If the authorities hoped to crush the Scottish movement by these severities they were disappointed; for it throve on them. A spy, "J. B.," who regularly supplied Robert Dundas with reports about the Edinburgh club, wrote on 14th September 1793 that the sentence on Palmer had given new life to the Association; for, after a time of decline in the early summer, more than 200 now attended its meetings. On 28th October he stated that nearly all the Scottish clubs had revived. Dunlop, Lord Provost of Glasgow, also declared that discontent made progress every day; that the soldiery were corrupted, and that there was an urgent need of barracks.[300] Indignation also ran high at London. Evan Nepean wrote to Robert Dundas: "There is a devil of a stir here about Muir and Palmer." Braxfield's address to the jury was thus parodied in the "Morning Chronicle" of 4th March 1794:
I am bound by the law, while I sit in this place,
To say in plain terms what I think of this case.
My opinion is this, and you're bound to pursue it,
The defendants are guilty, and I'll make them rue it.
Nevertheless, as another Convention had met at Edinburgh, Robert Dundas wrote to his uncle on 2nd November 1793 strongly deprecating any mitigation of the sentences. It was therefore in vain that the Earl of Lauderdale, Grey, and Sheridan interviewed the Home Secretary and pointed out that the offence of "leasing-making," or verbal sedition, was punishable in Scots law only with banishment, not with forcible detention at the Antipodes.[301] Henry Dundas informed his nephew on 16th November that he would refer the whole question back to the Court of Justiciary, and if it defended the verdict "scientifically" and in full detail, he would "carry the sentence into execution and meet the clamour in Parliament without any kind of dismay."[302] Braxfield and his colleagues defended their conduct in an exhaustive treatise on "leasing-making," which the curious may read in the Home Office Archives.
What was the attitude of Pitt towards these events? Ultimately he was responsible for these unjust and vindictive sentences; and it is a poor excuse to urge that he gave Dundas a free hand in Scottish affairs. Still, it is unquestionable that the initiative lay with the two Dundases. If any Englishman exerted influence on the sentences it was the Lord Chancellor, Loughborough.[303] He treated with contempt the motion of Earl Stanhope on 31st January 1794 for an examination into the case of Muir, when the Earl found himself in the position which he so much coveted—a minority of one. On the cases of Muir and Palmer coming before the Commons (10th March), Pitt upheld the Scottish Court of Justiciary in what was perhaps the worst speech of his whole career. He defended even the careful selection of jurymen hostile to Muir on the curious plea that though they were declared loyalists, yet they might be impartial as jurymen. He further denied that there had been any miscarriage of justice, or that the sentence on the "daring delinquents" needed revision. And these excuses for biassed and vindictive sentences were urged after Fox had uttered a noble and manly plea for justice, not for mercy. Grey bitterly declared that Muir was to be sent for fourteen years to Sydney for the offence of pleading for Reform, which Pitt and the Duke of Richmond advocated twelve years before. They sat in the King's Cabinet: Muir was sent to herd with felons. This taunt flew wide of the mark. Pitt in his motions for Reform had always made it clear that, while desirous of "a moderate and substantial Reform," he utterly repudiated universal suffrage. If those were his views in 1782–5, how could he accept the Radical programme now that it included the absurd demand for annual Parliaments? None the less Pitt was answerable for the action of the Home Minister in referring the sentences back to the judges who inflicted them—a course of conduct at once cowardly and farcical. Pitt's speech also proves him to have known of the irregularities that disgraced the trials. But he, a lawyer, condoned them and applauded the harsh and vindictive sentences. In short, he acted as an alarmist, not as a dispenser of justice.
It is easy for us now to descant on the virtues of moderation. But how many men would have held on an even course when the guillotine worked its fell work in France, when the Goddess of Reason was enthroned in Notre Dame, and when Jacobinism seemed about to sweep over the Continent? Here, as at so many points, France proved to be the worst foe to ordered liberty. Robespierre and Hébert were the men who assured the doom of Muir and Palmer. A trivial incident will suffice to illustrate the alarm of Englishmen at the assembly of a British Convention. In December 1793 Drane, the mayor of Reading, reported to his neighbour Addington (Speaker of the House of Commons) that the "infamous Tom Paine" and a member of the French Convention had been overheard conversing in French in a public-house. Their talk turned on a proposed visit to the British Convention then sitting in Edinburgh. At once Addington sent for a warrant from the Home Office, while the mayor urged his informant to hunt the miscreants down. The machinery of the law was set in motion. A search was instituted; the warrant came down from Whitehall; and not until the sum of fourteen guineas had gone to the informant for his patriotic exertions did the authorities discover that they had been hoaxed.[304]
The Edinburgh Convention, consisting of delegates of forty-five Reform Societies, seems to have pursued dully decorous methods until 6th November, when citizens Hamilton Rowan and Simon Butler came to represent Ireland; Joseph Gerrald and Maurice Margarot were the delegates from the London Corresponding Society; and Sinclair and York from the Society for Constitutional Information which met at the Crown and Anchor. A Convention of English Societies assembled at London about the same time, and deputed the four delegates to join the Edinburgh body and form a British Convention.[305] Accordingly, on 19th November, it took the title, "British Convention of Delegates of the People, associated to obtain Universal Suffrage and Annual Parliaments." The statement of Margarot, that the London police sought to prevent his journey to Edinburgh, should have been a warning to members to measure their words well. Unfortunately, Margarot, a vain hot-headed fellow, at once began to boast of the importance of the Radical Societies; though fluctuating in number, they were numerous in London; there were thirty of them in Norwich; and in the Sheffield district their members numbered 50,000. "If," he added, "we could get a Convention of England and Scotland called, we might represent six or seven hundred thousand males, which is a majority of all the adults of the Kingdom; and the Ministry would not dare to refuse our rights."[306] Butler then declared that Belfast was in a state of veiled rebellion; Gerrald, the ablest and best educated of the delegates, also scoffed at the old party system, and said, "party is ever a bird of prey, and the people their banquet." On 19th November a delegate from Sheffield, M. C. Brown, moved that the next British Convention should meet near the borders of England and Scotland. Thereupon Gerrald proposed that York should be chosen, despite its ecclesiastical surroundings; for (said he), "as the Saviour of the world was often found in the company of sinners, let us go there for the same gracious purpose, to convert to repentance."[307]
All this was but the prelude to more serious work. On 26th–28th November the Convention declared it to be the duty of citizens to resist any law, similar to that lately passed in Dublin, for preventing the assembly of a Convention in Great Britain; and the delegates resolved to prepare to summon a Convention if the following emergencies should arise—an invasion, the landing of Hanoverian troops, the passing of a Convention Act, or the suspension of the Habeas Corpus Act. These defiant resolutions were proposed by Sinclair; and, as he afterwards became a Government informer, they were probably intended to lure the Convention away from its proper business into seditious ways. However that may be, the delegates solemnly assented to these resolutions.
Scotsmen will notice alike with pride and indignation that the delegates of the Societies north of the Tweed adhered to their main purpose, Parliamentary Reform, until, under the lead of the men of London, Sheffield, and Dublin, debates became almost Parisian in vehemence. As reported in the "Edinburgh Gazetteer" of 3rd December, they gave Robert Dundas the wished-for handle of attack. Then and there he decided to disperse the Convention, so he informed Henry Dundas in the following letter of 6th December: "Last Tuesday's '[Edinburgh] Gazetteer,' containing a further account of the proceedings of the Convention appeared to the Solicitor and me so strong that we agreed to take notice of them. The proper warrants were accordingly made, and early yesterday morning put in execution against Margarot, Gerrald, Callender, Skirving, and one or two others, and with such effect that we have secured all their Minutes and papers. Their conduct has excited universal detestation."[308] The expulsion took place quite peaceably. The Lord Provost informed the delegates that it was not their meeting, but their publications, that led him to intervene. The Chairman, Paterson, thereupon "skulked off"; but Brown, the Sheffield delegate, took the chair, and declared that he would not quit it save under compulsion. The Lord Provost and constables then pulled him down; and the meeting was adjourned. Events ran the same course on the morrow, save that the chairman, Gerrald, was allowed to wind up the proceedings with prayer before he was pulled down. Thus ended the first British Convention.
The natural sequel was a trial of the leaders, Sinclair, Margarot, Gerrald, and Skirving. Sinclair turned informer, whereupon his indictment was allowed to lapse. The others were charged with attending the meetings of the Convention which, "under the pretence of procuring a Reform of Parliament, were evidently of a dangerous and destructive tendency," modelled on those of the French Convention and with the like aims in view. The charge was held to be proven, and they were severally sentenced to transportation for fourteen years. The cases aroused keen interest, in part owing to the novel claims put forward by the prosecutor and endorsed by the Judges. The Lord Advocate argued that these men, in claiming to represent a majority of the people, were in reality planning a revolt; and Lord Justice Clerk finally declared that the crime of sedition consisted "in endeavouring to create a dissatisfaction in the country, which nobody can tell where it will end. It will very naturally end in overt rebellion; if it has that tendency, though not in the mind of the parties at the time, yet, if they have been guilty of poisoning the minds of the lieges, I apprehend that that will constitute the crime of sedition to all intents and purposes."[309]