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BOUT the close of the last century, when only a few excise officers were stationed on the Borders, Scotch whiskey, in very considerable quantities, was conveyed into England. Many people, by becoming smugglers, obtained, while fortune favoured them, the means of a tolerably fair livelihood; and the profession had this to recommend it, that, like a species of gambling where much might be won, and not a great deal lost, it kept the mind, with some occasional exceptions, in a state of excitement, by no means disagreeable. These adventurers, though living to a certain degree in defiance of the law, were, amongst their friends, often jovial and good hearted and reckless and daring though they wished generally to appear, it rarely occurred that they injured the excisemen, unless in self-defence, when these "limbs o' the law" carried matters to a greater length than was accounted gentlemanly.

Donald M'Donald, a native of the Highlands of Scotland, was a personage of this description, having, on the Borders for several years, led the restless and unquiet life of a smuggler. Tired at length with the locomotion he had almost daily to undergo, he bethought him of a plan by which business, in a more retired manner, and even more lucrative, might be transacted with considerably less risk than on the old principle. In the wilds of Inverness-shire, by the tributary streams of Loch Ranach, Donald had distilled "the pure mountain dew," and why could not the like process be performed amongst the ridgy range of the Border hills? On considering this subject, sanguine anticipations more and more occupied his mind, till he had not a shadow of doubt either as to the practicability of his project, or his assurance of its success. A suitable spot, in one of the most unfrequented recesses

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of Cheviot, was accordingly chosen; all things necessary for the undertaking were procured, and in a wonderfully short space of time the energetic Highlander had the whole in a complete state of operation. He constructed with turf, wooden spars and rushes, a rude hut over the working part of his apparatus; a small table coarsely put together, he erected on the middle of the floor, with a seat or two round it; a couple of boards, fixed horizontally beside the doorway, served for another table; in a corner was placed a quantity of dried heath, with the tops upward, which formed his bed; and here was he to be found day and night, following his occupation with unceasing perseverance and industry.

In a short period, Donald's whiskey, from its fine flavour and other excellent qualities, became to be so much admired throughout the neighbourhood, that scarcely a day passed without bringing him visitors, whom, out of courtesy, he could not allow to depart till they had tasted; and in this respect several were difficult to satisfy, some even asked for more, while the giver was frequently constrained to accept of the most unqualified expressions of praise, instead of pay

And though liberality of this description, especially when repeated again and again, pressed heavily on his means, he could not discover how, with security to himself, it could be laid aside. In his position, he was unable to bid defiance to the world, and prudential motives suggested to him the policy of obtaining as far as possible the good will of all. Yet he had great sagacity, and judged so truly of mankind, that he comprehended, at a glance, the various dispositions of his customers; and when a stranger appeared before him, Donald rarely failed in guessing his errand.

On the afternoon of a solitary day, while he was about to transfer a portion of malt to the mashing tubs, a man on horseback approached, and dismounting, entered the hovel with an air of less ceremony than Donald was accustomed to receive. There was something in his manner and appearance which, to the smuggler, boded no good fortune; yet the latter wisely resolved to make the best he could of such a circumstance, and desiring the stranger to be seated at the central table, he placed upon it a bottle of his best "stuff," bread, cheese, a couple of glasses and an earthen pot full of water. On supplying his own glass liberally from the bottle, he withdrew to the temporary table in order that, whatever should occur, he might be at no great distance from the door. He deemed this precaution the more necessary, as his visitor was a strong man in the prime of life, and had any scuffle taken place, Donald, who was slightly made, would in all probability have been worsted. After some distant complim ents had passed between them, other matters were introduced, and

the following conference is said to have occurred, when the stranger unfolded to his host the most essential part of his business.

"What is your name?" he enquired.

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'Tey ca' ma Tonal," replied the other drily.

"What more than Donald?" asked the intruder.

"No muckle mair," observed the other;-"Tonal' M' Tonal","

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Well, Donald," said the stranger, "you distil smuggled whiskey;

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and I am an Excise officer. I came here to make you a prisoner! Ough! tat needna pe tune," replied Donald with seeming indifférence; "ye maun pe tak' ta things, she'll warrant; put fat wad ye tu wi' her sell?"

"I must take you, Donald," continued the other; "it becomes me as an officer to do my duty."

"Troth! put tuty pe no owre muckle mindit, now a tays; sarcastically observed Donald, grinning and shewing an excellent set of white teeth in a mouth whose dimensions ranged considerably above the usual standard. "I'm no pe want to quarrel wi' ye're honour; put I'm no shust willing to pe ta'en. Only as twa can keepit a secret, fan three canna, let us no rife out ane anither's hearts apout ta piziness, an nought ta petter. We'll shust transackit ta matter snodly, an kin ye tak' ilka thing tat pe mine, an' gie ma leg-bail for payment, sertainly, to gudeness, ye get ta pest o' ta pargain!"

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"I cannot, Sir, reason the business with you," said the exciseman, raising his voice as if he intended to overawe the Highlander. cording to my oath, I must detain you a prisoner, and take possession of these materials. If I am opposed, I have only to command help where it may be found."

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Fery sefere ! fery hard, inteed!" obdurately continued the smuggler; "put Tonal' winna pe triven like a cow or sheep py efer a shentleman i' Ningland! If help pe gotten, she maun shust help her nain sell. She has frien's nane sae far awa' as ye may trow; an' ken't they o' siccan a feesitor peing here, they wad sune pe at Tonal's side. Tid ony pody saw ye come in?"

"Not a soul;" observed the officer, rising from his seat as if determined to perform his duty, and waive all further conversation.

"THEN T-D A ONE SALL SEE YE GO OUT," thundered Donald, with a rapidity of expression that instantly arrested the progressive movement of the officer. "A man's house pe him's castle, an' if ye pe finger eyther ta swort or pistol, by C―d, she'll tak ta first shance ;sae ye're plood pe on ye're nain head!”

While the excited Highlander uttered these words, he produced from behind the door a brace of horseman's pistols, which he cocked, and laying one on the board at his side, he held the other in his right

hand. His left was applied to his dirk which he unsheathed in a moment, and thus prepared, he awaited the onset of his adversary. He presented a very different appearance from the tame, conciliating, submissive man he seemed to be only a few minutes previously: his features betokened dignity, and determination of purpose; and his dark eyes, kindling at the prospect of coming strife, sparkled, like those of a wild beast, from under the sable locks of hair which profusely shaded his brow. And yet a slight gleam of satisfaction. seemed to play over all this sternness of demeanour, as the "salvage man," felt more and more assured he had the officer in his power. Indeed the latter on perceiving how the tide of fortune had ebbed from him, was sadly nonplussed: he had as it were evoked a demon who threatened him with instant destruction, and experiencing a sudden and wonderful prostration of his combative faculties, he sat down again at the table. Either by way of setting a better face on his lack of courage, or from a resolution not to depart this life, should it eventually occur, with an empty stomach, he helped himself, a second time, with bread, cheese, and a copious draught from the heart-supporting bottle. This mode of proceeding was exactly what Donald desired : he had no wish to follow out his scheme of vengeance, nor was he in the slightest degree urged to it, for the other kept his seat, ate and drank manfully, and by the time the sun's last rays reddened the tops of the neighbouring hills, he staggered to the bed and fell into a sonorous and profound slumber.

Now came the Highlander's time for exertion, and he wisely proceeded to employ it in the way mostly conducive to the preservation of his own property. Like a shifty, bitter, biting knave, he impressed into his service the exciseman's horse, and proceeded to clear away the apparatus and material,—all of which, ere the dawn of next morning, he succeeded in transferring to a place of security. Through the course of the night, the bewildered officer awoke, groped his way, unseen truly, out to the open air, and finding his horse gone, betook himself to retrace, in the best way he could, the path by which he advanced on the preceding day. In the course of the following forenoon, he returned with a sufficient force to carry into effect, against Donald, the most severe measures of the law; and was fortunate enough to recover his own jaded and bridle-less horse: but the place was deserted, every thing of value was removed; and on an elevated position near the entrance, the detached end of a large cask bore, in conspicuous characters, the Highlander's taunting words, "LABOUR IN VAIN," which greatly increased the chagrin of the exciseman, while it contributed in no small degree to the quiet merriment of the company.R. White's MSS.

Jockie's Lamentation,

WHOSE SEDITIOUS WORKS WAS THE LOSS OF HIS COUNTRY AND HIS KIRK;

TO A STATELY NEW SCOTTISH TUNE.

from a Black Eetter Folio in the British Museum.

CONTRIBUTED BY FREDERIC R. SURTEES, ESQ., OF THE INNER TEMPLE.

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HESE singularly quaint lines though "evil apparalled in the dust cobweb of an uncivil age," are antique and interesting. They allude to the treacherous conduct of the Scottish nation, during the early part of the civil wars of Charles the I. and II., and particularly refer to the vengedance taken upon them by Cromwell at the battle

of Dunbar, when, having previously profited by their rebellion, he then invaded their country and reduced them to subjection. In that action which took place in 1650, a full measure of retaliation was given, and it is the pitiful figure of the Scotch there and subsequently, that elicits Jockie's Lamentation, when contrasted with their rapacity in sacking Newcastle, after having stormed it at the conclusion of a two years siege under Lesley lord Leven A.D. 1644. The style of the pasquinade somewhat resembles that of the well known song:

"Bonny Scot all witness can

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England has made thee a gentleman," &c.

It may be observed, there is a strong coincidence between the 'Lamentation' and the statements of historians in several little incidents connected with the seige of Newcastle and the battle of Dunbar.

The pilfering of the suits and silks' for instance ascribed in the former, exactly tallies with the following extract from Lithgow's inflated account of the storm and siege of Newcastle, published in the 'Newcastle Reprints." "Then begun the whole Armie, commanded, and uncommanded (observing king David's ancient rule, that they who stayd with the Baggage, and they that fought in the field, should share the booties alike) to plunder, I say, for twenty foure houres time, being an act of permission although to no great purpose. And why? because the common souldiers being onely able to plunder the common people (although they might have justly stretched their hands further) had for the greatest part of them but small benefite, excepting only household stuff, as bed-cloaths, linnings, Tanned leather, calve skins, men and womens apparell, pans, pots, and plates, and such like common things." Advert too, to Echard's account of the battle of Dunbar, in

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