There is no person in a Scots country town to be compared with a Bailie for authority and dignity, and Bailie MacConachie, of Muirtown, was a glory to his order. Provosts might come and go—creatures of three years—but this man remained in office for ever, and so towered above his brethren of the same kind, that the definite article was attached to his title, and to quote "the Bailie" without his name was the recognised form and an end to all controversy. Nature had been kind to him, and, entering into the designs of Providence, had given him a bodily appearance corresponding to his judicial position. He stood six feet in his boots, and his erect carriage conveyed the impression of six inches more. His waistband passed forty-eight inches; but, to do the great man justice, his chest measure was forty-two. His chin rested in folds upon his stock, and his broad, clean-shaven, solemn, immovable countenance suggested unfathomable depths of wisdom. His voice was deep and husky, and the clearance of his throat with which he emphasised his deliverances could be heard half a street away and was like the sealing of a legal deed. Never since he became a Bailie had he seen his boots—at least upon his feet—and his gait, as became his elevation, was a stately amble, as when a huge merchant-man puts out to sea, driving the water before her bow and yet swaying gently from side to side in her progress. Sunday and Saturday—except when officiating at the Sacrament, and of course he was then in full blacks—the Bailie wore exactly the same kind of dress—a black frock-coat, close buttoned, and grey trousers, with a dark blue stock, his one concession to colour. As his position was quite assured, being, in the opinion of many, second only to that of the Sheriff and the Fiscal, he could afford to wear his clothes to the bone, and even to carry one or two stains upon his paunch as a means of identification. Walking through the town, he stood at his full height, with his hands folded upon the third button of his coat; but when he reached the North Meadow, on his way home, and passed the Seminary, he allowed his head to droop, and clasped his hands behind after the manner of the great Napoleon, and then it was understood that the Bailie's mind was wrestling with the affairs of State. People made way for him upon the streets as he sailed along, and were pleased with a recognition, which always took the form of a judgment from the Bench, even though it dealt only with the weather or the crops.
There was no occasion, either in the Council or in the Presbytery, when the Bailie did not impress; but every one agreed that he rose to his height on the Bench. No surprise, either of evidence or of law, could be sprung on him, no sensational incident ever stirred him, no excitement of the people ever carried him away. He was the terror of the publicans, and would refuse a license if he saw fit without any fear; but if the teetotalers tried to dictate to him, he would turn upon them and rend his own friends without mercy. When any Muirtown sinner was convicted in his court he would preface his sentence with a ponderous exhortation, and if the evidence were not sufficient he would allow the accused to go as an act of grace, but warn him never to appear again, lest a worse thing should befall him. There are profane people in every community, and there were those in Muirtown who used to say in private places that the Bailie was only a big drum, full of emptiness and sound; but the local lawyers found it best to treat him with respect; and until the Seminary boys took his Majesty in hand he had never been worsted. No doubt an Edinburgh advocate, who had been imported into a petty case to browbeat the local Bench, thought he had the Bailie on the hip when that eminent man, growing weary of continual allusions to "the defunct," said that if he heard anything more about "the defunct" he would adjourn the case for a week, and allow him to appear in his own interests. Then the advocate explained with elaborate politeness that he was afraid that even the summons of the Muirtown Bench could not produce this party, and that his appearance, if he came, might secure the court to himself.
"You mean," said the Bailie, eyeing the advocate with unmoved dignity, "that the man is dead. Quite so! Quite so! But let me tell you that if you had been a Muirtown solicitor you would have had your case better prepared, and not wasted our time with the talk of dead people. You are still young, and when you have had more experience you will know that it is only the evidence of living witnesses that can be received in a court of justice. Proceed with your case and confine yourself to relevant evidence—yes, sir, relevant evidence."
It only shows the inherent greatness of the man, that in private life the Bailie followed the calling of an Italian warehouseman, which really, in plain words, was the same thing as a superior grocer, nor was he above his trade for eight hours of the day. When not engaged in official work, he could be found behind his counter, and yet even there he seemed to be upon the Bench. His white apron he wore as a robe of office, he heard what the ladies had to say with a judicial air, correcting them if they hinted at any tea costing less than four and sixpence per pound, commanding a cheese to be brought forward for inspection, as if it had been a prisoner in the dock, probing it with searching severity and giving a judgment upon it from which there was no appeal. He distinguished between customers, assigning to each such provisions as were suitable for their several homes, inquiring in a paternal manner after the welfare of their children, and when the case was concluded—that is to say, the tea and the sugar bought—even condescending to a certain high level of local gossip. When the customer left the shop it was with a sense of privilege, as if one had been called up for a little to sit with the judge. It was understood that only people of a certain standing were included among the Bailie's customers, and the sight of the Countess of Kilspindie's carriage at his door marked out his province of business. Yet if a little lassie stumbled into the shop and asked for a pennyworth of peppermints, he would order her to be served, adding a peppermint or two more, and some good advice which sent away the little woman much impressed; for though the Bailie committed one big, blazing indiscretion, and suffered terribly in consequence thereof, he was a good and honest man.
The Bailie made only one public mistake in his life, but it was on the largest scale, and every one wondered that a man so sagacious should have deliberately entered into a feud with the boys of the Seminary. The Bailie had battled in turn with the Licensed Victuallers, who as a fighting body are not to be despised, and with the Teetotalers, whom every wise man who loves peace of mind leaves alone; with the Tories, who were his opponents, and with the Liberals, his own party, when he happened to disagree with them; with the Town Council, whom he vanquished, and with the Salmon Fishery Board, whom he brought to terms; but all those battles were as nothing to a campaign with the boys. There is all the difference in the world between a war with regulars, conducted according to the rules of military science, and a series of guerilla skirmishes, wherein all the chances are with the alert and light-armed enemy. Any personage who goes to war with boys is bound to be beaten, for he may threaten and attack, but he can hardly ever hurt them, and never possibly can conquer them; and they will buzz round him like wasps, will sting him and then be off, will put him to shame before the public, will tease him on his most sensitive side, will lie in wait for him in unexpected places with an ingenuity and a perseverance and a mercilessness which are born of the Devil, who in such matters is the unfailing ally of all genuine boys.
It was no doubt annoying to a person of the Bailie's dignity and orderliness to see the terrace in which the Seminary stood, and which had the honour of containing his residence, turned into a playground, and outrageous that Jock Howieson, playing rounders in front of a magistrate's residence, should send the ball crack through the plate-glass window of a magistrate's dining-room. It was fearsome conduct on the part of Jock, and even the ball itself should have known better; but the Bailie might have been certain that Jock did not intend to lose his ball and his game also, and the maddest thing the magistrate could do was to make that ball a cause of war. It was easy enough to go to Bulldog's class-room and lodge a complaint, but as he could not identify the culprit, and no one would tell on Jock, the Bailie departed worsted, and the address which he gave the boys was received with derision. When he turned from the boys to the master, he fared no better, for Bulldog who hated tell-tales and had no particular respect for Bailies, told the great man plainly that his (Bulldog's) jurisdiction ceased at the outer door of the Seminary, and that it was not his business to keep order in the Terrace. Even the sergeant, when the Bailie commanded him to herd the boys in the courtyard, forgot the respect due to a magistrate, and refused point-blank, besides adding a gratuitous warning, which the Bailie deeply resented, to let the matter drop, or else he'd repent the day when he interfered with the laddies.
"I was a sergeant in the Black Watch, Bailie, and I was through the Crimean War—ye can see my medals; but it takes me all my time to keep the pack in hand within my ain jurisdiction; and if ye meddle wi' them outside yir jurisdiction, I tell ye, Bailie, they'll mak' a fool o' ye afore they're done w' ye in face o' all Muirtown. There's a way o' managin' them, but peety ye if ye counter them. Noo, when they broke the glass in the Count's windows, if he didna pretend that he couldna identify them and paid the cost himself! He may be French, but he's long-headed, for him and the laddies are that friendly there's naething they woudna do for him. As ye value yir peace o' mind, Bailie, and yir poseetion in Muirtown, dinna quarrel wi' the Seminary. They're fine laddies as laddies go; but for mischief, they're juist born deevils."
There is a foolish streak in every man, and the Bailie went on to his doom. As the authorities of the Seminary refused to do their duty—for which he would remember them in the Council when questions of salary and holidays came up—the Bailie fell back on the police, who had their own thoughts of his policy, but dared not argue with a magistrate; and one morning an able-bodied constable appeared on the scene and informed the amazed school that he was there to prevent them playing on the Terrace. No doubt he did his duty according to his light, but neither he nor six constables could have quelled the Seminary any more than you can hold quicksilver in your hand. When he walked with stately step up and down the broad pavement before Bulldog's windows, the Seminary went up and played opposite the Bailie's house, introducing his name into conversation, with opprobrious remarks regarding the stoutness of his person, and the emptiness of his head, and finally weaving the story of his life into a verse of poetry which was composed by Speug, but is not suitable for a book of family reading. If the constable, with the fear of the magistrate before his eyes, went up to stand as a guard of honour before the Bailie's house, the school went down then to the Russian guns and held a meeting of triumph, challenging the constable to come back to the Seminary, and telling him what they would do to him. They formed a bodyguard round him some days, keeping just out of reach, and marched along with him, backward and forward; other days they chaffed and teased him till his life was a burden to him, for he had no power to arrest them, and in his heart he sympathised with them. And then, at last, being weary of the constable, the school turned its attention to the Bailie.
One afternoon a meeting of choice spirits was held in the North Meadow, beyond the supervision of the constable, and after the Bailie had been called every name of abuse known to the Seminary, and Speug had ransacked the resources of the stable yard in profanity, he declared that the time had now come for active operation, and that the war must be carried into the enemy's country. Speug declared his conviction in the vernacular of the school, which is here translated into respectable language, that the Bailie was a gentleman of doubtful birth and discreditable pedigree, that his conduct as a boy was beyond description, and that his private life was stained with every vice; that his intellect would give him a right to be confined in the county asylum, and that he had also qualified by his way of living for the county gaol; that he didn't wash more than once a year, and that the smell of him was like to that from a badger's hole; that it was a pity he didn't attend to his own business, and that he had very little business to do; that he would soon be bankrupt, and that if he wasn't bankrupt already it was only because he cheated with his change; that he sanded his sugar, and that his weights and measures were a scandal; but that the Seminary must do what they could to lead him to honest ways and teach him industry, and that he (Speug) with the aid of one or two friends would do his best for the reformation of Bailie MacConachie, and in this way return good for evil, as Mr. Byles, assistant in the department of mathematics, used to teach. And the school waited with expectation for the missionary effort upon which Speug with the assistance of Howieson and Bauldie, was understood to be engaged.
Next Friday evening an art committee met in a stable-loft on the premises of Mr. McGuffie senior, and devoted their skill—which was greater than they ever showed in their work—to the elaboration of a high-class advertisement which was to be shown round a certain district in Muirtown, and which they hoped would stimulate the custom at Bailie MacConachie's shop. Howieson had provided two large boards such as might be hung one on the breast and one on the back of a man, and those Speug had cut to the proper size and pasted over with thick white paper. Upon them Bauldie, who had quite a talent for drawing, wrought diligently for a space of two hours, with the assistance and encouragement of his friends, and when they set the boards up against the wall the committee was greatly pleased. Speug read aloud the advertisement with much unction—