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THE QUEEN against GRANT, RANKEN, AND HAMILTON.

TRIAL OF JOHN GRANT, HENRY RANKEN, AND ROBERT HAMILTON(a) BEFORE THE HIGH COURT OF JUSTICIARY, EDINBURGH, PRESEN r LORD JUSTICE Clerk Hope and LORDS Moncreiff and MedwYN, FOR CONSPIRACY AND SEDITION, NOVEMBER 13TH AND 14TH, 1848. PROCEEDINGS ON MOTION FOR SENTENCE BEFORE LORD JUSTICE CLERK HOPE, AND LORDS MACKENZIE, MONCREIFF, MEDWYN, COCKBURN, AND WOOD, NOVEMBER 18TH AND 25TH, 1848. (Reported in J. Shaw, Justiciary Reports, 17.(b))

Indictment for conspiracy to obtain alterations in the law by force and violence, and for openly and seditiously using language intended and calculated to excite popular disaffection, commotion, and violence, and resistance to lawful authority.

The jury found the pannel John Grant not guilty of sedition, and the pannels Hamilton and Ranken guilty of sedition in so far as that they used language calculated to excite popular disaffection and resistance to lawful authority, and stated that they had purposely omitted the word intended. Verdict as to conspiracy-Not proven.

Sedition-Verdict-Words calculated but not intended to excite, &c.(c)

Held by Lord Justice Clerk and Lords Mackenzie, Moncreiff, Medwyn, and Wood—

That a verdict finding the pannel guilty of the crime of sedition in so far as that he used words calculated to excite popular disaffection, &c., was good, and that it was not necessary for the prosecution to aver or prove that the words were so intended.

By Lord Cockburn, diss.: That the verdict amounted to a verdict of not guilty, as negativing the malus animus, which is a necessary part of the crime of sedition. By Lord Justice Clerk

The crime of sedition consists in wilfully, unlawfully, mischievously, and in violation of the party's allegiance, and in breach of the peace, and to the public danger, uttering language calculated to produce popular disaffection, disloyalty, resistance to lawful authority, or, in more aggravated cases, violence and insurrection, not in the exercise of the right of free discussion for legitimate purposes, but with a wilful recklessness of consequences.

(a) As to this trial see Lord Cockburn's Trials for Sedition in Scotland, vol. 2. c. 24. p. 226. (b) See the remarks of Lord Justice General Inglis on this volume of reports, above, p. 506. (c) Cf. the following English cases as to intention: Rex v. Burdett, 1 St. Tr. N.S. 1, 4 B. & Ald. 95; Rex v. Harvey and Chapman, 2 St. Tr. N.S. 1, 2 B. & C. 257; Reg. v. Lovett, 3 St. Tr. N.S. 1177, 9 C. & P. 461; Reg. v. Burns, 16 Cox C.C. 355 (seditious libels, &c.); Reg. v. Hicklin, L. R. 3 Q.B. 360; Steele v. Brannan, L. R. 7 C.P. 261; Reg. v. Adams, 22 Q.B.D. 66 (obscene libels, &c.); Reg. v. Holbrook, 4 Q.B.D. 42; Reg. v. Labouchere, 12 Q.B.D. 320 (defamatory libels); also, Williams v. Bayley, L. R. 1 H. L. 221, where Lord Westbury said, "If a man does an act which is attended necessarily with an inevitable consequence, he must be taken in law to have foreseen that consequence, and in point of fact to have deliberately intended that it should be the result of his action"; Reg. v. Hill, 8 C. & P. 274; Reg. v. Naylor, L. R. 1 C.C.R. 4; Reg. v. Bishop, 5 Q.B.D. 259.

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body, to be called a National Guard, and to be provided with arms, to be used for the illegal and seditious purpose of effecting, by force and violence, or by armed resistance to lawful authority, the said alterations of the laws and constitution of the realm, or one or more of them; and you did, all and each, or one or more of you, become a member of the said body calling itself the National Guard, knowing the same to be an illegal body, formed for the said illegal and seditious purposes. FURTHER, you the said John Grant, Henry Ranken, and Robert Hamilton did, on or about the 12th day of June 1848, or on one or other of the days of that month, or of May immediately preceding, or of July im mediately following, attend a public meeting of a great number of persons convened and assembled on Bruntsfield Links, near Edinburgh, by or in consequence of a printed placard, headed "Great demonstration of the trades of Edin

John Russell, that the people were not wanting any reform, and to express their determination People's Charter become the law of the land." not to rest satisfied until the principles of the And you, the said John Grant did, then and there, take the chair of, and preside over, the proceedings of the said meeting, and you did, then and there, advise and exhort the persons there convened and assembled as aforesaid to organize themselves into clubs and sections for the more effectual prosecution of the objects of the Chartist body; and you the said Henry Ranken did, then and there, address the said meeting convened and assembled as aforesaid, and you did, then and there, openly and seditiously, move a resolution, in the following or similar terms:

authority, as also sedition, are crimes of an heinous nature, and severely punishable. Yet it is true and of verity, that you the said John Grant, Henry Ranken, and Robert Hamilton are, all and each, or one or more of you, guilty of the crimes above libelled, or one or other of them, actors or actor, or art and part: In so far as, in the months of March, April, May, June, and July 1848, or one or more of them, the particular date being to the prosecutor unknown, and within or near a room or hall in or near Carruber's Close, High Street of Edinburgh, commonly called "Painter's Hall," formerly occupied as a place of meeting by the Edinburgh branch of the National Chartist Association, and within or near the premises in or near the High Street of Edinburgh, now or lately occupied by the publishers of the North British Express newspaper, and within or near the room or hall commonly called the Trades' Hall, in or near Infirmary Street, Edinburgh, and within or near a room or hall in or near Adam Square, Edinburgh and Leith to refute the statement of Lord burgh, and on or near the Calton Hill, Edinburgh, or at one or more of the said places, or at some other place in or near Edinburgh to the prosecutor unknown, you the said John Grant Henry Ranken, and Robert Hamilton did, all and each, or one or more of you, wickedly and feloniously combine or conspire with each other, and with Archibald Walker, now or lately residing in or near Bread Street of Edinburgh; Peter Duncan, a mason, now or lately working at or near Dalkeith, in the county of Edinburgh, now or lately residing in or near Edinburgh; James Cumming, shoemaker, now or lately residing in or near Duncan Street, Drummond Place of Edinburgh; or with one or more of them, and with other persons to the prosecutor unknown, calling themselves Chartists, to effect an alteration of the laws and constitution of the realm, and particularly of the constitution of the Commons' House of Parliament, the qualification for the franchise required by law in the election of members of Parliament, the duration of Parliaments, and other such changes in the laws and constitution of the realm, desired and aimed at by you and your associates, and generally by the persons calling themselves Chartists; and the said alterations of the laws and constitution of the realm, you and your said associates did combine and conspire to effect, not peaceably, lawfully, and loyally, but by force and violence, or by armed resistance to lawful authority; and you the said John Grant, Henry Ranken, and Robert Hamilton did, all and each, or one or more of you, on or about the 25th day of April 1848, or on one or other of the days of that month, or of March immediately preceding, or of May immediately following, and within or near the premises aforesaid, occupied by the publishers of the North British Express, or at one or other of the places above libelled; and again on or about the 28th day of April 1848, or on one or other of the days of that month, or of March "It was a well-known fact that the police, immediately preceding, or of May immediately the special constables, and the military, were following, and within or near the room or hall tainted with the principles of the Chartists situated in Adam Square, aforesaid, or at one but, although these men were true, they or other of the places above libelled, wickedly, would not forget the advance of enlightenfeloniously, and seditiously resolve and agreement among the working classes, that the science to form, or cause and procure to be formed, a of chemistry had entered the workshop, and that

"We, the inhabitants of Edinburgh and Leith, in public meeting assembled, are satisfied of the lamentable ignorance, or wicked, malicious falsehood of Lord John Russell, in stating that the people of this country do not want reform of any sort whatever; and we therefore declare, that it is our intention not to rest satisfied, nor to cease agitating, until the people's Charter is the law of the land, being fully convinced that justice can neither be obtained nor preserved unless the people are put in possession of their rights, which are clearly laid down in that document. We are further resolved to exert ourselves to the utmost of our power to promulgate our principles in every quarter of the land, and thereby create a feeling that will ultimately compel our oppressors to relinquish their grasp, which we are satisfied will be ere long; for we are determined that while there is misery for the inmates of the cottage, there shall be no peace for the inmates of the hall."

And in support of the said resolution, you the said Henry Ranken did, then and there, openly and seditiously, and in presence of the said meeting, say, that

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working men could provide themselves with as deadly weapons as Warner's long range; and if it was to be a struggle for life and death, if it was to be destruction, then you hoped and trusted that the working men would only be true to themselves, and only abstain from all acts of aggression until they were roused by the oppression of their oppressors, and when they began the work, may they do it well."

And you the said Henry Ranken did, then and there, urge and advise the persons convened and assembled as aforesaid at the said meeting, to organize themselves into clubs and sections for the more effectual prosecution of the objects of the Chartist body; and you did, further, openly and seditiously, and in presence of the said meeting, say

"If the leaders of the people are to be incarcerated, if the people are to suffer this tamely, if those who have an interest in keeping you down feel that you will quietly submit, then they are secure; but if the working men look to themselves, and if they look to those who place themselves in the front of the fray, if they look to those who are willing to brave every danger, then I say the working men ought to consider what means should be taken to protect these men. Let the property of the country be hostages in the hands of the people for the safety of the leaders of the people"; and again you did further say, "It has been said that the French are inventive, but that the British have this faculty, that upon all the French inventions they improve. Should the authorities drive the people into a revolution, then I hope the people will improve upon the French invention of a republic

; or

you did, on the occasion above libelled, use words of the import and effect above set forth. And you the said Robert Hamilton did, time and place last above libelled, address the said meeting, and you did, then and there, openly and seditiously, and in the presence of the said meeting, urge and advise the persons then and there convened and assembled as aforesaid," to organize themselves into clubs and sections, and to provide themselves with guns and bayonets," in order to carry into effect the said objects of yourself and your associates ; and you did then and there say, "For the love of God prepare yourselves with guns and bayonets, as the day is not far distant when you may require them"; or you did, then and there, use words of the import and effect above set forth. And you the said John Grant did, then and there, as chairman of the said meeting, sanction the said resolution, and put the same to the meeting, and did declare it to be passed or adopted; and you did, as chairman aforesaid, hear, permit, and sanction the seditious speeches above libelled of the said Henry Ranken and Robert Hamilton, and you did not call them to order, or stop or attempt to stop them, or express any dissent from, or disapprobation of, the said speeches; and your conduct and speech as aforesaid in the chair of the said meeting were seditious, and were intended and calculated to excite popular disaffection, commotion, and violence, and resistance to lawful authority. Further, on or about the 19th of June 1848, or on one or other of the days of that month, or of May immediately preceding, or of July imme

diately following, and within or near Waterloo Rooms, near the Regent Bridge, Edinburgh, you the said Henry Ranken did openly and seditiously, and in the presence of a large number of persons, all or many of them calling themselves Chartists, then and there assembled, urge and recommend the meeting to "organize into clubs and sections," for the more effectual prosecution of the objects of the Chartist body, and "to provide themselves with arms in case they might require to use them"; or you did then and there use words of the import and effect above set forth. Further, on or about the 24th day of July 1848, or on one or other of the days of that month, or of June immediately preceding, or of August immediately following, and on or near the Calton Hill, Edinburgh, you the said Henry Ranken and Robert Hamilton did, both and each, or one or other of you, attend a public meeting of persons then and there convened and assembled; and you the said Henry Ranken did then and there address the said meeting, and you did then and there openly and seditiously, and in presence of the said meeting, say, in reference to the illegal and criminal proceedings of certain evil-disposed persons in Ireland, that you considered that "the people of Ireland were justified in their determination to resist to the death the oligarchy who ruled them," and you did express your hope or prayer that "the God of battles would smile on the oppressed, and enable them to improve the victory they were sure to win"; and you the said Henry Ranken did further, then and there, say that, "If the power of Great Britain was brought to bear against the people of Ireland, then the people of Scotland must endeavour to distract the attention of the Government"; and you did, then and there, recommend the organization of clubs and sections, for the more effectual prosecution of the objects of the Chartist body, and you did state that certain clubs had been already formed in Edinburgh, for the promotion of the objects desired by the Chartist body, and you did name certain of these clubs, as the "Washington Club," the " Mitchel Club," the " Faugh-a-Ballagh Club," the " Muir Club," the " Wallace Club," the "Willliam Tell Club," and others; and you did urge the meeting to join one or other of the said clubs, or you did, then and there, use language of the import and effect above set forth. And you the said Robert Hamilton did, time and place last above libelled, address the said meeting, and you did, then and there, openly and seditiously, and in the presence of the said meeting, say, that the Irish people would require help, that pikes were easily made, and that the young and spirited men of Scotland should go to Ireland and help the Irish people; and that at one time you would have been satisfied with the Charter as the law of the land, but that now you would accept of nothing else than a republic, and that they would soon obtain one, or you did, then and there, use words of the im. port and effect above set forth; and the whole or part of the language above set forth as used by you the said John Grant, Henry Ranken, and Robert Hamilton, respectively, as above libelled, was intended and calculated to excite popular disaffection, commotion, and violence, and resistance to lawful authority.

Peter Anderson-Examined by the

Lord Advocate.

Ex-Secretary of the Edinburgh Chartist Association. Joined it about the 9th or 10th of March. Kept a minute book and a roll of members. There was a committee. All the pannels at the bar were members of the committee. James Cumming, Archibald Walker, Peter Duncan, and John Ekings were also members.

What were the objects of this Association? To secure, by Act of Parliament, certain particular privileges, such as Universal Suffrage, Vote by Ballot, Annual Parliaments, No Property Qualification, Payment of Members, and Equal Electoral Districts.

Commonly called the six points of the Charter ?-Yes.

Do you know that there was a National Convention held in London ?—Yes.

Your Association sent members to attend it? No. A public meeting was held in Edinburgh, from which delegates were

sent.

Did you see Ranken elected?—Yes. He went to London to the Convention.

Was your Association a branch of the National Association P-No. It was understood not to be a branch of the National Association, but merely a number of individuals acting in a certain district. I was only at one meeting of the Association. They held their meetings only once a quarter. The meeting which I attended was held in the Express office, High Street, in the beginning of March. The committee usually meet there. There was a meeting of the committee on the 25th of April.

Previously to the 25th of April, at any meeting of the Chartists, did you hear any proposal about arms?-I heard no proposition about arms in the committee. There was a public meeting, where a person of the name of Mackay, called the Brigadier-General, spoke about arms. I could not say whether he was a member of the Association or not. I first heard Mackay speak about arms in Adam Square Hall. I cannot tell the date, but it was between the time I joined and the time I left.

Did you ever hear any motion of the kind at any meeting of the Chartist Association ?---Not to procure arms.

At the meeting of April 25th, was there a motion for the formation of a National Guard ?-Yes, but the motion did not appear to satisfy the committee, and it was ultimately resolved and carried to call a public meeting to consider the propriety of forming a National Guard. The prisoners were present at that meeting. Ekings and Walker were there.

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Who made the motion for calling the public meeting to consider the propriety of forming a National Guard?-John Grant, but it was not satisfactory to the committee, scarcely a formal motion was made; a conversation took place, and Ranken seemed to put off the consideration of the matter, and suggested the calling of a public meeting to consider it. He considered the motion too important to be disposed of by a mere committee. Grant abandoned his motion, and the meeting finally resolved to call a public meeting for its consideration.

Did you express any opinion ?-Not at the time of the conversation; but on the question being put for and against it, I voted against it. No one else voted with me. I left the room. I resigned my office in consequence of the motion being carried. I never afterwards acted as secretary. A public meeting was called, but whether in consequence of this resolu tion or not I do not know, for on the 28th of April it was held in Adam Square Hall. I saw placards the day after the resolution, stating that the meeting was to consider the propriety of forming a National Guard. I understood from the placards that it was open to me to oppose the formation of a National Guard, or I would not have attended the meeting.

Who made the motion for the formation of the National Guard?-Mackay, the person called the. Brigadier-General. His motion was to raise 1,600 men, partly musket-men and partly lancers. A person of the name of Alexander Macdonald seconded the motion. I spoke. Gray was in the chair at the time I spoke.

What was the object of your speech ?A direct negative to the motion. I was against the formation of a National Guard, and against any army. My speech was very badly received. They hooted and yelled, and put me down. A person of the name of John Cormack Auld spoke and supported me. He was worse received than I was. Robert Hamilton spoke. I do not recollect all his speech. I understood him to speak in favour of the motion. He complained of my speech; he said it put them in an awkward position. I do not recollect the explanation he made. There were several speakers after that, and the motion was put by Walker from the chair, and carried by a large majority.

By the Court: What might be the number that attended ?-Six or seven hundred.

Lord Advocate: Did you then leave the meeting?—I did.

Do you know anything of a pamphlet, said to be written by Mackay, about drilling ?-I think a letter was sent by Mackay to the Express Office, requesting

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aid to publish the pamphlet. The committee refused to read the pamphlet. It was not printed then.

Was it to teach the use of arms and drilling?-I could not tell; it was about every man being his own drill-serjeant, or something of that sort.

Is that the pamphlet? (producing same). Logan objected on behalf of the pannels, that before this could be done, the Crown must prove that the prisoners were present on the occasion referred to.

The Court held, that as the object was to prove publication of a pamphlet under the sanction of an association, of which the prisoners had been shown to be members, the evidence could not be objected to at that stage of the proceedings. It would be open to the prisoners to show that it had no application as against them, by proving that they were not concerned in it.

Witness: I never saw the pamphlet

before.

Lord Advocate: Upon what grounds did the speakers put the formation of the Guard ?-Mackay spoke of the importance and benefit of liberty, and said he was ready to die for it, and quoted some poetry connected with liberty, and rhodomontade of that sort, and ended with a motion

that did not appear to have any connexion with his speech. He did not state distinctly what the object of the Guard

was.

Did he avow its object at all ?--I do not think he did; or, at any rate, it was so vague that I could not tell what it was; he spoke something about protecting the metropolis from foreign invasion and domestic anarchy.

Did he say anything about protecting the meetings?--I do not recollect any thing about that.

Did any other person speak distinctly about it P-No; Macdonald was still more obscure. I spoke distinctly as to opposing the motion, whatever was its object. Hamilton was the only one of the pannels whom I observed present at the meeting.

I attended another meeting on the 19th of June in the Waterloo Rooms. I saw Ranken there, but I do not recollect any of the others. I think Hamilton and Grant were not present. Ranken did not speak during the time I was there. I was only a short time there.

Cross-examined by Moncreiff.

You spoke about Brigadier General whether Ranken concurred in the opinion Mackay and Ranken. Do you know of the brigadier?-I know he did not.

Did you ever hear him express his disagreement ?-Yes.

Was Ranken, in your opinion, a moral force Chartist ?-I always understood so.

By the Court: What do you mean by that ?-An individual opposed to using anything except persuasion and argument for obtaining a public object.

of April, was it your impression that Moncreif: At this meeting of the 25th Ranken wished to put off the consideration of this matter of the formation of the National Guard ?—It was. I always understood him to be opposed to it. I expected him to have assisted me in putting a stop to the forming of a National he was quite opposed to Mackay, the Guard when I opposed it. I know that prime mover of it.

When the motion was made at this

meeting of the 25th, to resolve to have a National Guard, was it your impression that he wanted to put off the thing? The motion was made by Grant, which did not seem to be satisfactory to the company, and Ranken made the other. motion; he suggested the calling of a public meeting to consider it, and Grant seemed to acquiesce in it, for there were not two motions put.

Did you leave the room before any arrangement was made about calling the public meeting?-I did.

ceived from Mackay at the Express Do you remember the letter being reoffice ?-I do. Ranken stated he sus

pected it was from Mackay, and objected to the reading of it.

the reading of it ?-He objected to the Did you understand why he objected to reading of it because he disapproved of its object, as Mackay before that had been talking of the formation of a National Guard.

Cross-examined by Logan.

Do you remember a meeting in Richmond Street Chapel, about the 1st of June, to receive the report of the delegates from London ?-I do. Mackay was there. I do not recollect if Hamilton was there.

Do you know that any clubs were Do you remember anything passing beformed in consequence of the resolution tween Mackay and Hamilton?-I underadopted at the meeting of 28th April ?-stood that there was a row between them. I think there was some talk of them I was not present at the time. before that.

Tell me the names of those clubs ?-I have heard of the Muir Club, the Gerald Club, the Mitchel Club, and the Washington Club.

Neither Grant nor Ranken were present at the meeting on April 28th P-No, not so far as I know. I expected them to be there. The committee seemed to be absent entirely.

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