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.
| Counties. | 1846. | 1847. | Per cent. (both years.) | ||
| Total cases. | Game cases. | Total cases. | Game 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.