fore this Court; but looking at the evidence | constitution and government, for which they that has been adduced to-day can we believe were to substitute, at least what subsists in a that any thing else was at the bottom of this neighbouring kingdom, murder, rapine, and plan than foul treason? all the enormities which can disgrace human nature. Sands, a witness, made an observation today, that though he once thought Mealmaker to be the author of that pamphlet, yet from some circumstances he had now reason to doubt that. It was stated by a younger counsel yesterday, that Palmer's was the only similar case to this; indeed, it must be admitted, there was a similarity in that trial with this, for Mealmaker took it upon him to say, he was the author of that pamphlet for | which Palmer was tried. I do not now be lieve him, that he is the author of that Catechism so artfully drawn; but he has industriously circulated it among the poor industrious people, leading them away from their simple and innocent mode of life and business, under the specious pretext of obtaining a reform in parliament by petition, yet having for his real intent that plan which Brown, the witness, has told the Court this day made him shiver, and which he endeavoured to persuade his friend from embarking in; and Sands also admonished Mealmaker against it, but in vain; for though he confessed the force of his reasoning, yet down to the period of November when he was apprehended, he never ceased, as we see from the evidence, to prove himself an arch-traitor, studying to pervert and corrupt every person within his reach. The sedition charged, must be proved either from the panel's own conduct, his friends, or his papers; and here we have evidence of the strongest nature parole, printed and real. On the parole evidence we may refer to Brown and Sands. The first from the mode he took to inform the magistrate of the county, had incurred danger to himself, and been threatened by the friends of those incendiaries with mischief. He stands confirmed by another, a most unsuspicious witness, as also by written documents. Sands tells us, he was visited by a person from the west country, who went to Aberdeen and was to return in three weeks. It is proved that similar societies were held out as existing in England and Ireland, and were talked of in the very meeting where Mealmaker, with all his caution and secrecy, was appointed a delegate. Petitioning parliainent was, indeed, the ostensible pretext of those emissaries of treason; they durst not hold out publicly, that they meant to seize and dispatch our magistrates; but Sands saw through the veil, and pointing it out with the finger of truth to his friend Mealmaker, cautioned him against it, that he suspected there were villains at the bottom of the plan, and advised him to have nothing to do with it-2 plan formed to conceal their real intentions, until these societies were sufficiently propagated through the country, when they were to show that it was not a parliamentary reform they had in view, but a total overthrow of the The parole evidence is here strongly confirmed by the "Moral and Political Catechism." It was argued yesterday, that to meet for petitioning parliament for a reform, is legal and constitutional, and that this was the innocent purpose of these societies, but in the whole of these papers there is not one word said of such an application to the legislature; on the contrary, it seems studiously avoided, but the real purpose is as plainly discernible as if Mealmaker had told what Brown had expressed, that similar scenes as those which have prevailed in Ireland, murder and every horrible crime, were to have been introduced to Britain. The thanks of the country are justly due to that active and upright gentleman the first magistrate in Fife, to whose exertions we are indebted for the detection of this formidable conspiracy. When he had by much diligence got knowledge of part of the plan, and wanted to obtain another paper to make the discovery still more complete, such was the secrecy observed by the members of these societies, that no such paper could be come at in Cupar, so that it was necessary to send a person to Dundee with proper signs and documents. These papers, however, were obtained from Mealmaker himself, so that it would be wasting time to argue upon the point of circulation, for that is directly and distinctly traced to him, and proves him to be the depository of all these doctrines of treason, which he circulated through the country, endeavouring thus to obtain the majority he so much wanted, by exciting the poor and the ignorant to rise against the rich and higher orders of society, and thus involve the whole in one common ruin. His lordship said, that when the gentlemen of the jury retired, they would have an opportunity of perusing deliberately these publications. For the present, he would only quote a few passages. The first quotation stated, that they professed themselves friends of good order, &c. Now, said his lordship, if they were so, is this the time, this the period which friends of good order would fix upon for enquiring into the defects of our government, and raising up complaints of grievances, when every good man would feel it his duty to make every exertion in behalf of his country, and in allaying discontents? or if they were so conscious of rectitude, why all this secrecy, why these signs, tests and oaths to keep concealed-what? a measure which, by their own account, is the right which every Briton enjoys, that of inquiring into the system of the government. But their true aim is in another part of the pamphlet more distinctly stated, viz. annual parliaments and universal suffrage, and for this they form themselves into a society of United Scotsmen, declaring they will never desist till they have obtained their object. In another part they declare, the will of the majority is not rebellion. In connexion with this, we find by the evidence, that it was their object to bring over the majority, and then, according to the panel's opinion, rebellion became a moral duty. All this, however, is to be left to the determination of some poor ignorant people in Cupar. In another part of the pamphlet, it is said, nothing is able to resist a determined people, and alluding to government, it says, if they act they are undone. Indeed we have heard in evidence, that the magistrates, &c. who should dare to resist, should have their throats cut, and, it is probable, that such would have been the case whether they had resisted or not. Upon the whole, it appears to have been their sole motive, to overturn the government of the country, by alienating the minds of the people, and inciting them to resistance. We all know that every man has a right to investigate the measures of government, and may find fault with any minister, although yesterday it was stated by a young gentleman, on the other side of the bar, that such was the intolerance of the times, that men were prevented from exercising that right; but does the exercise of that right consist in the measures pursued by those people we are now talking of, in oaths, and tests, and secrecy? can such be compared with the fair, open and manly manner which has hitherto distinguished Britons? I may humbly contend that the seditious tendency of these societies is as distinctly proved, as if we had looked into the mind of Mealmaker. They were to establish a union of rights and power, and it was, no doubt, to establish their union of power that all their endeavours were directed, in order to accomplish a complete subversion of the constitution. These are the sentiments of the pamphlets issued by Mealmaker, who was to instruct all the delegates at Dundee, such as Mr. Kerriemuir-Mr. Cupar Angus. The witness, Aitken, tells us, that, when he went to Dundee, he called at a public house, and asked if there were any men there; and, with much difficulty, he at last told us, that the name of the person into whose ear he whispered was Mealmaker. It may be observed with what caution the panel acted, when Bell applied to him for the pamphlets, even when he showed the signs and proper documents-that would not all do-he behoved to take an oath, which Bell confessed he had not taken before. In every step, Mealmaker appears to be the ringleader. The evidence of Tod goes to prove, that the pamphlet was printed at M'Cleish's office, and that a correspondence passed with Mealmaker about the printing of it, and that orders were sent by him for sending parcels of them to different parts of the country. The period which Mealmaker took for carrying on his plan, was that alarming period when a mutiny existed, and the British parliament found it necessary to pass an act to frustrate the intentions of those who had propagated such dangerous plans among the sailors and soldiers in England and Ireland. This act was to prevent unlawful oaths, yet we find that when Bell went to Mealmaker's house, he administered to him the oath of secretary, because he was then to become the custodier of papers, which should be entrusted to none but those who had previously taken that oath. The administering of this oath is most directly in the teeth of the act of parliament; it binds the person taking it to conceal even from magistrates the discovery of any document in his custody. It binds the person to obey the instructions of a society of men surely not legally constituted. If therefore there remained any doubt with the jury, as to the proof of the charge, as laid at common law, surely the proof of administering this oath, upon Bell's direct evidence, is clear and distinct. It is true, a single witness is not sufficient; but if that witness is supported by collateral circumstances, these may so strengthen it as to afford sufficient validity. Can you believe all the other parts of Bell's evidence, in which he is supported by other witnesses, and yet reject that part of it which applies to the taking of this oath? The caution of Mealmaker at administering this oath is remarkable; for he took Bell into a closet, away even from the presence of his wife. His lordship went over every part of the evidence, and concluded, by calling upon the jury to consider the whole of the case: that if they thought these pamphlets were not of a seditious tendency, or that the panel was not the author or publisher of them, or that the societies were pure and innocent in their plans and proceedings, or that the oath said to be administered to Bell is not proved, then a verdict of acquittal will fall to be returned; but if, on the contrary, the proof amounts to a clear demonstration of those charges which have been preferred, then they will return a verdict in terms of the libel, that the panel may receive such a punishment as may deter others from making similar daring attempts to overturn the happy constitution of this country, which has hitherto remained the admiration and wonder of surrounding nations. Mr. Clerk, on the part of the panel, made a very excellent reply to the lord advocate, in which he employed much ingenuity in the interpretation to be given to the meaning of the different exceptionable parts of the pamphlet, &c. Lord Eskgrove, in the absence of lord justice clerk, summed up the evidence. Three o'clock of the morning of the 12th of January. The lords commissioners of justiciary, ordain the assize instantly to inclose in this place, and to return their verdict in the same place, this day, at two o'clock afternoon; continue the diet against the panel, and whole other diets of court, till that time; ordain the baill fifteen assizers and all concerned then to attend, each under the pains of law; and the" more effectual transportation of felons and panel in the mean time to be carried back to prison. Curia Justiciaria S. D. N. Regis tenta in Curia legitimè affirmata. George Mealmaker, weaver in Dundee, present prisoner in the Tolbooth of Edin burgh, panel, Indicted and accused as in the preceding sederunts. The persons who passed upon the assize of the panels) returned the following verdict. At Edinburgh, the 12th day of January in the year, 1798. The above assize having inclosed, made choice of the said David Hunter to be their chancellor, and of the said James Cochrane to be their clerk, and having considered the criminal libel raised and pursued at the instance of his majesty's advocate for his majesty's interest against George Mealmaker, panel; the interlocutor of relevancy pronounced thereon by the Court, and the evidence adduced in proof of the libel; they all, in one voice find the panel George Meal maker guilty of the crimes libelled. In witness whereof their said chancellor and clerk have subscribed these presents in their names, and by their appointment, place and date aforesaid. (Signed) DAVID HUNTER, Chancellor, JAS. COCHRANE, Clerk. The lords commissioners of justiciary having considered the verdict of assize dated and returned this 12th day of January current, against the said George Mealmaker, panel, in respect thereof the said lords in terms of an act passed in the 25th year of the reign of his present majesty, intituled, "An act for the "other offenders in that part of Great Britain "called Scotland;" order and adjudge that the said George Mealmaker, panel, be transported beyond seas to such place as his majesty, with the advice of his privy council shall declare and appoint, and that for the space of fourteen years from and after this date; with certification to him that if after being so transported, he shall return to and be found at large within any part of Great Britain or Ireland without some lawful cause during the said period of fourteen years, and be thereof lawfully convicted, he shall suffer death as in cases of felony, without benefit of clergy by the law of England; for which this shall be to all concerned a sufficient warrant; and ordain the panel to be carried back to prison, therein to be detained till an opportunity shall offer for his transportation as said is. (Signed) DAVID RAE, J. P. D. After sentence was pronounced, the prisoner addressed the Court in a few words, in substance as follow:-" He said he thought his sentence hard, considering it had only been proved against him, that he had published the Catechism, which he solemnly declared was merely intended as simple or abstract political propositions, and with no view to injure the country. He said, however, he saw that he was to be another victim to the pursuit of a parliamentary reform; but he could easily others had gone before him. He did not fear it. submit, and go to that distant country, where His wife and children would still be provided for, as they had been before; and the young Mealmakers would be fed by that God who feeds the ravens.---As to the Court, he had nothing to say, but, he thought the Jury had acted very hastily, for if he was rightly informed, they had only taken half an hour to consider the whole of his case. They knew best whether their conscience said they had done him justice; but there was a day coming, when they would be brought before a Jury where there was no partial government, and where the secrets of the heart were known. He begged now to take his leave of them all.” 628. Proceedings in the High Court of Justiciary at Edinburgh, against ANGUS CAMERON and JAMES MENZIES for Sedition, Mobbing, and Rioting, January 15th and 17th: 38 GEORGE III. A. D. 1798. Curia Justiciaria, S. D. N. Regis, tenta in Angus Cameron, wright and architect, late residing at Weem, parish of Weem, and county of Perth, presently prisoner in the Tolbooth of Edinburgh, and James Menzies, jun. merchant in Weem aforesaid, panels, INDICTED and accused at the instance of Robert Dundas, esquire, of Arniston, his majesty's advocate for his majesty's interest, for the crimes of sedition, mobbing, and rioting, in manner mentioned in the criminal indictment raised against them thereanent; bearing, THAT ALBEIT by the laws of this and of every other well-governed realm, sedition, as also mobbing and rioting, more especially with the intent and purpose of violently opposing and resisting a public law, and when accompanied with acts of violence against the persons entrusted with the execution of such law, tending to deter them from the execution of their duty, are crimes of an heinous nature, and severely punishable: YET TRUE IT IS AND OF VERITY, that you the said Angus Cameron and James Menzies have presumed to commit and are guilty actors, or art and part of all and each or one or other of the aforesaid crimes, aggravated as aforesaid. In SO FAR AS a riotous and disorderly assemblage of persons, having on the morning of the 4th day of September, 1797, met at various places in the parish of Dull and county of Perth, with the avowed and determined purpose of violently opposing and resisting the execution of an act passed in the 37th year of the reign of his present majesty George the third, cap. 103, intituled, "An act to raise and embody a Militia Force in that part of the Kingdom "of Great Britain called Scotland ;" and having in pursuance of the said illegal and seditious purpose, gone to the dwelling-houses of various persons in the said parish of Dull, and compelled them to join and accompany the said mob; did, thereafter, on the said 4th day of September, 1797, or on one or other of the days of that month, or of the month of August immediately preceding, or of October immediately following, proceed to Weem, parish of Weem, and county aforesaid; at which place you the said Angus Cameron and James Menzies, with a number of others your associates, did wickedly and feloniously join the said mob; and did take an active part in all their proceedings; and the said riotous and disorderly mob, among whom were you the said Angus Cameron and James Menzies, having surrounded the dwelling house of the rev. Mr. James M'Diarmid, minister of Weem aforesaid, and compelled him to join them, did, thereafter, on the said 4th day of September, 1797, or on one or other of the days of that month, or of the month of August immediately preceding, or of October immediately following, and in pursuance of their aforesaid wicked and seditious intent, proceed to the house of Castle Menzies, the residence of sir John Menzies, one of the deputy lieutenants of the county of Perth, and which is in the immediate neighbourhood of Weem aforesaid, and the said sir John Menzies having come out of his said dwelling house, the said riotous and disorderly mob, among whom were you the said Angus Cameron and James Menzies, called out, that they wanted a repeal of the Militia act, and it having been suggested that the said mob should return to Weem and write out a petition stating what they wanted, they the said persons thus riotously assembled, fixed upon you the said Angus Cameron and James Menzies, or one or other of you, to write out the aforesaid petition, but you having declined to do so, and insisted on holding a personal communication with sir John Menzies, did accordingly, with the intent and purpose above libelled, bring back the foresaid riotous and disorderly mob to Castle Menzies aforesaid, their numbers at this time amount. ing to upwards of one thousand, and being mostly armed with sticks and bludgeons; and the said persons thus riotously assembled, among whom were you the said Angus Cameron and James Menzies, again called out in the most violent and clamorous manner, that they would have no militia, and insisted that the said sir John Menzies should write or sign an obligation importing, that he would take no part in carrying the aforesaid act of parliament into execution, and threatened that if he did not do so, they would set fire to the house of Castle Menzies, and carry the gentlemen who were there prisoners to Athol House; but you the said Angus Cameron and James Menzies, or one or other of you, having thereupon proposed that the said persons thus riotously assembled, should wait the arrival of another mob composed of the Grandtully people, and the said Grandtully people having soon thereafter arrived along with others, and joined the aforesaid mob, making in all an assemblage of persons of two thousand and upwards, mostly armed with bludgeons; you the said Angus Cameron and James Menzies or one or other of you, did, thereafter, encourage and instigate the said mob to insist upon sir John Menzies signing an obligation of the tenor aforesaid. Accordingly the said persons thus riotously and dis- orderly assembled, did, immediately or soon thereafter, surround the person of the said sir John Menzies, and by threats of immediate violence, did compel him to agree to their demands, whereupon a table having been brought out of the house, you the said Angus Cameron and James Menzies, or one or other of you did thereafter write or cause to be written, upon a sheet of stamped paper, which had been procured for that purpose, an obligation of the following import and tendency, and which was dictated by you the said Angus Cameron: "We the following "subscribers, bind and oblige ourselves as we "shall answer to God and man that we shall "by every legal and constitutional means, "adjoin our power, declare our detestation "and abhorrence of the late act enacted in "parliament, for levying a militia in Scotland. "That we hereby solemnly declare that we "shall use no forcible means to apprehend, "confine or imprison any person assistant "whatever who has appeared at Castle Men"zies or elsewhere, or in any part of Perth on prior days; further, that we shall petition government for an abolition and nullifying "of the foresaid act from the records of the "British parliament; that the members of "parliament for this county, shall present "this petition, or any annexed thereto, to the "two Houses of Parliament, to the privy "council, during the prorogation of parlia"ment. This we shall do of our own free "will and accord, as we shall answer to God." Which paper wrote and dictated as aforesaid, or one of a similar import and tendency, the said riotous and seditious mob, among whom were you the said Angus Cameron and James Menzies did thereafter compel various persons then present to sign; and did further compel various persons to take and administer to others an oath importing, that they would adhere to the obligation therein contained in particular the said riotous and seditious mob, among whom were you the said Angus Cameron and James Menzies, who took an active share in all the proceedings, did time and place aforesaid, compel the said 66 sir John Menzies, Mr. James Stewart Fleming of Killichassie, Joseph Stewart younger of Foss, William Stewart younger of Gairth, James M'Diarmid, minister at Weem, and Archibald Menzies, minister of Dull, to sign the aforesaid paper or declaration; and did further compel the said Mr. James Stewart Fleming to administer an oath to the said Messrs. Joseph and William Stewart, James M'Diarmid and Archibald Menzies, importing that they would adhere to the obligation extorted from the said sir John Menzies, and signed by them as aforesaid; after all which proceedings you the said Angus Cameron did mount the pillar of the gate at Castle Menzies aforesaid, and did then and there most seditiously and wickedly administer an oath to the people thus riotously assembled, to stand by one another in these their illegal endeavours, to resist the authority of the established law of the country; further the said persons thus riotously and disorderly assembled, among whom were you the said Angus Cameron and James Menzies, did, on the said 4th day of September, 1797, or on one or other of the days of that month, or of the month of August immediately preceding, or of October immediately following, in pursuance of the same wicked and seditious purpose of opposing the public law of the country, proceed to the dwelling-house of Alexander Menzies, at Balfracks, parish of Fortingal and county aforesaid, carrying with them the paper or obligation extorted and signed as aforesaid, and did then and there compel the said Alexander Menzies to sign the same; and William Menzies younger of Balfracks having refused to sign the said paper, he was dragged by the said riotous mob to some distance from his father's house, and was at length compelled to sign the same, but under a certain qualification which he then added, to which, however, you the said Angus Cameron made some objections. Further you the said Angus Cameron and James Menzies or one or other of you, together with the foresaid riotous and disorderly mob, did, on the said 4th day of September, 1797, proceed on towards Ballechin, parish of Logierait and county aforesaid, you the said Angus Cameron riding on horseback before the said mob, and acting as their leader; and an alarm having been given that troops were coming up, you the said Angus Cameron and James Menzies or one or other of you, did then most wickedly and seditiously propose, that the said mob should go to Taymouth and break open the armory there, and also secure some arms which the said persons mentioned were at Glenlyon-house, and Castle Menzies; and you the said Angus Cameron and James Menzies, or one or other of you, did further say that having got possession of these arms, the persons thus assembled and armed, need not be afraid of the troops, as they could retire to the hills in the day, and come down and attack the soldiers at night, thereby exciting and instigating the |