ditary powers, does not present itself as despotism on the first reflection; but if men will permit a second reflection to take place, and carry that reflection forward but one remove out of their own persons to that of their offspring, they will then see that hereditary succession becomes in its consequences the same despotism to others, which they reprobate it for themselves. (Page 86.) "It operates to preclude the consent of the succeeding generation; and the preclusion of consent is despotism. When the person who at any time shall be in possession of a government, or those who stand in succession to him, shall say to a nation, I hold this power in contempt of you, it signifies not upon what authority he pretends to say it. It is no relief, but an aggravation, to a person in slavery to reflect that he was sold by his parent; and as that which heightens the criminality of an act cannot be produced to prove the legality of it, hereditary succession cannot be established as a legal thing, (Part 2. p. 30.) "All hereditary government is in its nature tyranny. An heritable crown, or an heritable throne, or by what other fanciful name such things may be called, have no other significant explanation than that mankind are heritable property. To inherit a government is to inherit the people as if they were flocks and herds. (Page 63.) "Monarchy would not have continued so many ages in the world, had it not been for the abuses it protects. It is the master fraud which shelters all others, by admitting a participation of the spoil it makes itself friends; and when it ceases to do this, it will cease to be the idol of courtiers (Page 51.) "The act called the Bill of Rights comes here into view; what is it but a bargain which the parts of the government made with each other, to divide powers, profits, and privileges? You shall have so much, and I will have the rest; and with respect to the nation, it said, for your share you shall have the right of petitioning. This being the case, the Bill of Rights is more properly a bill of wrongs and of insult. As to what is called the Convention Parliament, it was a thing that made itself, and then made the authority by which it acted. A few persons got together, and called themselves by that name. Several of * These are some of the passages on which the information against Paine was founded; see his case, ante, Vol. 22, p. 407, et seq. them had never been elected, and none of them for the purpose.-From the time of William, a species of government arose, issuing out of this coalition bill of rights, and more so since the corruption introduced at the Hanover succession by the agency of Walpole, that can be described by no other name than despotic legislation. Though the parts may embarrass each other, the whole has no bounds; and the only right it acknowledges out of itself is the right of petitioning. Where, then, is the constitution either that gives or that restrains power? It is not because a part of the government is elective that makes it less a despotism, if the persons so elected possess afterwards, as a parliament, unlimited powers; election, in this case, becomes separated from representation; and the candidates are candidates for despotism.* (Page 58.) "With respect to the two Houses of which the English parliament is composed they appear to be cffectually influenced into one, and, as a legislature, to have no temper of its own. The minister, whoever he at any time may be, touches it as with an opium wand, and it sleeps obcdience. But, if we look at the distinct abilities of the two Houses, the difference will appear so great as to show the inconsistency of placing power where there can be no certainty of the judgment to use it. Wretched as the state of representation is in England, it is manhood compared with what is called the House of Lords; and so little is this nickname House regarded, that the people scarcely inquire at any time what it is doing. It appears also to be most under influence, and the farthest removed from the general interest of the nation.* (Page. 88.) "Having thus glanced at some of the defects of the two Houses of Parliament, I proceed to what is called the Crown, upon which I shall be very concise. It signifies a nominal office of a million sterling a year, the business of which consists in receiving the money; whether the person be wise or foolish, sane or insane, a native or a foreigner, matters not. Every ministry acts upon the same idea that Mr. Burke writes, namely, that the people must be hoodwinked, and held in superstitious ignorance by some bugbear or other; and what is called the Crown answers this purpose; and therefore answers all the purposes to be expected from it. This is more than can be said of the other two branches. The hazard to which this office is exposed in all countries, is not from any thing that can happen to the man, but from what may happen to the nation-the danger of its coming to its senses.* (Page 125.) "The fraud, byprocrisy, and imposition of government are now beginning to be too well understood to promise them any long career. The farce of monarchy and aristocracy in all countries is following that of chivalry; and Mr. Burke is dressing for the funeral. Let it then pass quietly to the tomb of all other follies, and the mourners be comforted. The time is not very distant when England will laugh at itself for sending to Holland, Hanover, Zell, or Brunswick, for men at the expense of a million a year, who understood neither her laws, her language, nor her interest, and whose capacities would scarcely have fitted them for the office of a parish constable. If government could be trusted to such hands, it must be some easy and simple thing indeed; and materials fit for all the purposes may be found in every town and village in England.* ber 23d, 1792 (No. 730):" being all to be used in evidence against the said James Smith and John Mennons respectively upon their trial, will, for that purpose, in due time, be lodged in the hands of the clerk of the high court of justiciary, before which they are to be tried, that they may have an opportunity of seeing the same. At least, times and places aforesaid, the said seditious paper or writing was wickedly and feloniously composed, written, printed and published, and an approbation of the seditious and inflammatory writings of the above-mentioned Thomas Paine was publicly expressed, and the practical use of them expressly recommended to the community: And the said James Smith and John Mennons are both and each, or one or other of them, guilty actors, or art and part thereof. All which, or part thereof, being found proved 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 fourth day of February next, the said James Smith and John Mennons ought to be punished with the pains of law, to deter others from committing the like crimes in all time coming. And James Smith, gunsmith in Gorbals of Glasgow, likewise indicted in the said criminal letters being ofttimes called in court, and three times at the door of the court house, by a macer of court as use is, he failed to appear: whereupon his majesty's advocate moved, that sentence of fugitation and outlawry, might be pronounced against him. (Part 2nd, Page 68.) "From a small spark kindled in America, a flame has risen not to be extinguished; without consuming, like the ultima ratio regum, it winds its progress from nation to nation, and conquers by a silent opera tion. Man finds himself changed, he scarcely perceives how. He acquires a knowledge of his rights, by attending justly to his interest; and discovers, in the event, that the strength and powers of despotism consist wholly in the fear of resisting it; and that, in order to be free, it is suficient that he wills it. (Part 1st, Page. 106). "When we survey the wretched condition of man under the monarchical and hereditary system of government, drag-posed of as the court shall direct. ged from his home by one power, or driven by another, impoverished by taxes more than by enemies, it becomes evident that those systems are bad, and that a general revolution in the principle and construction of governments is necessary." The lord justice clerk and lords commissioners of justiciary decern and adjudge the said James Smith to be an outlaw and 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 specified in the said criminal letters, as he who was lawfully cited to that effect ofttimes called in court and three times at the door of the court house, and failing to appear as said is; and ordain the bail bond granted for his appearance to be forfeited, and the penalty therein contained to be recovered by the clerk of this court to be dis As also other passages, of a tendency equally seditious and inflammatory, together with the newspaper called "the Glasgow Advertiser and Evening Intelligencer, from Monday, November 19th, to Friday Novem (Signed) ROBERT M'QUEEN, L. P. D. Thereafter his majesty's advocate represented that it was his wish that the panel and Smith, the person now fugitated should stand trial together, and as there was still a prospect of apprehending Smith and bringing him to trial, he would move their lordships for night.-Continued till Monday the 18th Feban adjournment against the panel for a fort ruary instant. No further procedure took place, 591. Proceedings before the High Court of Justiciary at Edinburgh, on an Information exhibited by the Lord Advocate of Scotland, against Captain WILLIAM JOHNSTON, charging him with a Contempt of the said Court, January 25th, 29th, 31st, February 12th, 14th, 15th, 19th, 23rd: 33 GEORGE III. A. D. 1793. Curia Justiciaria S. D. N. Regis, tenta in Nova Sessionis domo de Edinburgh, vicessimo quinto die Januarii, 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 Dunsinan, baronetum, et Alexandrum Abercromby de Abercromby, Dominos Commissionarios Justiciariæ dicti S. D. N. Regis. high court, to which he considered it his duty to call the particular attention of their lordships. That the account given of the said trial, was not only partial, untrue, and unjust, but by imputing partiality and injustice to the Court, in the conduct of that trial, as well as from other circumstances appearing in the paper itself, a copy of which was produced, was clearly and evidently calculated to lessen the regard which the people of this country owe to the supreme criminal court; and appeared to him in its whole tendency to afford a precedent highly dangerous to the constitution of this country. That considering this account as a high indignity offered to the Court, and as an imputation upon the verre-dict of the jury, he felt it peculiarly his duty to call their lordships attention to it.And as William Johnston, esq. appeared, from the paper now produced, to be the publisher and in the printed proposals also produced, published in September last, bearing his sig Curia legitimè affirmata. THE which day his Majesty's advocate presented that there had appeared in an Edinburgh newspaper intituled "The Edinburgh Gazetteer," dated the 15th current, an account of the trial of Morton, Anderson, and Craig, lately tried and convicted, before this * The following was the account of the trial of Morton, Anderson, and Craig, inserted in the Gazetteer of January 15th, which gave rise to these proceedings. "HIGH COURT OF JUSTICIARY. cedence of a' ranks but the blood-royal. What mair equality wad they hae? If they hae ability, low birth is not against them. But that they hae a right to a representation in parliament, I deny: the landed interest alone should be represented in parliament, for they only hae an interest in the country. In God's name let them gang. I wish them not to stay; but I deny they hae a right to representation in parliament. I also maintain that the landed interest pay all the taxes. The shoon, I allow, are dearer by almost a half than I remember them, owing to the additional taxes on leather, which the exigencies of the state "The Lord Justice Clerk, previous to the examination of the witnesses, made many observations on the excellence of the British constitution. He observed, in a most eloquent speech, that his conscience disapproved of French reformation, as they are a nation of 'Atheists; and I wish that we could avoid the danger of their principles. They deny their dependance on the great God of Pro'vidence in whose sight we are mere mush-requires; but it was not the mechanic nor rooms. Our blasphemies can do na harm 'to him who is all powerful; he looks on us as beneath him.-But to blaspheme against his most gracious majesty; what impiety! 'when under his government we enjoy sae 'mony blessings. The reformers talk of liberty and equality, this they hae in every thing consistent wi' their happiness, and equality also. However low born a man may be, yet his abilities may raise him to 'the highest honours of the state. He may rise to be a lord chancellor, the head of the law; he may rise to be archbishop of Canterbury, the head of the kirk; and tak pre the labourer that paid the tax, but the pro'prietor of the land; for I remember when I could pay a labourer with half the sum which I now doe. He was therefore of 'opinion that the present constitution was the best that ever existed.' "The first witness examined on the part of the prosecutor, was corporal Home; he deponed that he was sitting in the outer hall, from king James's room, in company with other soldiers when Thomas Hucster, along with J. Anderson, one of the panels called for him to join their company; when he went into the room, Anderson took him by the 45] for Contempt of Court. nature, and dated from his dwelling house, North Frederick-street, avowed himself to be both the principal proprietor and conductor of the above newspaper, then about to be published;-he submitted that, agreeably to the practice observed in similar cases, their lordships would take into their immediate and serious consideration, a matter which in his apprehension concerned their own authority, and the general welfare of the country. his dwelling house, by a macer of court for that Curia, &c., 29th January, 1793. The macer reported an execution of the Mr. Alexander Wight, advocate, as counsel for Mr. Johnston, represented that he was confined to his house, and to a dark room, on occasion of a severe inflammation in one of his eyes, and had beer so since the beginning of this month, by reason of which, he could not go out without danger; for evidence of which the corporal by the hand, and called him a The lord justice clerk and lords commissioners of justiciary, having considered what is before represented, and the dangerous consequences of such publications, do order and appoint William Johnston, publisher of the said newspaper intituled "the Edinburgh Gazetteer" to sist himself personally in court, within the New Session house of Edinburgh, upon Tuesday the 29th day of January instant at two o'clock afternoon, to answer for his conduct, with certification; and ordain this order to be intimated to him personally, or at hand, called him a brave fine fellow; said he-Grierson swore, that it was him who took should join their club for freedom and liberty, and that his pay should be 1s. or 1s. 6d. per day, which was better than 6d.; that Anderson also took money out of his pocket, which he held in his hand, offering him, which he refused to receive. He then heard Anderson give, the toast of George III. and last,' and Morton added damnation to all crowned heads,' that he took the pot and drank, 'God bless the king and royal family,' when Anderson gave him a blow, which he endeavoured to return, but could not reach him across the table; That he then went out to the commanding officer and received an order to shut the barrier gate, and keep the whole company prisoners, till sir C. Ross should return to the garrison. That after receiving the order, he returned to the canteen, when M. Craig threw the pot at him, which struck against the wall, and broke in pieces, 6 "Several other soldiers swore to some of the above circumstances; but, differing in particulars. Home positively swore there were no other soldiers in the room with him. "Smith deponed he was in the room with him along with the soldiers.-Stronach swore, that Anderson laid money on the table, and that Craig struck Hucster. Captain Cameron deponed, that Home came to him and said he had been ill used by some townsmen in the lower canteen; that one of them had struck him a blow, but that he had knocked him down; and he wished, to have an order to keep them prisoners. The captain, who is a gentleman of consummate professional abilities, gave this order, but desired the soldiers to use them with civility, till sir Charles Ross should return to the Castle. "The witnesses for the panel all swore, that no such toasts were given; some of them never heard an expression of disloyalty. "Knowles deponed, that he broke the handle of the pot, in going round the table, and "The landlord also swore, that the pot, threw the rest of it down, as he had paid for it. when broke fell at his feet, and that he was standing betwixt him and the panels, and could not see by whom it was thrown down, "Thompson, another witness, swore also, as he was standing with his back to them. that Knowles broke the pot, throwing it into a jar-hole. "We forbear making any comment on this evidence. We only remark, that it is a pity about fourteen years of age, should have been any boy, who by his own account was only received as evidence on such an interesting trial; or that any officer should converse with the witnesses, while in court. One of them placing himself exactly opposite to the evidence, could not, in our apprehension, be altogether justifiable; for, though we are such conduct might have a tendency to infully convinced of the corporal's rectitude, fluence the minds of soldiers.". "One of the prisoners., M. Craig, is so dangerously ill that his life is despaired of." "The great pressure of interesting matter prevents us from fulfilling altogether our promise in our last, in giving to the public the full trial of the three printers; but we have lead the public to form a correct judgment of given such parts of it, as will, in our opinion, this interesting business." The trial of Morton, Anderson, and Craig, is reported in this Volume, p. 7. GEORGE III produced a certificate on soul and conscience, under the hands of a surgeon and physician, which certificate, with the execution of service, were read in open court. The lords commissioners of justiciary, nience betwixt and said time to take such in- ALEX. MURRAY, I. P. D. Curia, &c., 31st January, 1793. The order of Court at last diet being read over, his majesty's, advocate represented, that the gentlemen appointed to visit the beforementioned William Johnston were in attendance, and they being called, appeared and deponed as follows: court; and being interrogated, whether or not life by being brought to the bar of this high said William Johnston would incur any brought to the bar of this court, depones, risk or hazard of losing his eye, by being that he cannot give a precise answer to this question; that exposure to the light might aggravate the inflammation in said William Johnston's eye, and if it did so he cannot say what might be the consequence of that: and being interrogated, whether he thought the said William Johnston in the way of recovery, depones, that he did not hear the circumstances of said William Johnston's case so minutely described, as to be able to form a precise judgment with respect to his recovery; but from what the deponent observed, he rather thought that said William Johnston's eye was in the way of recovery. Depones, that he cannot say when the inflammation of his eye will be gone, causa scientiæ patet, and this is truth as he shall answer to God. (Signed) JAMES HAMILTON, being solemnly sworn and interrogated, deMr. Alexander Wood, surgeon in Edinburgh, Hamilton in all things, with this variation: pones and concurs with the said doctor James That he thinks he was told by William Johnston himself, that his eye had been worse two days before, than it was when the deponent examined it. That it seemed to be a very it might turn worse to day; as there is no sore eye, and the deponent does not know but saying what turns such disorders may take, which is truth as he shall answer to God. (Signed) ALEX. WOOD, ALEX. MURRAY, I. P. D. ALEX. MURRAY, I. P. D. being solemnly sworn and interrogated, deMr. Benjamin Bell, surgeon in Edinburgh, pones and concurs with the said doctor James variations: That besides the inflammation in said Johnston's left eye, the deponent also Hamilton in all things with the following observed, that the eye-lid thereof was swelled. the way of his profession. That an operation occasion to attend said William Johnston in That from what he then observed of the state was then performed on the said William Johnof said eye, compared with what he remarked ston's eye by scarifying it round the eye-ball. said eye is considerably better, and that it is yesterday, the deponent is of opinion that truth as he shall answer to God. most likely, that said eye will be free of inflammation in six or seven days, all which is (Signed) BENJ. BELL, Compeared, doctor James Hamilton, physician in Edinburgh, and one of the physicians to the Royal Infirmary of Edinburgh, who being solemnly sworn and interrogated, depones, That in consequence of the appoint ment of the Court, the deponent, alongst with doctor Alexander Monro, professor of anatomy, Messrs. Alexander Wood, and Ben-Depones, that about a fortnight ago, he had jamin Bell, surgeons in Edinburgh, proceeded to the house of the person described to them by a macer of court who attended them, "William Johnston, esquire," which house is in North Frederick-street, Newtown; that they did so yesterday at eleven o'clock forenoon, and then and there inspected the person, and examined the state of health of the said William Johnston. William Johnston complained of an inflammaThat said tion in his left eye, of a headache, and he peared languid. That the deponent_examined the left eye of the said William Johnston, and it appeared to be inflamed. That the deponent did not observe any other symptom of disease or disorder about the said William Johnston, except the inflammation in his left eye, and languid look. Depones, that he is of opinion, that the said William Johnston would incur no hazard or danger of his ap ALEX. MURRAY, I. P. D. having taken into consideration the foregoing The lords commissioners of justiciary, depositions, they renew the order of court for the attendance of the said William Johnston to Tuesday the 12th day of February next, upon which day the said lords ordain the said William Johnston to sist himself at the |