a little paltry gain, to defray the expense of nailing up a few boards for the accommodation of the orators, and providing a few sheets of gilt paper for three or four petitions to be transmitted to the Prince Regent and the Houses of Parliament.

It occurred to the petitioners, that the only means for defraying this heavy expense was to print an account of their proceedings,-that among their neighbours, whether those who agreed with them, or were opposed to them in political opinions, they might sell as many copies as might raise the sum which was wanted. Through the whole transaction there

is not the least vestige of any desire to have the work read or admired, either for mischief or glory. The only object was to get a small number sold; and accordingly they seem all to have been sold—without so much as a single copy having been given away. Mr. Baird, into whose hands, as one of the comcopies were impressed, got rid of them, it is true, with more facility than another man who was examined to-day did of his copies. But this was merely because he keeps a well-frequented shop, not because he was in any way zealous for their circulation. The nature of Mr. Baird's trust and management in the business were proved to you by his own shopman, and his own declaration; and it has been proved, that if he got rid of every one copy he was possessed of, shopmanlike he exacted his groat for every one of them which he sold. The printer said that about 400 copies were printed. Some remained in the hands of members of the committee who did not get them sold. They were not sold to booksellers; because the petitioners could not afford to pay booksellers' commission: they were sold for a particular purpose, which I have specified, and were sold in the cheapest way. Some of them were sold in a grocer's shop, where they might be of use to wrap up goods that were purchased; other members of the committee, however, could not sell their copies, because they could not, perhaps, be of such immediate use to the purchasers.

You see the nature of this transaction, then, and you must now be aware that it is conformable to the statement which was given of it at the beginning. Mr. Baird took no step disconformable to his general character of a quiet, modest, honest, well-disposed, good man; he made no speeches, but disapproved of various speeches and passages in speeches (which fact has been fully made out), as harsh and offensive; and these are considerations which certainly are of importance in determining whether he is guilty or not of sedition, as charged against him in this indictment.

These are the whole of the facts of this case; and you will be pleased to add to these facts what is proved to you by the evidence, and which the dates and the documents themselves instruct, viz. that all this took place publicly. It was known to his majesty's advocate, and all the lieges, that this was done so long back as December 1816; and you have seen that 400 copies of the publication were all that were printed. I do not think you will imagine it is very likely the authors and printers expected a great sale. None of the authors were much known in the literary world, and none of them, I think, professed themselves to be politicians. The object was to sell copies to the curious country gentlemen and the gossips in the neighbourhood. It was reasonable to think, too, that some people might have this curiosity, who were prevented by the weather from gratifying it, by attending at the meeting;

for you will recollect, that the speeches were spoken in defiance of the angry blasts of heaven,-in the midst of hail, snow, and wind, and notwithstanding the opposition of the elements. Petitions in conformity with these speeches were engrossed; and it is not denied, nor can there be any doubt of the fact, that they were presented, and that they were received with the usual civilities with which persons in those high quarters are wont to receive such communications.

All this was done months ago, and at a time when no alarm about sedition obtained here or in any other quarter of the kingdom; and Mr. Baird was allowed to sell his commodity of pamphlets, and to converse with his neighbours about them, without any body hinting that he was in any danger, not from what he was doing, but from what he had done weeks before. But, after that, some odious proceedings took place in another quarter of the island. Certain mobs had excited considerable alarm in the mind of the Legislature, and of the inhabitants of the metropolis, where a large assemblage of people is easily convened, and disturbance easily excited, They did commit some little outrage, and occasioned some fear for the peace of the city. This fear was propagated to the extremities of the empire, and then the vigilance of the Public Prosecutor in this country goes back to a former meeting, in a remote quarter, which had not been attended with any tumult, and had not been followed up with any the slightest criminal consequences. A book, consisting of foolish, ridiculous specimens of rustic oratory is on this occasion brought forward, and this quiet, esteemed and trust-worthy man is brought to your bar, and arraigned for having wickedly and feloniously circulated sedition.

must be imputed to a man of sense and cha rácter, and that you cannot help saying, on your oaths, that he disregarded all conse quences to others, to his country, and to himself, and was determined to stir up sedition and disturbance.

The essence of this, and of all other crimes, consists in the moral defect by which they are engendered; and therefore it is, that every criminal indictment necessarily charges, that the offence for which it threatens the accused person with punishment was committed wickedly and feloniously; and I believe almost every indictment for crimes of this description contains in more express words than occur here, an allegation that the acts set forth and described were done with an intention to excite sedition and disturbance. It is the intention, in short, in which the crime legally and morally consists. I do not find fault with the omission of that in the indictment. I rely on the candour, propriety, and wisdom of the Bench, to give you the requisite information on the subject: and I am sure you will be told that the words indispensably inserted in this indictment are in their own statement equiva lent to a direct allegation of intention in the commission of the crime charged; and that a more particular charge of intention could not have served any purpose.

When I say this is a necessary part of this, and of all other charges of sedition, you will give me so much credit as to suppose that do not mean to assert that the Public Prosecutor is bound to bring direct and positiveproof of a criminal intention having been actually expressed, or that it is not competent for him to argue that the nature of the acts themselves, the circumstances in which they were committed,-the situation of the party, the temptations to which he was exWe come now to consider what is the im- posed, his whole conduct before and after the port of the facts in this case, and what is the time he committed the acts, the general and verdict you ought this night to pronounce on well-known complexion of the times when the the person, whose character through life, and acts were done, are to be taken into considerwhose conduct upon one occasion, have been ation, in forming a judgment as to the inten detailed to you in evidence to-day: The tion with which the acts were performed.question is, Whether the evidence to which I Such considerations cannot but afford evidence have referred is such as to compel you, con- of the purpose and intention; and in questrary to that general presumption of innocence tions with regard to almost all other crimes, which law establishes for every accused per- this inference is generally so plain and neces-· son, contrary to that special presumption of sary as to make the task of the Jury compainnocence which the whole tenor of the de-ratively easy. If a man aim a blow at another, fendant's life and conduct morally establishes and knock out his brains, if a person break in his favour, whether that evidence, I say, in at night and rob a house, or if he forge a be such as to constrain you to pronounce that bill, and draw money for it from a bank, it is his conduct upon this occasion originated in vain to say there is a necessity to bring evi malignant and diabolical purposes,-purposes, dence beyond the fact itself, to prove a malig from the success of which he had every thing nant purpose in the one case, or a purpose of to lose and nothing to gain, but was to be fraud in the other. But observe the charac merely an inglorious stirrer up of sedition inter of sedition as defined, or attempted to be the first instance, and a victim to its guilt and insanity in the second.The question I say is, Whether the evidence goes to shew that such is the character of his offence, that such folly

* See James Watson's Case, Vol. xxxii. p. 1.

defined, by my learned friend, and, indeed, by all the lawyers. I am not finding fault with my Lord Advocate for not properly defining sedition, because it is one of the disadvantages attending such a case, that a sufficient and satisfactory definition is not to be easily found ;