"1. Whether the petitioner has been in use formerly to malt all his grain at one operation, is foreign to the purpose: this last season he certainly malted his crop at four or five operations; but be that as it may, Mr J. ought to have known that by express act of parliament no malt, however small the quantity, can be legally manufactured until previous entry be made in writing of all the ponds, barns, floors, &c., so as to be used before the grain can be put to steep. In the Excise entry-books for the division there is not a syllable of T. J.'s name for a number of years bygone.
"2. True it is that Mr Burns, on his first ride, in answer to Mr J.'s question anent the conveying of the notices, among other ways pointed out the sending it by post as the most eligible method, but at the same time added this express clause, and to which Mr Burns is willing to make faith: 'At the same time, remember, Mr J., that the notice is at your risk until it reach me.' Further, when Mr Burns came to the petitioner's kiln, there was a servant belonging to Mr J. ploughing at a very considerable distance from the kiln, who left his plough and three horses without a driver, and came into the kiln, which Mr B. thought was rather a suspicious circumstance, as there was nothing extraordinary in an Excise-officer going into a legal malt-floor so as to [induce a man to] leave three horses yoked to a plough in the distant middle of a moor. This servant, on being repeatedly questioned by Mr Burns, could not tell when the malt was put to steep, when it was taken out, &c.—in short, was determined to be entirely ignorant of the affair. By and by, Mr J.'s son came in, and on being questioned as to the steeping, taking out of the grain, &c., Mr J., junior, referred me to this said servant, this ploughman, who, he said, must remember it best, as having been the principal actor in the business. The lad then, having gotten his cue, circumstantially recollected all about it.
"All this time, though I was telling the son and servant the nature of the premunire they had incurred, though they pleaded for mercy keenly, the affair of the notice having been sent never once occurred to them, not even the son, who is said to have been the bearer. This was a stroke reserved for, and worthy of the gentleman himself. As to Mrs Kelloch's oath, it proves nothing. She did indeed depone to a line being left for me at her house, which said line miscarried. It was a sealed letter; she could not tell whether it was a malt-notice or not; she could not even condescend on the month, nor so much as the season of the year. The truth is, T. J. and his family being Seceders, and consequently coming every Sunday to Thornhill Meeting-house, they were a good conveyance for the several maltsters and traders in their neighbourhood to transmit to post their notices, permits, &c.
"But why all this tergiversation? It was put to the petitioner in open court, after a full investigation of the cause: 'Was he willing to swear that he meant no fraud in the matter?' And the justices told him that if he swore he would be assoilzied [absolved], otherwise he should be fined; still the petitioner, after ten minutes' consideration, found his conscience unequal to the task, and declined the oath.
"Now, indeed, he says he is willing to swear: he has been exercising his conscience in private, and will perhaps stretch a point. But the fact to which he is to swear was equally and in all parts known to him on that day when he refused to swear as to-day: nothing can give him further light as to the intention of his mind, respecting his meaning or not meaning a fraud in the affair. No time can cast further light on the present resolves of the mind; but time will reconcile, and has reconciled many a man to that iniquity which he at first abhorred."'
No one can fail to see, even in this piece of business, something of the extraordinary mental energy of Burns.
The daily life of Burns, in his latter years at Dumfries, is described in the following terms:—'He has daily duties in stamping leather, gauging malt-vats, noting the manufacture of candles, and granting licences for the transport of spirits. These duties he performs with fidelity to the king and not too much rigour to the subject. As he goes about them in the forenoon, in his respectable suit of dark clothes, and with his little boy Robert perhaps holding by his hand and conversing with him on his school-exercises, he is beheld by the general public with respect, as a person in some authority, the head of a family, and also as a man of literary note; and people are heard addressing him deferentially as Mr Burns—a form of his name which is still prevalent in Dumfries. At a leisure hour before dinner, he will call at some house where there is a piano—such as Mr Newall, the writer's—and there have some young miss to touch over for him one or two of his favourite Scotch airs, such as, the Sutor's Daughter, in order that he may accommodate to it some stanzas that have been humming through his brain for the last few days. For another half hour, he will be seen standing at the head of some cross street with two or three young fellows, bankers' clerks, or "writer-chiels" commencing business, whom he is regaling with sallies of his bright but not always innocent wit—indulging there, indeed, in a strain of conversation so different from what had passed in the respectable elderly writer's mansion, that, though he were not the same man, it could not have been more different. Later in the day, he takes a solitary walk along the Dock Green by the river side, or to Lincluden, and composes the most part of a new song; or he spends a couple of hours at his folding-down desk, between the fire and window in his parlour, transcribing in his bold round hand the remarks which occur to him on Mr Thomson's last letter, together with some of his own recently composed songs. As a possible variation upon this routine, he has been seen passing along the old bridge of Devorgilla Balliol, about three o'clock, with his sword-cane in his hand, and his black beard unusually well shaven, being on his way to dine with John Syme at Ryedale, where young Mr Oswald of Auchincruive is to be of the party—or maybe in the opposite direction, to partake of the luxuries of John Bushby, at Tinwald Downs. But we presume a day when no such attraction invades. The evening is passing quietly at home, and pleasant-natured Jean has made herself neat, and come in at six o'clock to give him his tea—a meal he always takes. At this period, however, there is something remarkably exciting in the proceedings of the French army under Pichegru; or Fox, Adam, or Sheridan, is expected to make an onslaught upon the ministry in the House of Commons. The post comes into Dumfries at eight o'clock at night. There is always a group of gentlemen on the street, eager to hear the news. Burns saunters out to the High Street, and waits amongst the rest. The intelligence of the evening is very interesting. The Convention has decreed the annexation of the Netherlands—or the new treason-bill has passed the House of Lords, with only the feeble protest of Bedford, Derby, and Lauderdale. These things merit some discussion. The trades-lads go off to strong ale in the closes; the gentlemen slide in little groups into the King's Arms Hotel or the George. As for Burns, he will just have a single glass and a half-hour's chat beside John Hyslop's fire, and then go quietly home. So he is quickly absorbed in the little narrow close where that vintner maintains his state. There, however, one or two friends have already established themselves, all with precisely the same virtuous intent. They heartily greet the bard. Meg or John bustles about to give him his accustomed place, which no one ever disputes. And, somehow, the debate on the news of the evening leads on to other chat of an interesting kind. Then Burns becomes brilliant, and his friends give him the applause of their laughter. One jug succeeds another—mirth abounds—and it is not till Mrs Hyslop has declared that they are going beyond all bounds, and she positively will not give them another drop of hot water, that our bard at length bethinks him of returning home, where Bonnie Jean has been lost in peaceful slumber for three hours, after vainly wondering "what can be keeping Robert out so late the nicht." Burns gets to bed a little excited and worn out, but not in a state to provoke much remark from his amiable partner, in whom nothing can abate the veneration with which she has all along regarded him. And though he beds at a latish hour, most likely he is up next morning between seven and eight, to hear little Robert his day's lesson in Cæsar, or, if the season invites, to take a half-hour's stroll before breakfast along the favourite Dock Green.'
Whenever a female of any rank secured the goodwill of Burns, he was sure to compliment her in verse, and it was always by putting her into the light of an adored mistress. In his latter days, when declining in health, an amiable young girl, sister of one of his brother officers, obtained his friendly regard by endeavouring to lighten the labours of housekeeping to his wife, then also in a delicate state. The lady, who still lives, 'relates that, one morning she had a call from the poet, when he offered, if she would play him any tune of which she was fond, and for which she desired new verses, to gratify her in her wish to the best of his ability. She placed herself at the pianoforte, and played over several times the air of an old song beginning with the words—
The robin cam to the wren's nest,
And keekit in, and keekit in:
O weel's me on your auld pow!
Wad ye be in, wad ye be in?
Ye'se ne'er get leave to lie without,
And I within, and I within,
As lang's I hae an auld clout,
To row ye in, to row ye in.
'As soon as his ear got accustomed to the melody, Burns sat down, and in a very few minutes he produced the beautiful song: