"For a nation to be free, it is sufficient that it wills it ;

"And to love liberty, it is but necessary to know it.

ORIGIN OF GOVERNMENT.

"I. The nation is essentially the source of all sovereignty.

"II. The right of altering the government is a national right, and not a right of government.

and the rights of the people who elected them?

"Can the people of Scotland reflect without indignation on the conduct of a certain body of men, and particularly so, on the behaviour of Mr. D- when the mo

tion was lately made for a reform in the bhs of Sd, and was rejected by them with the greatest supercility and contempt?

"From the free-will and accord of such men, the people of Britain have very little chance of getting their representation extended on a more rational and equal plan. Such a reform must be accomplished by themselves."

"III. The authority of the people is the only authority on which government has a right to exist in any country. "IV. Government is nothing more than a national association, acting on the principles of society. "V. Government is not a trade, which any body of men has a right to set up, and exercise for its own emolument, but is altogether a trust from the people. It has of itself no rights, they are altoge-lowing, and employed him to print the same;

Which seditious libel or writing, the said William Stewart and John Elder, or one or other of them, delivered to John Darling, printer in Edinburgh, upon one or other of the days of the month of September aforesaid, or of August preceding, or October fol

ther duties. and he having accordingly done so, and "In every free country, the artist, mecha- thrown off 3,000 copies, or thereby, of the nic, and labouring man, has a right to said writing, some of which copies were by bargain for his labour; and how is it orders of the said William Stewart and John that in Britain, which is called the land Elder, or of one or other of them, put up in of freedom, they are by laws deprived of packages, each containing several hundreds of that natural right? Why are they not the said copies, and directed to different as free to make their own bargain as the booksellers in Glasgow, Paisley, Port-Glaslaw-makers are to let their farms and gow, and Anstruther; and which said parcels, houses at what they deem their value? together with a number of other loose copies "The great body of the people allowing these of the said seditious libel or writing having laws to exist, and that curse to liberty, been immediately, or soon thereafter, carried IMPRESS WARRANTS, at the caprice of go-to the shop of the said John Elder, the said vernment to be issued, is tolerating the greatest rights belonging to mankind to be violated and kept from them. "The first and noblest sentiments that ought to be engraved on the heart of every son of freedom should be,

William Stewart and John Elder did both and each, or one or other of them, during the course of the month of September foresaid, or of the months of October, November, and December following, wickedly and feloni ously distribute and circulate, or cause to be distributed and circulated, a number of copies of the said seditious writing among the inhabitants of the city of Edinburgh and its vicinity; and the said William Stewart and John Elder, or one or other of them, did also, some time in the course of the months of September, or October, November and December foresaid, transmit, or cause to be transmitted to different booksellers in Glasgow, Paisley, Port-Glasgow, and Anstruther, to be there distributed and circulated, several hundred copies of the said seditious writing contained in the different packages abovementioned. And further, the said William Stewart and John Elder, or one or other of them, did, some time in the month of September last, seventeen hundred and ninetytwo, or of the month of August, preceding, or of October following, wickedly and feloniously compose or write, or cause to be composed or written, somewhere in Edinburgh or Leith aforesaid, or some other place to the public prosecutor unknown, inscriptions for medals, of the following tenor.- Liberty, Equality, and an end to Impress Warrants,' The Nation

6

Darling, printer, Advocates-close, Edinburgh,' without date or subscription. The fourth addressed Mr. Elder, bookseller, Bridge, Edinburgh;' dated, Leith, 24th September, 1792,' and signed William Stewart.' The fifth addressed Mr. Elder, bookseller, Bridge, Edinburgh;' dated Leith, 25th September, 1792,' and signed, W. Stewart.' All which letters will in due time be lodged with the clerk of the high court of justiciary, before which the said persons above complained on are to be tried, that they may have an opportunity of seeing the same. At least times and places foresaid, the said wicked and seditious libels or writings, were written, printed, published, and circulated as aforesaid; and the said medals, bearing the inscriptions aforesaid, were cast off and distributed as aforesaid; and the said William Stewart and John Elder, are both and each, or one or other of them, guilty actors or art and part of all and each, or one or other of the foresaid crimes. All which, or part thereof being found proven by the verdict of an assize, before our lord justice general, lord justice clerk, and lords commissioners of justiciary, in a court of justiciary to be holden by them within the criminal court house of Edinburgh, upon the tenth day of January next, the said William Stewart and John Elder ought to be punished with the pains of law, to deter others from committing the like crimes in all time coming.

is essentially the Source of all Sovereignty.' have an opportunity of seeing the same. Liberty of conscience, Equal Representation, And further the said William Stewart and and Just Taxation. For a nation to be free John Elder, are desired to take notice, that 'it is sufficient that it wills it.' Which in- five letters will also be produced and used in scriptions being obviously calculated to stir evidence against them. The first addressed up a spirit of insurrection and opposition to to William Stewart, esq., Leith, dated' Edinthe established government, the said personsburgh, 20th September, 1792,' and bearing above complained upon or one or other of to be signed J. Campbell.' The second is them, did sometime in the said month of addressed to the said William Stewart, esq., September last, or of August preceding, or merchant, Leith, bearing to be dated GlasOctober following, put into the hands ofgow, 19th September, 1792;' and to be James Bell, tinman, or white iron smith in signed A. Campbell, secretary to the comLeith, and did employ him to cast and throw'mittee. The third addressed to Mr. John off several thousands of the said medals bearing the said inscriptions; which he having done accordingly, and delivered to or caused to be delivered to the saids William Stewart and John Elder, or one or other of them, they did, both and each, or one or other of them, upon one or other of the days of the said months of August, September, or October aforesaid, wickedly and feloniously distribute and circulate, or cause to be distributed and circulated, among the inhabitants of the city of Edinburgh and its vicinity, and in different parts of the country several hundreds of the said medals, bearing the said inscriptions: particularly the said William Stewart and John Elder, or one or other of them, did some time during the course of the months foresaid, transmit, or cause to be transmitted to different persons in Glasgow, Paisley, Port-Glasgow, and Anstruther, several hundreds of the foresaid medals bearing the said inscriptions. And the said William Stewart having upon the twentieth and twenty-first days of December, one thousand seven hundred and ninety-two, been brought before John Pringle, esq. our sheriff depute of the county of Edinburgh, he did in his presence, emit and sign two separate declarations of the respective dates aforesaid: And the said John Elder having been upon the nineteenth day of December, seventeen hundred and ninety-two, brought before the said John Pringle, esq., he did, in his presence emit and sign a declaration; which three declarations: together with a printed copy of the seditious writing, printed and circulated as aforesaid, intituled Rights of Man delineated; and the Origin of Government;' and subscribed by the said William Stewart, and John Elder, and others; and two of the medals cast, circulated, and distributed, as aforesaid, upon one of which is inscribed on the one side, Liberty, Equality, and an end to Impress Warrants;' and on the reverse, the Nation is essentially the Source of all 'Sovereignty;' and upon the other, Liberty of 'conscience, Equal Representation, and Just 'Taxation;' and on the reverse for a nation to be free, it is sufficient that it wills it,' will all be used in evidence against the said William Stewart and John Elder, and will for that purpose be lodged in due time with the clerk of the high court of justiciary, before which they are to be tried, that they may

And the said William Stewart being oft' times called in court, and three times at the door of the court house, he failed to appear.

Whereupon his majesty's advocate moved the Court that sentence of fugitation might be pronounced against him, and as he had found caution for his appearance in the sheriff court books of Edinburgh, craved that the bond of caution might be forfeited, and the penalty therein contained, recovered.

The lord justice clerk and lords commissioners of justiciary decern and adjudge the said William Stewart to be an outlaw and a fugitive from his majesty's laws, and ordain him to be put to his highness's horn; and all his moveable goods and gear to be escheat and inbrought to his majesty's use for his contempt and disobedience in not appearing this day and place in the hour of cause to have underlyen the law for the crimes of sedition and others specified in the said crimi

nal letters raised against him thereanent as he who was lawfully cited to that effect, and ofttimes called in court, and three times at the door of the court house, and failing to appear as said is; and ordain the bond of caution granted for the appearance of the said William Stewart in the sheriff court books of Edinburgh, to be forfeited and the penalty therein contained to be recovered by the clerk of this court to be disposed of as the court shall direct.

(Signed) ROBERT M'QUEEN, I. P. D.

Thereafter his majesty's advocate represented that he was determined to use every endeavour to apprehend the person of the said William Stewart and still to bring him to trial along with the panel Elder, and with that view he was under the necessity of moving their lordships for a continuation against the panel to some distant day, betwixt and which he would use every effort to bring Stewart to their lordships bar.

The lord justice clerk and lords commis

sioners of justiciary, continue the diet at the instance of his majesty's advocate for his majesty's interest, against John Elder, bookseller and stationer, North Bridge-street, Edinburgh, till Monday the 11th day of Febraary next, at ten o'clock forenoon, in this place; ordain parties, witnesses, assizers, and all concerned then to attend each under the pains of law.

11th February, 1793. Diet continued against Elder, till Monday, the 25th day of February instant.

25th February, 1793. Diet continued against Elder till Monday, the 11th day of March next, at ten o'clock forenoon.

11th March, 1793. Whole diets of court continued till Monday, the 18th day of March instant.

There does not appear on record any further continuation, or procedure against Elder.

590. Proceedings in the High Court of Justiciary at Edinburgh, against JAMES SMITH and JOHN MENNONS, on an Indictment charging them with Sedition, February 4th: 33 GEORGE III. A. D. 1793.

Curia Justiciaria S. D. N. Regis, tenta in Nova Sessionis domo de Edinburgh, quarto die Februarii, millesimo septingentesimo et nonogesimo tertio, per honorabiles viros Robertum Macqueen de Braxfield, Dominum Justiciarium Clericum, Alexandrum Murray de Henderland, Davidem Rae de Eskgrove, Joannem Swinton de Swinton, Dominum Gulielmum Nairne de Dunsinnan, baronetum, et Alexandrum Abercromby de Abercromby, Dominos Commissionarios Justiciariæ dicti S. D. N. Regis. Curia legitimè affirmata.

Intran,

discontent with the present excellent constitution of our kingdom, and to excite tumults and disorders therein, or which publicly express approbation of works of a seditious and inflammatory nature, more especially when the practical use of these writings are expressly recommended to the community,are crimes of an heinous nature, subversive of order and good government, and severely punishable: Yet true it is, and of verity, That the said James Smith, and John Mennons, have both and each, or one or other of them, presumed to commit, and are guilty, actors or art and part, of all and each, or of one or other of the said crimes aggravated as aforesaid: In so far as upon Thursday, the twenty second day of November last, or upon one or other of the days of that month, or of October preceding, or of December fol

John Mennons, printer in Glasgow-Panel. INDICTED and accused at the instance of Robert Dundas, esquire, of Arniston, his ma-lowing, a meeting of the inhabitants of the jesty's advocate, for his majesty's interest, for the crime of printing and publishing a seditious paper or writing, in manner mentioned in the criminal libel raised against him thereanent; bearing, that albeit by the laws of this realm, the wickedly and feloniously composing and writing, or the wickedly and feloniously printing and publishing, or the wickedly and feloniously causing to be composed and written, or printed and published, any seditious paper or writing, tending to create a spirit of disaffection to us, and of VOL. XXIII.

village of Partick, in the parish of Govan, and county of Lanark, having been called by beat of drum, to assemble that evening at the house of Allan Craig, innkeeper there, a number of people did assemble accordingly; and when so assembled, they thought proper to form themselves into a club or association to meet weekly thereafter, under the denomination of The Sons of Liberty, and the

Friends of Man,'-in order to bring about a reform in parliament, and a redress of supposed grievances in our present excellent

Ꭰ

constitution; that of this association, John | of the Glasgow newspapers, which was done Auchincloss, saddletree-maker in Partick, accordingly; the said resolutions with the was elected president; John Gibson, appren- preamble above-mentioned, having been by tice to David Kessock, linen printer at Mea- general consent carried by one or other of dowside, contiguous to Partick aforesaid, the meeting, or by some other person or pervice-president, and Peter Hart, apprentice sons to the public prosecutor unknown, to or print cutter with the said David Kessock, the printing-house of the said John Mennons secretary, for the evening; in which respective in the town of Glasgow aforesaid, were, after capacities they officiated accordingly:-That being revised by him, inserted in the newspaper the meeting being thus constituted, the said called the Glasgow Advertiser, and Evening James Smith did produce a paper containing Intelligencer, No. 730, from Monday, Nov. resolutions, which he proposed should be by 19th, to Friday, November 23rd, and five them adopted; and which resolutions he had hundred copies or thereby of the said paper, some days before wickedly and feloniously containing the said resolutions, with the precomposed and written for that purpose: amble above-mentioned, in the form of an That these resolutions were accordingly, with advertisement, were printed off, and sold or some small variations, adopted by the meet- distributed by the said John Mennons. And ing, and were transcribed by the said James the said James Smith having, on the eighth Smith, in their presence, and signed by their day of December last, been brought before president, vice-president, and secretary; which William Honyman, esquire, sheriff depute of resolutions, as also a preamble to them, like- Lanarkshire, did then in his presence emit wise written out by the said James Smith in a declaration tending to show his guilt in the presence of the foresaid meeting, are of the premisses; which declaration is subscribed following tenor: by the said James Smith, and the said William Honyman: and the said John Mennons, having, on the said eighth day of December last, been brought before the said William Honyman, esquire, did likewise emit a decla ration in his presence, also tending to show is likewise subscribed by the said John Menhis guilt in the premisses; which declaration nons, and William Honyman, esquire, and both which declarations, together with the manuscript copy of the above-mentioned resolutions, as written by the said James Smith, and subscribed by the said John Auchincloss, John Gibson, and Peter Hart, together with the preamble above-mentioned, also written by the said James Smith, with the libellous and seditious book or publication intituled, "Paine's Whole Works," (to containing the following passages: which the above resolutions expressly refer)

"Partick, November 22, 1792.
"The inhabitants of the village of Par-
tick, and its neighbourhood, animated
with a just indignation at the honour of
their town being stained, by the erec-
tion of a Burkified society, have formed
themselves into an association, under
the name of the Sons of Liberty, and
the Friends of Man.-At this meeting,
from its number, equally hopeful to the
people, as formidable to the tools of
tyrants, the following resolutions were
unanimously adopted: 1st, That the
society do stand forward in defence of
the Rights of Man, and co-operate with
the respectable assemblage of the Friends
of the People in Glasgow, and with the
innumerable host of reform associations
in Scotland, England, and Ireland, for
the glorious purpose of vindicating the
native rights of man, liberty, with a fair,
full, free, and equal representation of the
people in parliament. 2nd, That the
Sons of Liberty in Partick, having atten-
tively perused the whole works of the
immortal author of the Rights of Man,
THOMAS PAINE, declare it as their opi-
nion, that if nations would adopt the
practical use of those works, tyrants and
their satellites, would vanish like the
morning mist before the rising sun!
that social comfort, plenty, good order,
peace, and joy, would diffuse their be-
nign influence over the human race.

JOHN AUCHINCLOSS, President.
JOHN GIBSON, Vice-President.
PETER HART, Secretary."

And the said James Smith, after having prevailed upon the meeting to adopt these resolutions, with the preamble above-mentioned, likewise proposed that directions should be given to have them inserted in one

(Pamphlet, intituled Common Sense, p. 12.) "Government by kings was first introduced into the world by the heathens, from whom the children of Israel copied the custom. It was the most prosperous invention the devil ever set on foot for the promotion of idolatry. The heathens paid divine honours to their deceased kings, and the christian world hath improved on the plan, by doing the same to their living ones. How impious is the title of Sacred Majesty, applied to a worm, who, in the midst of his splendor, is crumbling into dust! As the exalting one man SO greatly above the rest cannot be justified on the equal rights of nature, so neither can it be defended on the authority of Scripture; for the will of the Almighty, as declared by Gideon and the Prophet Samuel, expressly disapproves of government by kings. (p. 13.) Monarchy is ranked in Scripture as one of the sins of the Jews, for