CHAPTER XLVI.

STRIFE BETWEEN THE TRADES AND MERCHANT COUNCILLORS REGARDING THE PROVOSTSHIP-THE RIVAL CANDIDATES, CORBET AND GRAHAM-WAR OF CLASSES; THE RICH INHABITANTS FAVOURING CORBET, THE DEMOCRACY DOING BATTLE FOR GRAHAM-PARTY NAMES ASSUMED: THE "PYETS AND THE CROWS"-TUMULT IN THE COUNCIL AND RIOT IN THE STREETS-THE COUNCIL CHAMBER STORMED BY THE DEMOCRATIC PYETS, AND THE ELECTION OF CORBET FORCIBLY PREVENTED-THE TRADES CHOOSE GRAHAM AS CHIEF MAGISTRATE-CORBET ELECTED AT A SECOND MEETING BY HIS OWN PARTY-CHURCHING OF THE RIVAL PROVOSTS, AND EXTRAORDINARY FACTION FIGHT-TRIAL AND PUNISHMENT OF THE LEADING RIOTERS.

BEFORE the Ale-duty Act was reimposed, and whilst some of the schemes previously specified were in progress, a civil broil broke out, by which the public mind was for weeks, if not months, painfully absorbed. It arose partly out of a longstanding jealousy that existed between the merchants and the Trades, and partly out of the rivalry of two claimants for the provostship; and it found full vent at the election of the magistrates in 1759. The first faint symptoms of the coming storm were descried when, on the 29th of September, 1758, Bailie James Corbet was chosen Provost by "a plurality of votes" only. The merchant councillors supported him because he was favourable to their pretensions; whilst the minority, consisting chiefly of craftsmen, had set their affections on John Graham of Kinharvie, whom, though he was not ostensibly a candidate, they would fain have placed in the civic chair.

On the following 2nd of October, the Council met for the purpose of voting out of their body, "according to the sett and constitution of the Burgh," four merchant members, in lieu of four voted in prior to the magisterial election. Before the business of the day was fairly begun, John Jardine, deaconconvener of the Trades, rose, and in due form protested against the proceedings, and withdrew, followed by all the other

deacons, save the deacon of the glovers, Nicholas Dickson. The gauntlet of defiance was thus thrown down; but the Provost's adherents, taking the matter quite coolly, went on to purge the Council as if nothing out of the way had occurred—the gentlemen unanimously "voted off" being Gilbert Paterson, William M'Murdo, William Burnet, late bailies, and Alexander M'Courtie, late treasurer.

The real "tug of war" commenced on the 22nd of September, 1759, at which time four new councillors fell to be chosen. Each party tried eagerly to gain thereby an accession of power; the merchants being anxious to increase, or at all events maintain, their supremacy, the deacons to render their minority more potential—to transform it into a positive majority was scarcely hoped for, though they were warmly supported by the popular voice. After the usual preliminaries, ex-Provost Crosbie protested, for himself and all others who should concur with. him, that his voting at the election of new councillors that day was no homologation of the claims of any whose election at Michaelmas last remained under dispute. He thereupon took instruments in the clerk's hands-ex-Provost Graham, Convener Jardine, and Deacons Patoun, Walker, Gibson, Johnston, and Howat adhering to the protest. This interruption over, Provost Corbet proposed that the meeting should choose William Carruthers and James Bell, merchants, Gilbert Gordon, collector of Excise, and Dr. Alexander Gordon. Deacon Howat proposed the election of other four-William Kirkpatrick, James Clark, James Jardine, and James M'Whirter, all merchants; but all, it is presumed, more favourable to the Trades than the nominees of the Provost. The former were elected by a majority of sixteen votes to eight.

Utterly beaten in the Council-house, the craftsmen looked for assistance out of doors. They accordingly made much of the Dumfriesian democracy, who readily made common cause with them against the patrician merchants and their chief. A battle of classes had begun-those in the upper ranks of life enlisting on the Provost's side, those in the lower strata declaring for that of John Graham and the deacons; and at this ripe stage of the conflict, the former party, by a play on their leader's name, were dubbed "Corbies," whilst their opponents rejoiced in

the name of "Pyets:" so termed, we suppose, because of the antipathy cherished by these birds-the crows and magpiestowards each other.

On the 29th, seven days after this fresh triumph of the Corbies, the streets of the ancient Burgh presented an animated aspect. It was Michaelmas day-the day of the annual election; and in view of this event flocks of Pyets fluttered eagerly about anticipating a fray, longing to leave the impress of their claws and beaks on the rival faction, who for the most part, however, kept prudently within the shelter of their household nests. The Mid-Steeple clock strikes the hour of three in the afternoon; and unless the election be immediately proceeded with, the legal period for it will expire, and the Burgh be disfranchised. At last the Provost and some of his party are seen hurrying, as fast as the throng will permit, from the George Tavern in Southgate Brae towards the place of meeting. Guarded by the officers, they pass on unharmed, receiving nothing worse than hootings and mock huzzas from the crowd; but three or four recreant tradesmen, who afterwards try to slip up to the Council-house, are recognized, hustled, mobbed; whilst, on the other hand, the Pyet voters are greeted with hearty cheers. As the business proceeds, the crowd in the vicinity grows denser, and seems increasingly bent on mischief. So deafening is the din, that the town clerk, Joseph Corrie, is heard with difficulty by the burghal senators as he reads the Parliamentary enactment bearing on the business, which finishes with the following stringent provision:"It is hereby enacted and declared, that it shall not be in the power of the magistrates and Council of this Burgh at any time hereafter to alter or procure any alteration hereof; and that no person or persons shall vote for or endeavour the repealing or alteration of this present Act, directly or indirectly, in time coming, under the penalty of two hundred pounds Scots money, to be paid by each contravener toties quoties." This document having been read, Graham, chief of the Pyet clan, arises and protests that by their assembling, sitting, and voting in this Council, they do not homologate the rights of any voter, disputed at the last election, or rendered since disputable; and he insists, therefore, that the clerks shall take notice, for

whom John Dickson, George Gordon, Andrew Wright, and William Bell record their votes; to which protest ex-Provost Crosbie, ex-Bailie Lawson, Convener Jardine, and the other deacons, adhere.

The buzz of excitement caused by this combative display increases as ex-Bailie Paterson follows it up by insisting and protesting that the four merchant councillors illegally voted off on the 2nd of October, and who were there present, should have their names entered on the roll. Provost Corbet thereupon protests in his turn that these gentlemen had been lawfully removed from the Council; that they cannot be allowed to vote; that if they will insist on going through the form of offering their suffrages, their votes could be marked on a separate paper, but that on no account could they be inserted in the record. The excitement waxes warmer within-the clamour increases without; the crowd is pressing menacingly up stairs, and it is with difficulty that the halberdiers keep it from surging by and swamping the Council hall. At this critical stage the Provost receives an intimation, which he reads, to the effect that Thomas Nairn, hammerman; James Harley, wright; Nicholas Dickson, glover; and Charles Edgar, weaver, whilst on their way with protests to the meeting, had been "obstructed or prevented by a mob of common people, assembled in a tumultuous manner." "Let the Riot Act be read, and the rabblement be dispersed!" cry several of the Corbie councillors. The first suggestion is acted upon. From the Council-house window, Mr. Corrie reads the said Act; Bailie Hepburn, more venturesome, performs the same duty in the street: still the mob does not move; the intercepted tradesmen cannot push through. It is well for themselves that they at last give up the vain effort and vanish. "Gentlemen, let us proceed with the election!" cries the presiding magistrate; and accordingly the clerks begin by calling over the names of the voters, omitting by order the names of the four outed councillors belonging to the Pyet clan. Next the new merchant councillors and the Trades' representatives qualify; after which ex-Provost Crosbie, resuming the wordy warfare, denounces the Act of Election previously read, and gives expression to views which the conservative Corbies cannot but deem wild and revolutionary.

"By this Act," says the honourable gentleman, "a material change has been made in the municipal constitution, at variance -with the sett of the Burgh, without the consent of the community, and that has never even received the sanction of the Convention of Burghs. I protest against it on these grounds, and because it contains a most arbitrary and direct infringement of the liberty of succeeding Councils, in that clause which enacts that it shall be unalterable, and guards against the repealing of it by penalties upon councillors who should take steps for so doing. This clause renders the whole Act null; but," continues the Pyet leader, waxing warmer as he goes on, "not only this Act, but many particulars in the sett of the Burgh, need to be corrected. In particular, a rotation ought to be established in the merchant part of the councillors, in order to preserve the liberty of the place, and to establish peace amongst the people. The enormous power of naming proxies for absent merchants, now vested in the chief magistrate, ought to be removed, that the freedom of elections may not thereby be brought into peril. A proper method ought also to be thought upon of naming proxies for absent tradesmen who, in the present working of the sett, lose their votes; though the sett requires that the number of tradesmen should be eleven at all the steps of the election. Many other matters need amendment. For all these reasons, I move that a day be appointed for a general meeting of the community under the authority of this Council, where all those who claim a right to vote, as well disputed as disputable, may be present; said meeting to take place about the end of October next, for the purpose of revising the sett, and ordering ane application to the Convention of Burghs for the recording either a new sett, or such an amendment of the existing one as shall be thought necessary."

All the members of the Pyet party concur in the motion; and, as a matter of course, the Provost sets his face as a flint against it. He affirms that it has taken him by surprise; and that, as the observations by which it was introduced were equally unexpected, he is not prepared to answer them seriatim. This, however, I am prepared to say," he continues, "that the Act of Council condemned by Mr. Crosbie, and which has been long in observance without being objected to, is calculated to

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