CHAPTER LXXXIII.

Before nine o'clock, Lady Ellinor arrived, and went straight into Miss

Trevanion's room. I took refuge in my uncle's. Roland was awake and

calm, but so feeble that he made no effort to rise; and it was his

calm, indeed, that alarmed me the most--it was like the calm of nature

thoroughly exhausted. He obeyed me mechanically, as a patient takes

from your hand the draught, of which he is almost unconscious, when I

pressed him to take food. He smiled on me faintly when I spoke to him;

but made me a sign that seemed to implore silence. Then he turned his

face from me, and buried it in the pillow; and I thought that he slept

again, when, raising himself a little, and feeling for my hand, he said

in a scarcely audible voice,--

"Where is he?"

"Would you see him, sir?"

"No, no; that would kill me--and then--what would become of him?"

"He has promised me an interview, and in that interview I feel assured

he will obey your wishes, whatever they are."

Roland made no answer.

"Lord Castleton has arranged all, so that his name and madness (thus

let us call it) will never be known."

"Pride, pride! pride still!"--murmured the old soldier. "The name, the

name--well, that is much; but the living soul!--I wish Austin were

here."

"I have sent for him, sir."

Roland pressed my hand, and was again silent. Then he began to mutter,

as I thought, incoherently, about "the Peninsula and obeying orders;

and how some officer woke Lord Wellesley at night, and said that

something or other (I could not catch what--the phrase was technical

and military) was impossible; and how Lord Wellesley asked 'Where's

the order-book?' and looking into the order-book, said, 'Not at all

impossible, for it is in the order-book;' and so Lord Wellesley turned

round and went to sleep again." Then suddenly Roland half rose, and

said in a voice clear and firm, "But Lord Wellesley, though a great

captain, was a fallible man, sir, and the order-book was his own mortal

handiwork.--Get me the Bible!"

Oh Roland, Roland! and I had feared that thy mind was wandering!

So I went down and borrowed a Bible in large characters, and placed it

on the bed before him, opening the shutters, and letting in God's day

upon God's word.

I had just done this, when there was a slight knock at the door.

I opened it, and Lord Castleton stood without. He asked me, in a

whisper, if he might see my uncle. I drew him in gently, and pointed

to the soldier of life "learning what was not impossible" from the

unerring Order-Book.

Lord Castleton gazed with a changing countenance, and, without

disturbing my uncle, stole back. I followed him, and gently closed the

door.

"You must save his son," he said in a faltering voice--"you must; and

tell me how to help you. That sight!--no sermon ever touched me more.

Now come down, and receive Lady Ellinor's thanks. We are going. She

wants me to tell my own tale to my old friend, Mrs Grundy: so I go with

them. Come."

On entering the sitting-room, Lady Ellinor came up and fairly embraced

me. I need not repeat her thanks, still less the praises, which fell

cold and hollow on my ear. My gaze rested on Fanny where she stood

apart--her eyes, heavy with fresh tears, bent on the ground. And the

sense of all her charms--the memory of the tender, exquisite kindness

she had shown to the stricken father; the generous pardon she had

extended to the criminal son; the looks she had bent upon me on that

memorable night--looks that had spoken such trust in my presence--the

moment in which she had clung to me for protection, and her breath

been warm upon my cheek,--all these rushed over me; and I felt that

the struggle of months was undone--that I had never loved her as I

loved her then--when I saw her but to lose her evermore! And then there

came for the first, and, I now rejoice to think, for the only time, a

bitter, ungrateful accusation against the cruelty of fortune and the

disparities of life. What was it that set our two hearts eternally

apart, and made hope impossible? Not nature, but the fortune that gives

a second nature to the world. Ah, could I then think that it is in

that second nature that the soul is ordained to seek its trials, and

that the elements of human virtue find their harmonious place! What I

answered I know not. Neither know I how long I stood there listening to

sounds which seemed to have no meaning, till there came other sounds

which indeed woke my sense, and made my blood run cold to hear,--the

tramp of the horses, the grating of the wheels, the voice at the door

that said "All was ready."

Then Fanny lifted her eyes, and they met mine; and then involuntarily

and hastily she moved a few steps towards me, and I clasped my right

hand to my heart, as if to still its beating, and remained still. Lord

Castleton had watched us both. I felt that watch was upon us, though

I had till then shunned his looks: now, as I turned my eyes from

Fanny's, that look came full upon me--soft, compassionate, benignant.

Suddenly, and with an unutterable expression of nobleness, the marquis

turned to Lady Ellinor, and said--"Pardon me for telling you an old

story. A friend of mine--a man of my own years--had the temerity to

hope that he might one day or other win the affections of a lady young

enough to be his daughter, and whom circumstances and his own heart

led him to prefer from all her sex. My friend had many rivals; and you

will not wonder--for you have seen the lady. Among them was a young

gentleman, who for months had been an inmate of the same house--(Hush,

Lady Ellinor! you will hear me out; the interest of my story is to

come)--who respected the sanctity of the house he had entered, and left

it when he felt he loved--for he was poor, and the lady rich. Some

time after, this gentleman saved the lady from a great danger, and was

then on the eve of leaving England--(Hush! again--hush!) My friend was

present when these two young persons met, before the probable absence

of many years, and so was the mother of the lady to whose hand he

still hoped one day to aspire. He saw that his young rival wished to

say, 'Farewell!' and without a witness: that farewell was all that his

honour and his reason could suffer him to say. My friend saw that the

lady felt the natural gratitude for a great service, and the natural

pity for a generous and unfortunate affection; for so, Lady Ellinor,

he only interpreted the sob that reached his ear! What think you my

friend did? Your high mind at once conjectures. He said to himself--'If

I am ever to be blest with the heart which, in spite of disparity of

years, I yet hope to win, let me show how entire is the trust that I

place in its integrity and innocence: let the romance of first youth be

closed--the farewell of pure hearts be spoken--unembittered by the idle

jealousies of one mean suspicion.' With that thought, which _you_, Lady

Ellinor, will never stoop to blame, he placed his hand on that of the

noble mother, drew her gently towards the door, and, calmly confident

of the result, left these two young natures to the unwitnessed impulse

of maiden honour and manly duty."

All this was said and done with a grace and earnestness that thrilled

the listeners: word and action suited each to each with so inimitable

a harmony, that the spell was not broken till the voice ceased and the

door closed.

That mournful bliss for which I had so pined was vouchsafed: I was

alone with her to whom, indeed, honour and reason forbade me to say

more than the last farewell.

It was some time before we recovered--before we _felt_ that we were

alone.

O ye moments! that I can now recall with so little sadness in the

mellow and sweet remembrance, rest ever holy and undisclosed in the

solemn recesses of the heart. Yes!--whatever confession of weakness

was interchanged, we were not unworthy of the trust that permitted the

mournful consolation of the parting. No trite love-tale--with vows

not to be fulfilled, and hopes that the future must belie--mocked the

realities of the life that lay before us. Yet on the confines of the

dream, we saw the day rising cold upon the world: and if--children

as we wellnigh were--we shrunk somewhat from the light, we did not

blaspheme the sun, and cry "There is darkness in the dawn!"

All that we attempted was to comfort and strengthen each other for that

which must be: not seeking to conceal the grief we felt, but promising,

with simple faith, to struggle against the grief. If vow were pledged

between us--_that_ was the vow--each for the other's sake would strive

to enjoy the blessings Heaven left us still. Well may I say that we

were children! I know not, in the broken words that passed between us,

in the sorrowful hearts which those words revealed--I know not if there

were that which they who own, in human passion, but the storm and the

whirlwind, would call the love of maturer years--the love that gives

fire to the song, and tragedy to the stage; but I know that there was

neither a word nor a thought which made the sorrow of the children a

rebellion to the heavenly Father.

And again the door unclosed, and Fanny walked with a firm step to her

mother's side, and, pausing there, extended her hand to me, and said,

as I bent over it, "Heaven WILL be with you!"

A word from Lady Ellinor; a frank smile from him--the rival; one last,

last glance from the soft eyes of Fanny, and then Solitude rushed

upon me--rushed, as something visible, palpable, overpowering. I felt

it in the glare of the sunbeam--I heard it in the breath of the air:

like a ghost it rose there--where _she_ had filled the space with her

presence but a moment before? A something seemed gone from the universe

for ever; a change like that of death passed through my being; and

when I woke to feel that my being lived again, I knew that it was my

youth and its poet-land that were no more, and that I had passed with

an unconscious step, which never could retrace its way, into the hard

world of laborious man!

THE GAME LAWS IN SCOTLAND.

Those who have been accustomed to watch the tactics of the Manchester

party cannot have overlooked or forgotten the significant coincidence,

in point of time, between Mr Bright's attack on the Game Laws, and

the last grand assault upon the barrier which formerly protected

British agriculture. That wily lover of peace among all orders of

men saw how much it would assist the ultimate designs of his party

to excite distrust and enmity between the two great divisions of the

protectionist garrison--the owners and the cultivators of land; and the

anti-game-law demonstration was planned for that purpose. The manoeuvre

was rendered useless by the sudden and unconditional surrender of

the fortress by that leader, whose system of defence has ever been,

as Capefigue says--"céder incessamment." It is impossible, however,

to disguise the true source of the sudden sympathy for the farmers'

grievances, which in 1845 and 1846 yearned in the compassionate bowels

of the agrarian leaders, and led to the lengthened inquiries of Mr

Bright's committee.

But it seems we are not yet done with the game-law agitation. It is

true the last rampart of protection is levelled to the ground: but the

subjugation of the country interest to the potentates of the factory

is not yet accomplished. The owners of the soil have not yet bowed low

enough to the Baal of free trade; their influence is not altogether

obliterated, nor their privileges sufficiently curtailed; and therefore

Mr Bright and the Anti-Game-Law Association have buckled on their

armour once more, and the tenantry are again invited to join in the

crusade against those who, they are assured, have always been their

inveterate oppressors; and, to cut of as much as possible the remotest

chance of an amicable settlement, it is proclaimed that no concession

will be accepted--no proposal of adjustment listened to--short of the

total and immediate abolition of every statute on the subject of game.

The truth is, that this branch of the agitation trade is too valuable

to be lost sight of by those who earn their bread or their popularity

in that line of business. Hundreds of honest peasants, rotting in

unwholesome gaols, their wives and children herded in thousands to

the workhouse--hard-working tenants sequestrated by a grasping and

selfish aristocracy--these are all too fertile topics for the platform

philanthropist to be risked by leaving open any door for conciliation;

and therefore the terms demanded are such as it is well known cannot be

accepted.

Our attention has been attracted to the doings of an association which

has for its professed object the abolition of all game laws, and which

has recently opened a new campaign in Scotland, under the leadership

of the chief magistrate of Edinburgh, and one of the representatives

of the city. Of course the construction of such societies is no

longer a mystery to any one; and that under our notice appears to

be got up on the most approved pattern, and with all the newest

improvements. A staff of active officials directs its movements, and

collects funds--lecturers, pamphleteers, newspaper editors are paid or

propitiated. From the raw material of Mr Bright's blue-books the most

exaggerated statements and calculations of the most zealous witnesses

are carefully picked out, and worked up into a picture, which is held

up to a horrified public as a true representation of the condition

of the rural districts; and the game laws become, in the hands of

such artists, a monster pestilence, enough to have made the hair of

Pharaoh himself to stand on end. It is not to be wondered at if some,

who have not had the opportunity of investigating for themselves the

effects of these laws, have been misled by the bold ingenuity of

the professed fabricators of grievances; but it is a fact which we

shall again have occasion to notice, that they have made but little

impression on the tenant farmers. Of the few members of that class who

have taken an active share in the agitation, we doubt if there is

one who could prove a loss from game on any year's crop to the value

of a five-pound note.[2] The fact is, that while no one will deny the

existence of individual cases of hardship from the operation of the

game laws, you will hear comparatively little about them among those

who are represented as groaning under their intolerable burden. If you

would learn the weight of the grievance, you must go to the burghs

and town-councils; and there--among small grocers and dissenting

clergymen, who would be puzzled to distinguish a pheasant from a

bird-of-paradise--you will be made acquainted with the extent of the

desolation of these "fearful wildfowl:" from them you will learn the

true shape and dimensions of "the game-law incubus," which, as one

orator of the tribe tells us, "is gradually changing the surface of

this once fertile land into a desert."

But while we are willing to allow for a certain leaven of misled

sincerity among the supporters of this association, it is evident that,

among its most active and influential leaders, the relief of the farmer

or the relaxation of penal laws is not the real object. We shall show

from their own writings and speeches the most convincing proof that

they contemplate far more extensive and fundamental changes than the

mere abolition of the game laws. There is not, indeed, much congruity

or system in the opinions which we shall have to quote; but in one

point it will be seen that they all concur--a vindictive hostility to

the possessors of land, and an eager desire to abridge or destroy the

advantages attached, or supposed to be attached, to that description of

property. Thus the system of entails--the freedom of real property from

legacy and probate duty--the landlord's preferable lien for the rent of

his land, figure in the debates of the abolitionist orators, along with

other topics equally relevant to the game laws, as oppressive burdens

on the industry of the country. The system of the tenure of land, also,

is pronounced to be a crying injustice; and one gentleman modestly

insists on the necessity of a law for compelling the landlord to make

payment to his tenant at the expiry of every lease for any increase in

the value of the farm during his occupation. The author of an "Essay

on the Evils of Game-Laws," which the association rewarded with their

highest premium, and which, therefore, we are fairly entitled to take

as an authorised exposition of their sentiments, thus enlarges on "the

withering and ruinous thraldom" to which the farmers are subjected by a

system of partial legislation.

"No individual," he complains, "of this trade has ever risen to

importance and dignity in the state. While merchants of every other

class, lawyers, and professional men of every other class, have often

reached the highest honours which the crown has to bestow, no farmer

has ever yet attained even to a seat in the legislature, or to any

civic title of distinction; uncertain as the trade is naturally, and

harassed and weighed down by those sad enactments the game laws, to

be enrolled among the class of farmers is now tantamount to saying,

that you belong to a caste which is for ever excluded from the rewards

of fair and honourable ambition."--(Mr Cheine Shepherd's _Essay_.

Edinburgh, 1847.)

The association of the game laws with the scorns which "patient merit

of the unworthy takes," is at least ingenious. We confess, with Mr

Cheine Shepherd, that the aspect of the times is wofully discouraging

to any hope that a coronet, "or even the lowest order of knighthood,"

will in our days become the usual reward for skill

"In small-boned lambs, the horse-hoe, or the drill."

We cannot flatter him with the prospect of becoming a Cincinnatus; or

that we shall live to see the time when muck shall make marquisates as

well as money; and perhaps the best advice, under the circumstances,

we can tender him, is that which the old oracle gave to certain unhappy

_shepherds_ in Virgil's time--

"Pascite, ut ante, boves, pueri--submittite tauros."

Absurd, however, as the complaint of this ambitious Damon appears, it

indicates at least the extent of change which he and his patrons of

the association think they may justly demand. It is not, then, redress

of game-law grievances they aim at, but an indefinite change in the

social and political system of the country. If any one doubts this,

let him read the following extract from the address of Mr Wilson of

Glassmount:--

"Much _organic change_ must, however, precede the reforms

for which they were now agitating. _The suffrage must be

extended._--(applause)--and, above all, the voters must be protected

in the exercise of their functions by _the ballot_; for, in a country

where so great a disparity existed between the social condition of the

electoral body, parliamentary election, as now conducted under a system

of open voting, was only a delusion and a mockery."--(_Caledonian

Mercury_, Feb. 12, 1849.)

From such an authority we cannot expect much amity towards the

aristocracy, who, he says, "it is notorious, are, in point of

political, scientific, and general knowledge, far behind those employed

in commerce and manufactures."[3] He compares the present state of

Britain with "the condition of France anterior to her first revolution,

when the ancient _noblesse_ possessed the same exclusive privileges

which are still enjoyed by the aristocracy of this country--and, among

the rest, _a game law_, which was administered with so much severity,

that it is admitted on all hands to have been the chief cause of that

convulsion which shook Europe to its centre."[4]

France and its institutions form a subject of constant eulogy to this

gentleman, whose speeches show him to be by far the ablest, and, at

the same time, the most straightforward of the League lecturers. He

admonishes our landed proprietors to visit that country. "In the social

condition of that country they would see the results of the abolition

of those class privileges and distinctions which their order are still

permitted to enjoy in England; and they would there find a widespread

comfort in all the rural districts, which has been produced by the

subdivision of property, and which is nowhere to be found in this

country, where game laws, and laws of entail and primogeniture, are

maintained for the exclusive amusement and aggrandisement," &c.[5]

We are willing to believe that Mr Wilson of Glassmount has never

himself visited the country whose condition he longs to see resembled

here; and that it is simply from ignorance that he eulogises the

agricultural prosperity of a land where five bushels of wheat is

the average yield of an imperial acre--where, in two generations,

the landed system of the Code Napoleon has produced five and a-half

millions of proprietors, the half of whom have revenues not exceeding

£2 a-year, and whom the greatest statist of France describes as

"_propriétaires républicains et affamés_." Our object, however, is

not to reason with adversaries of this stamp, but simply to show,

from their own words, the nature of the reforms they contemplate,

under cover of a design to ameliorate the game laws. It may be said,

indeed, that such indiscreet avowals of the more zealous members of the

Anti-Game-Law Association cannot be fairly ascribed to its leaders. But

though their language is, of course, more wary, it were easy to select

from their orations even equally strong proofs of that bitter hostility

to the landed interest, which prompts Mr Bright himself to cheer on his

followers with the announcement that the people are ready to throw off

"the burdens imposed on them by _an aristocracy who oppress, grind them

down, and scourge them_;" and "that _the time is now come to leach the

proprietors of the soil the limits of their rights_."[6]

A reference to the proceedings of the anti-game-law leaders will show

that the specimens we have given are only fair samples of the factious

spirit--the querulous, yet bullying and vindictive tone, in which

they have conducted this controversy. No one can seriously believe

that a hostility, directed not against these laws in particular, but

against the whole social and political system of our country, can be

founded on a wise and deliberate review of the effects of the statutes

in question. Discontent with things in general is a disease which

admits of no remedy, and which any ordinary treatment, by argument or

concession, would only aggravate.

There are many, however, of more moderate views, who are interested

in knowing to what extent the complaints they have heard are founded

on reason, and are capable of redress. We purpose, for the present,

to limit our remarks principally to the operation of the Scotch law

upon game, both because agitation on this subject has recently been

most active on this side of the Tweed, and because we think the

important differences in the game-laws of England and Scotland have

not been sufficiently attended to, and have given rise to much popular

misapprehension.

All the abolition orators begin by telling us that game laws are a

remnant of the feudal system--that they originated in the tyranny and

oppression of the middle ages, and are, therefore, wholly unsuited to

our improved state of society. Such an origin, of course, condemns them

at once; for, in the popular mind, feudal law is somehow synonymous

with slavery, rape, robbery, and all that is damnable. The truth is,

however, that the game law of Scotland has no more connexion with the

feudal law than with the code of Lycurgus. Even as regards England,

there is good ground for questioning Blackstone's doctrine that the

right to pursue and kill game is, in all cases, traceable to, and

derived from, the crown. But in Scotland, at all events, there never

existed any such exclusive system of forest laws as that which grew

up under the Norman kings, and which King John was finally compelled

to renounce. The broad and liberal principle out of which the Scotch

game law has grown, is the maxim of the civil law--_quod nullius est

occupanti conceditur_--that any one may lawfully appropriate and

enjoy whatever belongs to no one else--a maxim which must necessarily

form the fountainhead of all property. All wild animals, therefore,

may be seized by any one, and the law will defend his possession of

them. But out of this very principle itself there naturally springs a

most important restriction of the common privilege of pursuing game;

for the possessor of _land_, as well as the possessor of game, must

be protected in the exclusive enjoyment of what (though originally

_res nullius_) he has made his own by occupation or otherwise. It is

evident, then, that the contingent right of the hunter to the animals

he may succeed in seizing, can be exercised to its full extent only in

an unoccupied and uncultivated country; and must give way, wherever

the soil has become the subject of property, to the prior and perfect

right of the landowner. Accordingly, we find that in the Roman law

the affirmation of the common right to hunt wild animals is coupled

with this important restriction, under the very same title--"Qui

alienum fundum ingreditur, venandi aut aucupandi gratiâ, potest a

domino prohiberi ne ingrediatur;" and, notwithstanding the perplexed

and anomalous nature of the tenure of land among the Romans, we find

everywhere traces of a strict law of trespass, from the Twelve Tables

down to Justinian. And in this the civil law was followed by that

of Scotland. Subject to this inevitable restriction, and to a few

regulative enactments of less importance, the privilege continued open

to all, without distinction, up to the year 1621.[7] About this time

the tenor of the statutes shows that game of all kinds had become

exceedingly scarce; and it was probably with a view of preventing its

extirpation, as well as of discouraging trespass, which, from the

increase of the population, had increased in frequency, that, in the

above-mentioned year, an act was introduced which was, without doubt, a

decided violation of the principle on which the system was originally

founded. The act 1621 prohibited every one from hunting or hawking

who had not "a plough of land in heritage;" and subsequent statutes

extended this prohibition to the sale and purchase, and even to the

possession of game, by persons not thus qualified. This, we repeat,

was a direct departure from the leading maxim of the law, as it stood

previously; and we can see no reason whatever for now retaining it on

the statute-book. It is notorious, however, that, practically, these

statutes have now fallen into desuetude, and that the mere want of the

heritable qualification has not, for a long period, been made a ground

for prosecution. In fact, the privilege is open to any one provided

with the landlord's permission, and who has paid the tax demanded by

the Exchequer, though he may not possess a foot of land. When, then, we

find the orators of Edinburgh complaining of the harsh and intolerable

operation of the qualification statutes, it affords the most complete

evidence either of their utter ignorance of the actual state of the

law, or of the weakness of a cause that needs such disingenuous

advocacy.

The fiscal license, which was first required by the act 24th Geo. III.

c. 43, cannot be justly regarded in the light of an infraction of the

general principle of the Scotch law. Its direct object is not the

limitation of the right of hunting, but the maintenance of the public

revenue; and it will be readily admitted by all reasonable men that, on

the one hand, there cannot be a less objectionable source of taxation

than the privilege in question, and, on the other, that the duty is

not excessive, when we find above 60,000 persons in Great Britain

voluntarily subjecting themselves to it every year.

The two other principal enactments regarding the pursuit of game in

Scotland, commonly known as the Night and the Day Trespass Acts, 9

Geo. IV. c. 69, and 2 and 3 Will. IV. c. 68, cannot here be criticised

in detail. Their provisions contain one or two anomalies which we

shall have occasion to notice below, in suggesting some practicable

amendments on the present law. But as to their general spirit, we

venture to affirm that they are most legitimate developments of

the general principle above stated. In every class of injuries to

the rights of others, there are some species of the offence which,

from their frequency, or from their being difficult to detect, must

necessarily be prevented by more stringent prohibitions than those

attached to the genus in general; and in the same way that orchards

for example, timber, salmon fisheries, and many other subjects are

protected by special penalties, so has it been found requisite to

amplify the common law of trespass, in its application to that

particular manner of trespass which is confessedly the most frequent

and annoying. If the penalties are unnecessarily stringent, let them

by all means be modified; but their severity, in comparison with the

punishment of ordinary trespass, is not inconsistent with justice, or

the principles of wise legislation.

We have adverted, in this hasty sketch, only to the prominent features

and growth of the law of Scotland; but a more detailed comparison with

that of England and other countries of Europe, especially when recent

statutes and decisions are taken into view, will fully justify the

opinion of Hutcheson and other well qualified judges, that it is "the

most liberal and enlightened of all laws as to game." It recognises,

of course, no such thing as _property_ in game more than in any other

animals of a wild nature. The proprietor of a manor has no right to the

pheasant he has fed until he shall have actually brought it to bag, or

at least disabled it from escaping; and the right which he then first

acquires is quite independent of his ownership of the land.

To many the distinction thus created, by considering all game as wild

animals, appears too theoretical; and no doubt it is a question for

zoologists rather than for lawyers to decide, whether there really be

in animals any such permanent and invariable character as to justify

such a universal distinction. There is the strongest presumption

that all our domesticated animals were at one time _feræ_; and it is

rather a difficult task to show reason for considering some classes as

"_indomitabiles_," when we see the reindeer, of a tribe naturally the

most shy of man, living in the hut of his Lapland master--and when we

recollect that among birds, the duck, turkey, and peacock, with us the

most civilised and familiar of poultry, are elsewhere most indubitable

_feræ_ at this very moment. It has been argued that the commoner kinds

of game, under the system of rearing and feeding now so general, are

scarcely more shy or migratory in their habits than those animals

which the law contrasts with them as _mansuefactæ_, and therefore

regards as property: that even when straying in the fields, we may as

reasonably impute to them the _animus revertendi_--the instinct of

returning to their haunts and coverts, as to pigeons and bees which the

law for this reason retains under its protection, though abroad from

their cots or hives; that the common objection as to the difficulty

of identifying game, is one which applies as strongly to many other

subjects recognised as vested in an owner; and finally, that, being

now in reality valuable articles of commerce, these classes of animals

should cease to be viewed as incapable of becoming property. It is

difficult to gainsay the premises on which this proposal is built:

and if we look to analogy, it cannot be doubted that the invariable

tendency of civilisation is towards the restriction of the category of

_res nullius_, and by art and culture to subject all products of the

earth to the use, and consequently to the possession of man. But, apart

from this speculative view of the subject--it seems to us that, while

common opinion is unprepared for so fundamental a change in the law of

Scotland, the alteration proposed would not in practice improve the

position of any of those classes who are affected by the operation of

the present game laws, nor materially obviate any of the bad effects

usually ascribed to them.

But it is time now to turn to those alleged evils, and to form some

judgment as to whether they are in reality so weighty and numerous,

that nothing short of the total abolition of the game laws can

effectually check them. The abrogation of a law is no doubt an easy way

of overcoming the difficulty of amending it--in the same way that the

expedient of wearing no breeches will unquestionably save you the cost

of patching them; and as a device for diminishing game-law offences,

the total repeal of all game laws is perhaps as simple and efficacious

a recipe as could well be conceived. But let us first inquire into the

existence of the disease, before we resort to so summary a remedy.

There are three distinct parties who are said to be injured by the

operation of these laws--_The community_ at large suffer chiefly by

being deprived, it is alleged, of a very large proportion of the

produce of the soil, which, if not consumed by game, would go to

increase the stock of human food--_The poacher_ has to bear the double

injustice of a law which first makes the temptation, and then punishes

the transgression--_The farmer_ finds, in the protection given to game,

a source of constant annoyance, loss, and disappointment. We shall take

these complainants in their order.

The public, (we are told by the enlightened commercial gentleman who

represents the metropolis of Scotland,) the public have _a right_ to

see that none of the means for maintaining human life are wasted--a

great popular principle popularly and broadly stated. It is possible,

however, that Mr Cowan may not have contemplated all the admirable

results of his principle. He may, perchance, not have seen that it

sweeps away, not only every hare and pheasant, but every animal

whatever that cannot be eaten or turned to profit in the ledger. His

carriage horses eat as much as would maintain six poor paper-makers and

their families; the keep of his children's pony would board and educate

four orphans at the Ragged Schools. But we are not yet done with him;

for he cannot stick his fork into that tempting fowl before him until

he can satisfy us, the public, that the grain it has consumed would

not have been more profitably applied in fattening sheep or cattle.

And what, pray, is that array of plate on the _buffet_ behind him but

so much capital held back from the creation of employment and food

for that starving population, which he assures us (though every one

but himself knows it is nonsense) is increasing at the rate of 1000

per diem! Political economy of this quality may do very well for the

Edinburgh Chamber of Commerce; but we really hope, for the credit of

the city he represents, that he will not expose himself on any other

stage, nor consider it a necessary part of his duties as a legislator,

to prescribe the precise manner in which corn shall or shall not be

used.

The supposed amount of destruction by game of cereal and other produce,

has afforded a fine field for the more erudite of the game law

opponents. Mr Gayford's celebrated calculation, that three hares eat

as much as a full-grown sheep, is generally assumed as the infallible

basis of their estimates, and the most astounding results are evolved

from it.[8] Mr Charles Stevenson thinks the destruction cannot be less

than two bushels per acre over the whole kingdom, representing a total

of _two hundred thousand quarters_. "_If it be the case_," says Mr

Chiene Shepherd, with a modest hesitation--"if it be the case, that

throughout this empire the farmers, in general, suffer more loss from

game than they pay in the form of poor's tax (_and I suppose it cannot

be doubted that they do so_--that in most parts they suffer _more than

double_ the amount of their poor-rates,) then it follows, of course,

that there is more destruction from game than would make up the sum

collected from poor-rates from the whole lands of the empire."[9]

Double the amount of poor-rates paid by land may be taken roughly at

some £9,000,000. But there are others who think even this too low

an estimate, and throw into the scale (a million out or in is of no

importance) the county rate, highway rate, and all the other direct

burdens on land put together! Let us carry on the line of calculation

a step further: if game animals _alone_ consume all this, and if we

allow a fair proportion of voracity to the minor, but more numerous

_feræ_--rats, mice, rooks, wood-pigeons, &c.--it is clear as daylight

that it is a mere delusion to think that a single quarter of wheat

can, by any possibility, escape the universal devastation. There is

no lunatic so incurable as your rampant arithmetician; and the only

delusion that could stand a comparison with the above would be the

attempt to reason such men out of their absurdities.

But the actual waste of grain is not, it seems, the only way in which

the public suffers. The annual cost to the community of prosecutions

under the game acts is an enormous and annually increasing burden.

This is proved, of course, by the same system of statistics run mad as

that of which we have just given some specimens. The game convictions

in the county of Bedford, it is discovered, were, in the year 1843, 36

per cent of the total _male_ summary convictions; and the lovers of the

marvellous, who listen to such statements, are quietly left to infer,

not only that this is usually the case in Bedfordshire, but that a

similar state of things prevails throughout England and Scotland also.

They are sagacious enough, however, never to refer to general results.

They carefully avoid any mention of the fact, (which, however, any

one may learn for himself, by referring to Mr Phillipps' tables,) that

the average of the game convictions during the five years these tables

include, was, for _all England_, not 36, but a fraction over 6 per cent

of the whole. Now, let us see how the case stands in Scotland. We have

observed that our northern orators always draw their illustrations

from the south of the Tweed; and we have, therefore, looked with some

curiosity into the records of our Scotch county courts, as affording

some test of the real extent of the grievance in this part of the

empire. Unfortunately these records are not preserved in a tabular

form by all the counties; but we have been favoured with returns from

five of the most important on the east coast, which we selected as

being those in which the preservation of game is notoriously carried

to the greatest extent. An abstract of these returns will be found

below,[10] and will suffice to show how false, in regard to Scotland,

is the assertion that game prosecutions are alarmingly numerous; while

every one knows that the expense is borne, not by the public, but by

the private party, except in very rare and aggravated cases. From these

it appears that the whole number of game cases tried, or reported to

the authorities, in these five counties, during the years 1846 and

1847, was one hundred and forty-four, being about 2.5 per cent of the

whole. Fifeshire (which was selected to be shown up before Mr Bright's

committee as an abyss of game-law abuses) had, in 1848, out of eight

hundred and thirty offences, only _three_ under the game acts. As to

the alleged progressive _increase_ of such cases, the subjoined table

of the numbers for the five years preceding 1848[11] proves that,

whether it be true or not as respects isolated districts of England,

that the number of game-law trials is every year becoming a heavier

burden on the public, it certainly is not true in four of the largest

and most _game-keeping_ counties of Scotland.

We have now to make a remark or two on the plea set up on behalf of

the poacher against the present game laws. What is it that makes a man

become a poacher? "Temptation," says Mr Bright, "and temptation only.

How can you expect that the poor but honest labourer, who, on his way

home from his daily toil, sees hares and pheasants swarming round

his path, should abstain from eking out his scanty meal with one of

those wild animals, which, though on your land, are no more yours than

his? The idea would never have occurred to him if he had not seen the

pheasants; and if there had been no game laws, he would have remained

an upright and useful member of society." Such, we believe, is the

beau-ideal of the poacher, as we find it in abolitionist speeches, and

in popular afterpieces at the theatre. He is, of course, always poor,

but virtuous,--

"A friendless man, at whose dejected eye

Th'unfeeling proud one looks, and passes by."

We shall not quarrel, however, with the fidelity of this fancy sketch;

but we may be allowed to doubt whether any large proportion of those

who incur penalties for game trespass have been led into temptation

by the mere abundance of game in large preserves. Men of plain sense

will think it just as fair to ascribe the frequency of larceny to the

abundance of bandanas which old gentlemen _will_ keep dangling from

their pockets while pursuing their studies at print-shop windows.

The evidence taken by the committee seems rather to show that the

poacher's trade thrives best where there is what is called "a fair

sprinkling" of ill-watched game, than where he has to encounter a staff

of vigilant and well-trained keepers. But what though the case were

otherwise? Suppose the existence of the temptation to be admitted, is

it to be seriously argued that the province of legislation is not to

prohibit offence, but to remove all temptation from the offenders? not

to protect men in the enjoyment of their rights, but to abridge or

annihilate those rights, that they may not be invaded by others? This,

we affirm, is the principle when reduced to simple terms; and startling

enough it is to those who have been accustomed to think that the

proper tendency of laws and civilisation is in precisely the opposite

direction. What although a breach of these laws may sometimes be the

commencement of a course of crime, are there no other temptations which

open the road to the hulks or the penitentiary? If the magistrates of

our towns, who so vehemently denounce the danger of the game laws,

are sincere in their search after the sources of crime, and in their

efforts to repress them, we can help their inquiries--we can show

them at their own doors, and swarming in every street, temptations to

debauchery, which have made a hundred crimes for every one that can be

traced to game laws,--and yet we cannot perceive that the zeal of our

civic reformers has been very strenuously directed to discourage or to

diminish the numbers of these dens of dissipation. We can refer them

to the reports of our gaol chaplains for proof that three out of every

four prisoners are ignorant of the simplest rudiments of education; and

yet a praiseworthy attempt lately made in our metropolis to promote

instruction by means of apprentice schools, was not favoured with the

countenance of our chief magistrate, because he happened to be engaged

in the more philanthropic duty of presiding at a meeting for condemning

the game laws!

If we are called upon to assign a reason for the frequency of poaching,

we should attribute it neither to the mere superabundance of game

by itself, nor yet to the pressure of poverty, but very much to the

same sort of temptation that encourages the common thief to filch a

watch or a handkerchief--namely, the facility of disposing of his

spoil. Well-stocked covers may present opportunities to the poacher

for turning his craft to account, but it is plain the practice would

be comparatively rare if he did not know that at the bar of the next

alehouse he can barter his sackful of booty either for beer or ready

coin, and no questions asked. Every village of 1000 or 1500 inhabitants

offers a market for his wares, and any surplus in the hands of the

country dealer can be transferred in eighteen hours to the London

poulterer's window. There cannot be a doubt that the consumption of

game has increased enormously since the beginning of this century. It

was formerly unknown at the tables of men of moderate means, except

when haply it came as an occasional remembrance from some country

relation, or grateful M.P. Now-a-days the spouse of any third-rate

attorney or thriving tradesman would consider her housekeeping

disgraced for ever, if she failed to present the expected pheasant

or brace of moorfowl "when the goodman feasts his friends." And even

if we descend to the artisans and operatives of our large towns, it

will be found that hares and rabbits form a wholesome and by no means

unusual variation of their daily fare. We have the evidence of one of

the great Leadenhall game dealers, that in the month of November hares

are sent up to London in such quantities, that they are often enabled

to sell them at 9d., and even at 6d. each. The average weight of a hare

may be taken at about 8 lb.; and if we deduct one-half for the skin,

&c., there will remain 4 lb. of nutritious food, which, even at 2s.,

is cheaper than beef or mutton; while the occasional change cannot but

be both agreeable and beneficial to those who have so limited a choice

of food within reach of their means. Some idea may be formed of the

vast quantity of game brought into London, from the statements of Mr

Brooke, who buys £10,000 worth of game during the course of the winter;

and there are ten other great salesmen in Leadenhall market alone.

If we make allowance for the supplies sent directly to the smaller

poulterers, for the consumption in the other great towns throughout

the kingdom, and for the probably still larger quantity that never

comes into market at all, it is impossible to deny that game has now

become an important part of the food of the people, and that, as an

article of commerce, it deserves the attention of the legislature. Any

attempt to check the production and sale of a commodity for which there

is so general a demand, must prove both useless and mischievous. It

is in vain to proscribe it as an expensive luxury, and insist on the

substitution of less costly fare. It may be true, for anything we know,

that the grain or provender consumed by the 164,000 head of game, which

Mr Brooke disposed of in six months, might have produced a greater

weight of bullocks or Leicester wedders, (though this is extremely

unlikely, for the simple reason that grain, grass, and green crops form

only a _part_ of the food of any of the game species); but, whether

true or not, it is useless to prevent the rearing of game by any sort

of sumptuary enactment, direct or indirect. The proper course of

legislation is very plain. While compensation should be made exigible

for all damage from excess of game, and new statutory provision

made for this purpose, if the present law is insufficient--fair

encouragement should at the same time be given for the production,

in a legitimate way, of what is required for the use of the public.

Facilities should be afforded to the honest dealer for conducting

his trade without risk or disguise, and the useless remnant of the

qualification law in Scotland should be abolished. Measures of this

nature, by turning the constant demand for game into proper channels,

will prove the most effectual discouragement to the occupation of the

poacher, and to the reckless and irregular habits of life which it

generally induces.

A very opposite result, we are persuaded, would follow from the

adoption of Mr Bright's quack recipe for putting an end to the practice

of poaching. By what indirect influence is the abolition of the game

laws expected to produce this effect? If, indeed, along with the game

laws, you sweep away also the law of common trespass--if you proclaim,

in the nineteenth century, a return to the habits of the golden age,

when, as Tibullus tells us--

"Nullus erat _custos_, nulla exclusura volentes Janua";

and if you authorise the populace at large to traverse every park and

enclosure, at all hours and seasons, and in any numbers and any manner

they please, then we can understand that a few months probably of

rustic riot and license may settle the question by the extermination of

the whole game species. But we have not yet met any game-law reformer

so rabid as to propose putting an end to the penalties on ordinary

trespass; on the contrary, we find most of them, (Sir Harry Verney and

Mr Pusey among the number,)[12] anticipating the necessity of arming

the law with much stronger powers for preventing common trespasses.

And even without such additional powers, will not the trespass law as

it stands be employed by proprietors to prevent interference with their

sports? Is it supposed that the abolition of the game statutes will at

once prevent the owners of great manors from rearing pheasants in their

own covers? It may indeed drive them to do so at a greater expense,

and to enlist additional watchers; but it is not likely that keen game

preservers will not avail themselves of such defences as the common law

may still leave them. Game then, we contend, may be thinned by this

plan, but it will not be exterminated. The consequence will be that

its price will be enhanced; but as the demand will still continue, the

trade of the poachers will remain as thriving as ever. He may have to

work harder and to trudge farther before he can fill his wallet; but

this will be compensated by the additional price; and if the present

quantity of game is diminished by one-half, the consequence will be

that his agents will be able to pay him five shillings a-head for

his pheasants instead of five shillings a-brace. In short, we should

anticipate, as the effects of abolishing the present statutes, that,

while many of the less wealthy owners of land would be deterred by the

expense from protecting game, and while the amusement (such as it is)

would become greatly more exclusive than it is now, such a measure

would not only fail to remove any of the inducements which tempt the

idle peasant to take to the predatory life of a poacher, but would,

in the outset at least, induce many to try it who never thought of it

before.

We must now pass on to the considerations we have to offer on the

situation of the tenant-farmer as to game; and the first question that

suggests itself as to his case is this,--Whether the injury suffered by

tenants be really so serious and extensive as is represented?

"There is no denying," says Mr Shepherd, in his _Essay_, (p. 12,)

"the notoriety of the fact that, _in a great majority of instances_,

this excessive power of infringement on the property of the tenant

through these laws has been abused. It has been almost _universally

abused_." Is this true as regards either England or Scotland? or is

it merely one of those vague and reckless affirmations which a man

writing for a purpose, and not for truth, is so apt to hazard, in

disregard or defiance of the facts before him? One thing we do find

to be notorious--that the committee's evidence of game abuses in

Scotland was limited _to one solitary case_, that of the estate of

Wemyss. And although we may very readily conceive that, with more time

and exertion, the agents of the league might have ferreted out other

instances, we may, nevertheless, be allowed to express our astonishment

that, on the slender foundation of this single case, Mr Bright should

have ventured to ask his committee to find the general fact proved,

that the prosperity of agriculture "_in many parts of Scotland_ as well

as England, is greatly impaired by the preservation of game." We learn

at least to estimate the value of the honourable gentleman's judgment,

and the amount of proof which an abolitionist regards as demonstration.

But the truth is, that the case of Scotland was not examined at all;

and the _rejected_ report of Mr Bright and his associates bears on its

face the most satisfactory evidence of their utter ignorance that the

law on this side the Tweed is a perfectly different system from that of

England.

Will any believe that if our Scotch farmers, "in a great majority

of instances," found their property sacrificed, they would not have

universally joined in demanding the interference of the legislature?

But what is the fact? An examination of the reports on petitions

during the last two sessions shows that there certainly have been

petitions against the game laws, but that for every one emanating

from an agricultural body there have been ten from town-councils. We

have better evidence, however, than mere inference, for the general

distrust with which the farmers have regarded this agitation; for we

find the Leaguers themselves, one and all of them, lamenting that

their disinterested exertions on behalf of the tenantry have been

viewed by that body with the most callous and ungrateful indifference.

It is impossible to read without a smile Mr Bright's Address to the

Tenant-farmers (prefixed to Mr Welford's Summary of the Evidence);

and to mark the patient earnestness with which he entreats them to

believe that they are groaning under manifold oppressions--and insists

on "rousing them to a sense of what is due to themselves." But your

tiller of the soil is ever hard to move. It is surprising that the

obstinate fellow cannot be made to comprehend that he is the victim

of a malady he has never felt--that he will persist in believing that

if game were all he had to complain of, he might snap his fingers at

Doctor Bright and his whole fraternity. The essayist of the Association

can find no better reason to assign for what he calls "the wondrous

and apparently patient silence of the tenantry under so exasperating

an evil,"--than, forsooth, that they are too servile to speak out

their true opinions. Such an explanation, at the expense of the body

whom he pretends to represent, can only insure for him the merited

scorn of all who have opportunities of knowing the general character

of the spirited, educated, and upright men whom he ventures thus to

calumniate. The most obvious way of accounting for their wondrous

silence under oppression is also the true one--namely, that, as a

general fact, the oppression is unknown. When an intelligent farmer

looks round among his neighbours, and finds that for every acre damaged

by game there are thousands untouched by it,--when he knows that there

are not only whole parishes, but almost whole counties, in which he

could not detect in the crops the slightest indication of game,--and

further, that, in ninety-nine cases out of a hundred in which a tenant

really suffers injury, he is sure of prompt and ample compensation--it

is not surprising that he looks upon the Association with suspicion,

and refuses to support, by his name or his money, their system of

stupendous exaggeration. If anyone wishes to convince himself of the

actual truth, we venture to suggest to him a simple test. Damage from

game, to be appreciable at all, cannot well be less than a shilling an

acre. Now, let any farmer survey in his mind the district with which

he is best acquainted, and estimate on how much of it the tenants

would give this additional rent, on condition of the game laws being

abolished. An average-sized farm, in our best cultivated counties, may

be taken at two hundred acres--how many of his brother farmers can he

reckon up, who would consent to pay £10 a-year additional on these

terms? A similar test, it may be mentioned, was offered to one of Mr

Bright's witnesses, (Evidence, i. 4938,) who had set down his annual

damages from game at from £180 to £200, and who, after successively

declining to give £200, £100, and £75 a-year additional rent for leave

to extirpate the game, thought, at last, he _might_ give £50 a-year for

that bargain.

But the question immediately before us is this: what remedy does the

existing law of Scotland give a tenant in cases of real hardship from

the preservation of game? In regard to this question, it is impossible

to overlook the broad distinction between the cases of those who

have expressly undertaken the burden of the game, and those whose

leases contain no such covenant. The quasi-right of property in game

recognised by the English law is, by Lord Althorpe's statute of 1832,

vested in the _occupier_ of land, when there is no express stipulation

to the contrary. The reverse is virtually the case in Scotland--the

landlord retains his right to kill game, unless he shall have agreed

to surrender it to his tenant. In most cases, however, the landlord's

right does not rest merely on the common law, but is expressly reserved

to him in the lease. Now, when a tenant has deliberately become a

party to such an express stipulation, and when the quantity of game

(whether it be small or great) does not exceed, during the currency

of the lease, what it was at his entry, on what conceivable plea of

reason or justice can he ask the interference either of a court of

law or of the legislature? To say, with Mr Bright and his coadjutors,

that he seldom attends much to such minor articles in a lease--that

he does not understand their effect--that in the competition for land

he is glad to secure a farm on any conditions--all this is the most

childish trifling, and unworthy of a moment's serious notice. There is

not a single sentence in any lease that may not be set aside on the

very same grounds; and if agreements of this nature are to be cancelled

on pretences so frivolous, there is an end to all faith and meaning in

contracts between man and man.

But the tenant's case assumes a very different aspect when, by

artificial means expressly contrived for the purpose, the game has been

increased _subsequent_ to his entry. Then, it is obvious, the burden

is no longer the same which the tenant undertook. It is a state of

things which he could not anticipate from the terms of his contract;

and if the authority of the courts of law were unable to reach such a

case, and to protect the tenant from what is in fact an infringement,

on the part of the landlord, of their mutual agreement, it is difficult

to imagine stronger grounds for insisting that the defect should be

supplied by positive enactment. No such interference, however, is

requisite. Our law courts not only possess the power of enforcing

compensation for such injuries, but in the recent decision, in the

case of Wemyss and Others v. Wilson, the supreme court has asserted

and exercised that power in the most distinct and unqualified manner.

"There is no instance," says Mr Chiene Shepherd, writing before the

date of the above-mentioned judgment, "in which our head court in

Scotland--the Court of Session--has ever given a decision entitling

a tenant to damages from a landlord for destruction of his crops by

game." Now, supposing the fact as here stated, to be strictly correct,

what inference, we ask, can common candour draw from it? Are we to

conclude that the law of Scotland, or the bench that administers it,

are so corrupt as to countenance such an insult to justice? No such

express decision had then been given, simply because no such claim had

ever been tried; and surely this very fact is in itself the strongest

possible presumption against the alleged universal abuse of the power

of preserving game--a presumption that a hardship which, up to 1847,

had never been made the ground of a formal appeal to the law tribunals,

cannot be either very frequent or very severe. The statement, however,

is not strictly correct; for, though no actual decree had been given

on the special amount of damages before 1847, a very distinct, though

incidental, opinion as to the liability of landlords in such cases was

given in a case which occurred fifteen years ago--Drysdale v. Jameson.

The principle of the law could not be more lucidly stated than in the

words of the learned judge (Fullerton) on that occasion.

"A tenant, in taking a farm, must be considered as taking it under the

burden of supporting the game, and may be presumed to have satisfied

himself of the extent of that burden, as he is understood to do of

any other unfavourable circumstance impairing the productiveness of

the farm. But, on the other hand, it would seem contrary to principle

that the landlord, who is bound to warrant the beneficial possession

to the tenant, should be allowed, by his own act, to aggravate the

burden in any great degree. A tenant, in order to support such a claim,

must prove not only a certain visible damage arising from game, but

a certain visible increase of the game, and _a consequent alteration

of the circumstances contemplated in the contract, imputable to the

landlord_. The true ground of damage seems to be, not that the game is

abundant, but that its abundance has been materially increased since

the date of the lease."[13]

Surely so clear an opinion, coming from such a quarter, was a pretty

plain indication of the protection which the law would extend to a

tenant in these circumstances; and, accordingly, it has been completely

confirmed on every point by the more recent and comprehensive decision

on Captain Wemyss' case. Any new steps on the part of a landlord for

stimulating the natural supply of game, whether by feeding them,

breeding them artificially, or by a systematic destruction of the

vermin which naturally prey on them, will be held as indicating an

intention on his part to depart from the terms of the contract, and

as therefore opening a valid claim for any damage the tenant may

experience in consequence of the change. And it is not only such

direct and active measures for augmenting the stipulated burden that

will be thus interpreted against the landlord; but even his doing so

negatively--that is, his failing to exercise the power he retains in

his own hands, and to keep down the burden to the same amount at which

the tenant found it on his entry, will be held as equivalent to his

positive act.

If, then, there ever was any ground for alleging that the state of the

law was indefinite, the objection is now removed. No one can pretend

to doubt that a tenant of land in Scotland has as ample a protection

against injury from game as the law can give him. To prevent the injury

beforehand is beyond the power of any law. All that it can do is to

afford him as prompt and effectual means of redress as it furnishes

against any other species of injury. In short, when its principle is

weighed fairly, and when we take into consideration the relief from the

fiscal qualification which Mr Mackenzie's act of last session conferred

on the farmers, we shall be able to estimate how far it is true that,

"both in parliament and out of parliament, the interests and industry

of tenants are systematically sacrificed to the maintenance of the

odious privileges of more favoured classes."

We have followed out and exposed, perhaps at greater length than was

necessary, the stock sophisms and more flagrant exaggerations by which

the total abolition of game laws is usually supported. Some points are

yet untouched; but we prefer employing the rest of our paper in briefly

stating a few suggestions for the removal of some of those difficulties

and anomalies in the Scotch law, which we set out with acknowledging.

In judging of any such alterations, it is necessary never to lose

sight of the leading principle on which the whole Scotch system is

founded--namely, the original and common right to seize and appropriate

the animals of chase, qualified and determined by the previous right of

the landowner to the exclusive use of the soil.

1st. Keeping this in view, our first change would be the abolition of

the land-qualification introduced by the Act 1621; and this for the

double reason that it was originally an unwarrantable departure from

the general principle just mentioned, and that it is inexpedient to

cumber the system with a law which is practically in desuetude.

2d. The effect of this alteration would be to remove also the useless

and improper restriction on the sale of game. There can be no good

reason for throwing difficulties in the way of the game-dealer's

trade. As a check to poaching, we have abundant proof that the present

restriction is inoperative; or, if it has any effect, it is directly

the reverse of that intended, by throwing the trade very much into the

hands of a low class of retailers. Instead of requiring a qualification

or permission, which is constantly evaded, we would substitute a

game-dealer's license, as in England.

3d. The fifth section of the Day Trespass Act empowers the person

having the right to kill game on any lands, or any person authorised by

him, to seize game in the possession of a trespasser. This provision

has sometimes given occasion to dangerous conflicts between the

parties, and is, moreover, quite at variance with the principle of the

law above noted.

4th. The next particular we shall mention is of more importance. The

evidence of Mr Bright's committee has, we think, fully disproved the

charge against the county magistracy of England, of partiality and

excessive severity in game cases. Exceptions no doubt were brought

forward, but their paucity shows the contrary to be the rule. In

Scotland there is still less ground for such an accusation. With

us, such an occurrence as a justice adjudicating in his own case is

unknown; and we find even the most violent of the abolition lecturers

admitting that proceedings before the sessions under the game statutes

are conducted with equity and leniency. But this is not enough. The

parties who have to administer the law should be above all suspicion

of bias or interest, even of the most indirect kind; and we should

greatly prefer that game prosecutions were removed altogether, into the

court of the judge-ordinary. Such an alteration, were a sure, would

be regarded generally by the benches of county magistrates as a most

desirable relief from one of the most invidious and embarrassing duties

they have to execute. But, as the law stands, they have no option--for

offences under the Day Trespass Act are cognisable by them only. If,

then, there be any valid reason against transferring the trial of all

game offences to the sheriff court, (and at present we can see none)

it is at all events most advisable that his jurisdiction should be

extended to day as well as to night trespasses.

5th. Any revisal of the law should embrace provisions against the

accumulation of penalties; for although these are very rarely insisted

on in Scotland, the power of enforcing them affords a pretext for

declamations against the severity of the game law, which its opponents

know well how to employ.

Besides these modifications of the statutes, it seems most desirable

that in all leases the disposal of game should be regulated by special

clauses, which should include a reference to arbitration in case of

dispute.

FOOTNOTES:

[2] "The game agitators are individuals who suffer _a little_, and

see their brethren suffering more, and who have _their feelings

annoyed_; and those who are not hurt at all by game, but will strike

at any public wrong."--_Speech of Mr Munro, one of the Council of the

Association._

[3] _Lecture on the Game Laws_, by R. Wilson, &c., March 22, 1848.

[4] Ibid.

[5] Ibid.

[6] Address in Mr Welford's _Influences of the Game Laws_.

[7] The statute of 1600, prohibiting hunting and hawking to those who

had not "the revenues requisit in sik pastimes," is plainly one of a

sumptuary tenor, and not properly a game law.

[8] It is right to mention, that there is some discrepancy in the

estimates of Mr Bright's authorities on this point, of whom Mr Gayford

is comparatively moderate; for we have others who, (upon, no doubt,

equally sound data,) think two hares is the proper equivalent; and Mr

Back of Norfolk is convinced that _one_ hare is _worse_ than a sheep;

in other words, that one hare will eat up a statute acre. On the other

hand, Mr Berkeley weighed the _full_ stomachs of a large hare, and

an average Southdown sheep, and found them as one to fifty-five. So

that, if the accounts of Mr Gayford and his _confrères_ are right,

we have arrived at a law in physiological science equally new and

surprising--that the digestive powers of animals increase in a compound

inverse ratio to the capacity of the digestive organs!

[9] _Scotsman_, February 12, 1848.

[10]

| | || || |

| | 1846. || 1847. || |

| | || || Per cent. |

| | Total | Game || Total | Game ||(both years.)|

|Counties. | cases. | cases.|| cases. | cases. || |

| +--------+-------++--------+--------++-------------+

|Aberdeen, | 683 | 2 || 800 | 5 || 0.4 |

|Berwick, | 317 | 10 || 342 | 16 || 3.9 |

|Edinburgh, | 336 | 12 || 475 | 14 || 3.2 |

|Haddington,| 456 | 33 || 572 | 33 || 6.4 |

|Fife, | 862 | 13 || 819 | 6 || 1.1 |

| +--------+-------++--------+--------++-------------+

| Total, | 2654 | 70 || 3008 | 74 || 2.5 |

Compare these facts with the preposterous statements which the latest

orator of the league, Mr M. Crichton, has been repeating to listening

zanies at Greenock, Glasgow, and Edinburgh, that "the commitments

arising from game laws amount to ONE-FOURTH of the whole crime of the

country."

[11] Return of game-law offences during the years 1843-7

| | | | | | |

|Counties. | 1843. | 1844. | 1845. | 1846. | 1847. |

| +-------+--------+--------+--------+--------+

|Berwick, | 14 | 8 | 14 | 10 | 16 |

|Edinburgh, | 41 | 48 | 21 | 12 | 14 |

|Haddington, | 35 | 55 | 23 | 33 | 33 |

|Fife, | 30 | 25 | 19 | 13 | 6 |

| +-------+--------+--------+--------+--------+

| Total, | 120 | 136 | 77 | 68 | 69 |

[12] Evidence, Part i. 1414; ii. 7647, 7651.

[13] Shaw, ii. 147.

DOMINIQUE.

A SKETCH FROM LIFE.

TWO STUDENTS.

At the lower extremity of that ancient street long recognised as the

head and centre of the _Pays Latin_ or scholastic quarter of Paris, and

which, for six centuries, has borne the name of the _Rue de la Harpe_,

within a few doors of the bridge of _St Michel_, and in a room upon the

fifth floor, two young men were seated, on a spring morning of the year

182-. Even had the modest apartment been situated elsewhere than in the

focus of the students' district, its appearance would have prevented

the possibility of mistake as to the character of its inmates. Scanty

furniture, considerably battered, caricatures of student life,

partially veiling the dirty damp-stained paper that blistered upon

the walls, which were also adorned by a pair of foils, a cracked

guitar, and a set of castanets; a row of pegs supporting pipes, empty

bottles in one corner, ponderous octavos thickly coated with dust in

another, told a tale confirmed by the exterior of the occupants of the

apartment. One of these, a young man of two-and-twenty, was evidently

at home, for his feet were thrust into slippers, once embroidered, a

Greek cap covered his head, and a tattered dressing-gown of pristine

magnificence enveloped his slender and active figure. His features were

regular and intelligent, and he had the dark fiery eyes, clustering

black hair, and precociously abundant beard of a native of southern

France. His companion, a young Norman, had nothing particularly

noticeable in his countenance, save a broad open brow and a character

of much shrewdness and perspicacity--qualities possessed in a high

degree by a majority of his fellow provincials. His dress was one of

those nondescript eccentric coats and conical broad-leafed hats at all

times particularly affected by French _studiosi_.

The two young men were seated at either extremity of the low sill of

a tall French window, thrown wide open to admit the pleasant spring

sunshine, into which they puffed, from capacious pipes, wreaths of

thin blue smoke. Their conversation turned upon a crime--or rather a

series of crimes--which occasioned, at that particular moment, much

excitement in Paris, and which will still be remembered by those

persons upon the tablets of whose memory the lapse of a quarter of a

century does not act as a spunge. About three years previously, a young

man named Gilbert Gaudry, of respectable family, liberal education,

and good reputation, had been tried and convicted for the murder of

an uncle, by whose death he largely inherited. The accused man was

in debt, and his embarrassed circumstances prevented his marrying a

woman to whom he was passionately attached; his uncle had recently

refused him pecuniary assistance, upon which occasion Gaudry was heard

to express himself harshly and angrily. Many other circumstances

concurred to throw upon him the odium of the crime; and, altogether,

the evidence, although entirely circumstantial, was so strong against

him, that, in spite of his powerful appeal and solemn denial, the judge

condemned him to death. The sentence had been commuted to the galleys

for life. Three years passed, and the real murderer was discovered--a

discharged servant of the murdered man, who, at the trial, had given

important evidence against Gaudry. The guillotine did its work on the

right offender, and Gaudry's sentence was reversed. But three years

of slavery and opprobrium, of shame, horror, and gnawing sense of

injustice, had wrought terribly upon the misjudged man, inspiring him

with a blind and burning thirst of revenge. Almost his first act, on

finding himself at liberty, was to stab, in broad daylight, and in the

open street, the judge who had condemned him. This time there could be

no question of his guilt, and he would inevitably have been condemned

to death; but, before his trial, he found means of hanging himself in

his cell. This last tragical and shocking incident had occurred but

two days previously, and now furnished the embryo jurists with a theme

for animated discussion. Without vindicating the wretched murderer

and suicide, the young Norman was disposed to find an extenuating

circumstance in the unjust punishment he had endured. But his friend

scouted such leniency, and, taking up high ground, maintained that no

criminal was baser than he who, the victim of judicial error, revenged

himself upon the magistrate who had decided according to the best of

his judgment and conscience, but who, sharing the liability to err of

every human judge, was misled by deceitful appearances or perjured

witnesses.

"Argue it as you will," cried Dominique Lafon; "be plausible and

eloquent, bring batteries of sophisms to the attack, you cannot breach

my solid position. Excuse and extenuation are alike in vain. I repeat

and maintain, that to make a magistrate personally responsible for his

judgments, be they just or unjust, so long as he has kept within the

line of his duty, and acted according to his conscience, is revenge of

the basest and most criminal description."

"Bear in mind," replied Henry la Chapelle, "that I attempt not to

justify the unhappy Gaudry. All I assert is, that injustice excites in

the breast of every man, even of the gentlest, hatred against him by

whom the injustice is done. And its frequent repetition, or the long

continuance of the suffering it occasions, will ultimately provoke,

in nine cases out of ten, an outbreak of revengeful fury. The heart

becomes embittered, the judgment blinded, the mild and beautiful

injunctions of Scripture are forgotten or disregarded, in the gust of

passion and vindictive rage. To offer the left cheek when the right

has been buffeted, is, of all divine precepts, the most difficult

to follow. A man ruined, tortured, or disgraced by injustice, looks

to the sentence, not to the intention, of his judge; taxes him with

precipitation, prejudice, or over-severity, and views revenge as

a right rather than a crime. Doubtless there are exceptions--men

whose Christian endurance would abide by them even unto death; but,

believe me, they are few, very few. The virtues of Job are rare; and

rancour, the vile weed, chokes, in our corrupt age, the meek flower,

resignation."

"A man to whom injustice is really done," said Dominique, "may console

himself with the consciousness of his innocence, which an act of

rancorous revenge would induce many to doubt. The suffering victim

finds sympathy; the fierce avenger excites horror and reprobation."

"Mere words, my dear fellow," replied la Chapelle. "Fine phrases, and

nothing else. You are a theorist, pleading against human nature. What

logic is this? Undeserved punishment is far more difficult to endure

than merited castigation; and an act of revenge should rather plead

in favour of the innocence of him who commits it. In a criminal, the

consciousness that he merited his punishment would leave less room

for hatred than for shame; it would excite vexation at his ill luck,

rather than enduring anger against his judge. There would be exceptions

and variations, of course, according to the moral idiosyncracy of the

individual. It is impossible to establish a mathematical scale for

the workings of human passions. I repeat that I do not justify such

revenge, but I still maintain that to seek it is natural to man, and

that many men, even with less aggravation than was given to Gaudry,

might not have sufficient resolution and virtue to resist the impulse."

"You have but a paltry opinion of your fellow-creatures," said

Dominique. "I am glad to think better of them. And I hold him a weak

slave to the corruption of our nature, who has not strength to repress

the impulse to a deed his conscience cannot justify."

"Admirable in principle," said la Chapelle, smiling, "but difficult

in practice. You yourself, my dear Dominique, who now take so lofty

a tone, and who feel, I am quite sure, exactly as you speak--you

yourself, if I am not greatly mistaken in your character, would be the

last man to sit down quietly under injustice. Your natural ardour and

impetuosity would soon upset your moral code."

"Never!" vehemently exclaimed Dominique. "La Chapelle, never will I

suffer my passions thus to subdue my reason! What gratification of

revenge can ever compensate the loss of that greatest of blessings,

a pure and tranquil conscience? What peace of mind could I hope for,

after permitting such discord between my principles and my actions? La

Chapelle, you wrong me by the thought."

"Well, well," replied his friend, "I may be wrong, and at any rate I

reason in the abstract rather than personally to you. I heartily wish

you never may suffer wrong, or be tempted to revenge. But remember, my

friend, safety is not in over-confidence. The severest assaults are for

the strongest towers."

A knock at the room-door interrupted the conversation. It was the

porter of the lodging-house, bringing a letter that had just arrived

for Dominique. On recognising the handwriting of the address, and the

postmark of Montauban, the young man uttered a cry of pleasure. It was

from home, from his mother. He hastily tore it open. But as he read,

the smile of joy and gratified affection faded from his features, and

was replaced by an expression of astonishment, indignation, grief.

Scarcely finishing the letter, he crumpled it in his hand with a

passionate gesture, and stripping off his dressing-gown began hastily

to dress. With friendly solicitude la Chapelle observed his varying

countenance.

"No bad news, I hope?" he inquired.

For sole reply, Dominique threw him the letter.

MOTHER AND SON.

Dominique Lafon was the son of a man noted for his democratic

principles, who, after holding high provincial office under the

Republic and the Consulate, resigned his functions in displeasure,

when Napoleon grasped an emperor's sceptre, and retired to his native

town of Montauban, where he since had lived upon a modest patrimony.

Under Napoleon, Pascal Lafon had been unmolested; but when the Bourbons

returned, his name, prominent during the last years of the eighteenth

century, rendered him the object of a certain _surveillance_ on the

part of the police of the Restoration. On the occasion of more than

one republican conspiracy, real or imaginary, spies had been set upon

him, and endeavours made to prove him implicated. Once he had even been

conducted before a tribunal, and had undergone a short examination.

Nothing, however, had been elicited that in any way compromised him;

and in a few hours he was again at liberty, before his family knew

of his brief arrest. In reality, Lafon, although still an ardent

republican, was entirely guiltless of plotting against the monarchy,

which he deemed too firmly consolidated to be as yet shaken. France,

he felt, had need of repose before again entering the revolutionary

arena. His firm faith still was, that a time would come when she would

dismiss her kings for ever, and when pure democracy would govern the

land. But before that time arrived, his eyes, he believed, would be

closed in death. He was no conspirator, but he did not shun the society

of those who were; and, moreover, he was not sufficiently guarded in

the expression of his republican opinions and Utopian theories. Hence

it came that, like the Whig in Claverhouse's memoranda, he had a triple

red cross against his name in the note-book of the Bourbon police, who,

at the time now referred to, had been put upon the alert by the recent

assassination of the Duke of Berri. Although the circumstances of that

crime, and the evidence upon Louvel's trial, combined to stamp the

atrocious deed as the unaided act of a fanatic, without accomplices or

ulterior designs, the event had provoked much rigid investigation of

the schemes of political malcontents throughout France; and in several

districts and towns, magistrates and heads of police had been replaced,

as lax and lukewarm, by men of sterner character. Amongst other

changes, the Judge of Instruction at Montauban had had a successor

given him. The new magistrate was preceded by a reputation of great

vigilance and severity--a reputation he lost no time in justifying. By

the aid of a couple of keen Parisian police agents of the _Procureur

du Roi_, whom he stimulated to increased activity, he soon got upon

the scent of a republican conspiracy, of which Montauban was said to

be a principal focus. Various reports were abroad as to the manner in

which Monsieur Noell, the new judge, had obtained his information. Some

said, the plotters had been betrayed by the mistress of one of them,

in a fit of jealous fury at a fancied infidelity of her lover; others

declared, that hope of reward had quickened the invention of a police

spy, who, despairing of discovering a conspiracy, had applied himself

to fabricate one. Be that as it might, a number of arrests took place,

and, amongst others, that of Dominique's father. The intelligence of

this event was conveyed to the young student in a few despairing lines

from his mother, whose health, already very precarious, had suddenly

given way under the shock of her husband's imprisonment. She wrote from

a sick-bed, imploring her son to lose no time in returning to Montauban.

Gloomy were the forebodings of Dominique as the mail rattled him over

the weary leagues of road between Paris and Montauban. Yet, when he

reached home, he half hoped to be greeted by his father's friendly

voice, for, himself convinced of his innocence, he could not believe

the authorities would be long in recognising it. He was disappointed.

The sorrowful mien of the domestic who opened the door told a tale of

misfortune.

"Oh, Monsieur Dominique!" said the man, an old servant, who had known

the student from his cradle, "the house is not wont to be so sad when

you return."

"My mother! where is my mother?" cried Dominique. The next instant he

was at her bedside, clasping her poor thin fingers, and gazing in agony

on her emaciated features. A few days of intense alarm and anxiety,

acting on an exquisitely susceptible organisation, had done the work

of months of malady. A slow fever was in her veins, undermining her

existence. Dominique shuddered at sight of her sunken temples, and of

the deep dark furrows below her eyes. It seemed as if the angel of

death had already put his stamp upon that beloved countenance. But he

concealed his mental anguish, and spoke cheeringly to the invalid.

She told him the particulars of his father's arrest. She had already

written to some friends, sent for others, and had done all in her power

to ascertain exactly the offences of which Lafon was accused; but the

persons who had made the inquiries had been put off with generalities,

and none had obtained access to the prisoner, who was in solitary

confinement.

Dominique Lafon was tenderly attached to both his parents. Upon him,

their only child, their entire affection was concentrated and lavished.

They had made him their companion even from his earliest years, had

tended him with unwearying solicitude through his delicate infancy,

had devoted themselves to his education when he grew older, and had

consented with difficulty and regret to part from him, when his arrival

at man's estate rendered it desirable he should visit the capital for

the conclusion of his studies. Dominique repaid their care with devoted

love. His father's consistency and strength of character inspired

him with respect; he listened to his precepts with veneration and

gratitude; but he idolised his mother, whose feminine graces and tender

care were intertwined with the sweetest reminiscences of childhood's

happy days. He now strove to repay some portion of his debt of filial

love by the most unwearying attendance at the invalid's pillow. His

arrival brought a gleam of joy and hope to the sick woman's brow,

but the ray was transient, and quickly faded. The vital flame had

sunk too low to revive again permanently. She grew weaker and weaker,

and felt that her hour approached. But her spirit, so soon to appear

before her Maker, yet clung to an earthly love. Whilst striving to

fix her thoughts on things heavenly, they still dwelt upon him by

whose side she had made life's checkered pilgrimage. She wrung her

hands in agony at the thought that she must leave the world without

bidding him a last farewell. She asked but a moment to embrace him

who, for five-and-twenty years, had been her guardian and protector,

her tenderest friend and companion. Dominique could not endure the

spectacle of her grief. He left the house to use every endeavour to

obtain for her the indulgence she so ardently desired.

The first person to whom he applied was the Judge of Instruction,

Monsieur Noell. Provided with a medical certificate of his mother's

dying state, he obtained admission to that magistrate's cabinet. He

found a tall thin man, with harsh strongly marked features, and a

forbidding expression of countenance. The glazed stare of his cold

gray eyes, and the cruel lines about his mouth, chilled Dominique's

hopes, and almost made him despair of success. The youth preferred

his request, however, with passionate earnestness, imploring that his

father might be allowed to leave his prison for a single hour, under

good guard, to visit the bedside of his expiring wife, in presence of

such witnesses as the authorities would think proper to name. The reply

to this prayer was a formal and decided negative. Until the prisoner

Lafon had undergone a second examination, no one could be admitted to

see him under any pretext whatever. That examination was not to take

place for at least a week. Dominique was very sure, from what the

physicians had told him, that his mother could not survive for a third

of that time.

The frigid manner and unsympathising tone of the magistrate, and

the uncourteous brevity of his refusal, grated so unpleasantly upon

the irritated feelings of the student, that he had difficulty in

restraining a momentary anger. In less imminent circumstances, his

pride would have prevented his persisting in a petition thus unkindly

rejected, but the thought of his dying mother brought patience and

humility to his aid. Warmly, but respectfully, he reiterated his suit.

The magistrate was a widower, but he had children, to whom report said

he was devotedly attached. Harsh and rigid in his official duties,

in his domestic circle he was said to be the tenderest of fathers.

Dominique had heard this, and availed of it in pleading his suit.

"You have children, sir!" he said; "you can picture to yourself the

grief you would feel were your deathbed unblessed by their presence.

How doubly painful must be the parting agony, when the ear is unsoothed

by the voice of those best beloved, when no cherished hand is there

to prop the sinking head, and close the eyes for ever on this world

and its sufferings! Refuse not my father the consolation of a last

interview with his dying wife! Have compassion on my poor mother's

agony! Suffer her to breathe her last between the two beings who share

all her affection! So may your own deathbed be soothed by the presence

of those you most dearly love!"

Doubtless Monsieur Noell's ear was well used to such pleadings, and

his heart was hardened by a long course of judicial severity. His

glance lost nothing of its habitual cold indifference, as he replied to

Dominique's passionate entreaties with a decided negative.

"I must repeat my former answer," he said; "I neither can nor will

grant the indulgence you require. And now I will detain you no longer,

as you may perhaps make use of your time to greater advantage in other

quarters."

He rose from his chair, and remained standing till Dominique left

the room. The tone of his last words had wellnigh crushed hope in

the young man's bosom. But as long as a possibility remained, the

student pursued it. He betook himself to the _Procureur du Roi_, whose

office constituted him public prosecutor in cases of this kind. That

functionary declared himself incompetent, until the prisoner should

have undergone another examination. Until then, the only appeal from

the judge was to the minister of justice. Dominique instantly drew

up and forwarded a petition; but before it reached Paris, his mother

breathed her last. She met her death, preceded and attended by acute

sufferings, with the resignation of a martyr. But even after the

last sacrament of her religion had been administered, and when she

earnestly strove to fix her mind on eternity, to the exclusion of

things temporal, the thought of her husband, so long and tenderly

beloved, and absent at this supreme hour, intruded itself upon her

pious meditations, brought tears to her eyes, and drew heartrending

sobs from her bosom; her last sigh was for him, her latest breath

uttered his name. This fervent desire, so cruelly thwarted, those tears

of deferred hope and final profound disappointment, were inexpressibly

painful to contemplate. Upon Dominique, whose love for his mother was

so deep and holy, they made a violent impression. Bitter were his

feelings as he sat beside her couch when the spirit had fled, and gazed

upon her clay-cold features, whereon there yet lingered a grieved and

suffering expression. And later, when the earth had received her into

its bosom, that pallid and sorrowful countenance was ever before his

eyes. In his dreams he heard his mother's well-known voice, mournfully

pronouncing the name of her beloved husband, and praying, as she had

done in the last hours of her life, that she might again behold him

before she departed. Nor were these visions dissipated by daylight.

They recurred to his excited imagination, and kindled emotions of

fierce hatred towards the man who had had it in his power to smooth his

mother's passage from life to death, and who had wantonly refused the

alleviation. Nay more; convinced of his father's innocence, Dominique

considered the judge who had thrown him into prison as in some sort

his mother's murderer. He had accelerated her decease, and thrown gall

into the cup it is the lot of every mortal to drain. The physicians

had declared anxiety of mind to be the immediate cause of her death.

Dominique brooded over this declaration, and over the misfortunes that

had so suddenly overtaken him, until he came to consider M. Noell as

much an assassin as if he had struck a dagger into his mother's heart.

"What matter," he thought, "whether the wound be dealt to body or to

soul, so long as it slays?" He had nothing to distract his thoughts

from dwelling upon and magnifying the wrongs that had deprived him

of both parents, one by death, the other by an imprisonment whose

termination he could not foresee. At times his melancholy was broken by

bursts of fury against him he deemed the cause of his misfortunes.

"Could I but see him die!" he would exclaim, "the cold-blooded

heartless tyrant--die alone, childless, accursed, without a friendly

hand to wipe the death-sweat from his face! Then, methinks, I could

again be happy, when his innocent victim was thus revenged. Alas, my

mother!--my poor, meek, long-suffering mother,--must your death go

unrequited? For what offence was your life taken as atonement? By what

vile distortion of justice did this base inquisitor visit upon your

innocent head a transgression that never was committed?"

Meanwhile the captivity of the elder Lafon was prolonged. A second

examination relaxed nothing of his jailor's severity, and his son's

applications to see him were all rejected. Dominique wrote to his

father, but he received no answer; and he afterwards learned that his

letter had not been delivered when sent, but had been detained by

Noell, who, finding nothing criminatory in its contents, had subjected

it, with characteristic suspicion, to chemical processes, in hopes

to detect writing with sympathetic ink, and had finally made it

accessory to an attempt to extort a confession from the prisoner. This

information, obtained from an understrapper of the prison by means of a

large bribe, raised Dominique's exasperation to the highest pitch.

"Gracious Heaven!" he exclaimed, "are such things to be endured in

silence and submission? Has human justice iron scourges for nominal

offences,--honours and rewards for real crimes? On a false accusation

my father pines in a dungeon, whilst my mother's murderer walks

scatheless and exalted amongst his fellows; but if the laws of man are

impotent to avenge her death, who shall blame her son for remembering

her dying agony, and requiting it on those who aggravated her

sufferings?"

And he walked forth, pondering vengeance. Unconsciously his steps

took the direction of the prison. Long he stood, with folded arms and

lowering brow, gazing at the small grated aperture that gave light

and air to his father's cell, and hoping to see his beloved parent

look out and recognise him. He gazed in vain: twilight came, night

followed, no one appeared at the window. Dominique knew not that it

was high above the prisoner's reach. He returned home, fancying his

father ill, nourishing a thousand bitter thoughts, and heaping up

fresh hatred against the author of so much misery. That night Michel,

the old servant, came twice to his room door, to see what ailed him,

since, instead of retiring to rest, he unceasingly paced the apartment.

Dominique dismissed the faithful fellow to his bed, and resumed

his melancholy walk. But in the morning he was so pale and haggard

that Michel slipped out to ask the family physician to call in _by

accident_. When he returned, Dominique had left the house. In great

alarm--for his young master's gloomy despondency at once suggested fear

of suicide--Michel tracked his steps. His fears proved unfounded. With

some trouble he ascertained that Dominique had quitted the town on the

top of a passing diligence, with a valise for sole baggage, and without

informing any one of the object of his journey.

THE DOUBLE DUEL.

Antony Noell, the judge, had three children, and report lied not when

it said that he was tenderly attached to them. A harsh and unfeeling

man in his official capacity, and in the ordinary affairs of life,

all the softer part of his nature seemed to have resolved itself into

paternal affection. His two sons were students at the university of

Toulouse; his youngest child, a blooming maiden of twelve, still

brightened his home and made his heart joyful, although she soon was

to leave him to finish her education in a convent. The two students

were gay handsome lads, but somewhat dissipated; fonder of the bottle

and the billiard-room than of grave lectures and dry studies. They

were in small favour with their pedagogues, but in high repute with

their fellow collegians; whilst peaceable citizens and demure young

ladies regarded them with mingled aversion, interest, and curiosity, on

account of certain mad pranks, by which, during their first half-year's

residence, they had gained a certain notoriety in the quiet city of

Toulouse.

It happened one night, as the brothers came both flushed with play and

wine from their accustomed coffeehouse on the Place du Capitole, that

Vincent, the elder of the two, stumbled over the feet of a man who sat

upon one of the benches placed outside the establishment. The passage

through the benches and tables was narrow; and the stranger, having

thrust his legs nearly across it, had little reason to complain of the

trifling offence offered him. Nevertheless he jumped to his feet and

fiercely taxed young Noell with an intentional insult. Noell, full of

good humour and indifferent wine, and taking his interlocutor for a

fellow student, made a jesting reply, and seizing one of the stranger's

arms, whilst his brother Martial grasped the other, dragged him into

the lamp-light to see who he was. But the face they beheld was unknown

to them; and scarcely had they obtained a glimpse at it when its owner

shook them off, applying to them at the same time a most injurious

epithet. The students would have struck him, but he made a pace

backwards, and, seizing a heavy chair which he whirled over his head as

though it had been a feather, he swore he would dash out the brains of

the first who laid a finger on him.

"I do not fight like a water-carrier," he said, "with fists and

feet; but if you are as ready with your swords as you are with your

insolence, you shall not long await satisfaction."

And offering a card, which was at once accepted, he received two in

return. The disputants then separated; and as soon as the Noells turned

out of the square, they paused beneath a lamp to examine the card they

had received. Inscribed upon it was the name of Dominique Lafon.

It was too late, when this quarrel occurred, for further steps to

be taken that night; but early on the following morning Dominique's

second, a young lawyer whom he had known during his studies at Paris,

had an interview with the friends appointed by the Noells to act on

their behalf. The latter anticipated a duel with swords, and were

surprised to find that Dominique, entitled, as the insulted party,

to fix the weapon, selected the more dangerous and less usual one of

pistols. They could not object, however, and the meeting was fixed for

the next day; the arrangement being that both brothers should come upon

the ground, and that, if Dominique was unhurt in the first encounter,

the second duel should immediately succeed it.

In a secluded field, to the right of the pleasant road from Toulouse

to Albi, and at no great distance from the tumulus on whose summit a

stone pillar commemorates Soult's gallant resistance to Wellington's

conquering forces, the combatants met at the appointed hour, and

saluted each other with cold courtesy. Dominique was pale, but his

hand and eye were steady, and his pulse beat calmly. The two Noells

were cheerful and indifferent, and bore themselves like men to whom

encounters of this kind were no novelty. The elder brother took the

first turn. The seconds asked once more if the affair could not be

peaceably arranged; but, receiving no answer, they made the final

arrangements. Two peeled willow rods were laid upon the ground, six

yards apart. At ten yards from either of these the duellists were

placed, making the entire distance between them six and twenty yards;

and it was at their option, when the seconds gave the word, either to

advance to the barrier before firing, or to fire at once, or from any

intervening point.

The word was given, and the antagonists stepped out. Vincent Noell took

but two paces, halted and fired. He had missed. Dominique continued

steadily to advance. When he had taken five paces, the seconds looked

at each other, and then at him, as if expecting him to stop. He took no

notice, and moved on. It was a minute of breathless suspense. In the

dead silence, his firm tread upon the grass was distinctly audible.

He paused only when his foot touched the willow wand. Then he slowly

raised his arm, and fired.

The whirling smoke prevented him for an instant from discerning the

effect of his shot, but the hasty advance of the seconds and of two

surgeons who had accompanied them to the field, left him little doubt

that it had told. It had indeed done so, and with fatal effect. The

unhappy Vincent was bathed in his blood. The surgeons hastened to

apply a first dressing, but their countenances gave little hope of a

favourable result.

Blackwood's Edinburgh Magazine, Vol. 66, No 405, July 1849 · 第 5 / 7 章