An ingenious philosopher has lately denied, that animals can enter into contracts, and thinks this an essential difference between them and the human creature:—but does not daily observation convince us, that they form contracts of friendship with each other, and with mankind? When puppies and kittens play together, is there not a tacit contract, that they will not hurt each other? And does not your favorite dog expect you should give him his daily food, for his services and attention to you? And thus barters his love for your protection? In the same manner that all contracts are made amongst men, that do not understand each others arbitrary language.
Construction of their Nests.
[1]. They seem to be instructed how to build their nests from their observation of that, in which they were educated, and from their knowledge of those things, that are most agreeable to their touch in respect: to warmth, cleanliness, and stability. They choose their situations from their ideas of safety from their enemies, and of shelter from the weather. Nor is the colour of their nests a circumstance unthought of; the finches, that build in green hedges, cover their habitations with green moss; the swallow or martin, that builds against rocks and houses, covers her's with clay, whilst the lark chooses vegetable straw nearly of the colour of the ground she inhabits: by this contrivance, they are all less liable to be discovered by their adversaries.
[2]. Nor are the nests of the same species of birds constructed always of the same materials, nor in the same form; which is another circumstance that ascertains, that they are led by observation.
In the trees before Mr. Levet's house in Lichfield, there are annually nests built by sparrows, a bird which usually builds under the tiles of houses, or the thatch of barns. Not finding such convenient situations for their nests, they build a covered nest bigger than a man's head, with an opening like a mouth at the side, resembling that of a magpie, except that it is built with straw and hay, and lined with feathers, and so nicely managed as to be a defence against both wind and rain.
The following extract from a Letter of the Rev. Mr. J. Darwin, of Carleton Scroop in Lincolnshire, authenticates a curious fact of this kind. "When I mentioned to you the circumstance of crows or rooks building in the spire of Welbourn church, you expressed a desire of being well informed of the certainty of the fact. Welbourn is situated in the road from Grantham to Lincoln on the Cliff row; I yesterday took a ride thither, and enquired of the rector, Mr. Ridgehill, whether the report was true, that rooks built in the spire of his church. He assured me it was true, and that they had done so time immemorial, as his parishioners affirmed. There was a common tradition, he said, that formerly a rookery in some high trees adjoined the church yard, which being cut down (probably in the spring, the building season), the rooks removed to the church, and built their nests on the outside of the spire on the tops of windows, which by their projection a little from the spire made them convenient room, but that they built also on the inside. I saw two nests made with sticks on the outside, and in the spires, and Mr. Ridgehill said there were always a great many.
"I spent the day with Mr. Wright, a clergyman, at Fulbeck, near Welbourn, and in the afternoon Dr. Ellis of Headenham, about two miles from Welbourn, drank tea at Mr. Wright's, who said he remembered, when Mr. Welby lived at Welbourn, that he received a letter from an acquaintance in the west of England, desiring an answer, whether the report of rooks building in Welbourn church was true, as a wager was depending on that subject; to which he returned an answer ascertaining the fact, and decided the wager." Aug. 30, 1794.
So the jackdaw (corvus monedula) generally builds in church-steeples, or under the roofs of high houses; but at Selbourn, in Southamptonshire, where towers and steeples are not sufficiently numerous, these birds build in forsaken rabbit burrows. See a curious account of these subterranean nests in White's History of Selbourn, p. 59. Can the skilful change of architecture in these birds and the sparrows above mentioned be governed by instinct? Then they must have two instincts, one for common, and the other for extraordinary occasions.
I have seen green worsted in a nest, which no where exists in nature: and the down of thistles in those nests, that were by some accident constructed later in the summer, which material could not be procured for the earlier nests: in many different climates they cannot procure the same materials, that they use in ours. And it is well known, that the canary birds, that are propagated in this country, and the finches, that are kept tame, will build their nests of any flexile materials, that are given them. Plutarch, in his Book on Rivers, speaking of the Nile, says, "that the swallows collect a material, when the waters recede, with which they form nests, that are impervious to water." And in India there is a swallow that collects a glutinous substance for this purpose, whose nest is esculent, and esteemed a principal rarity amongst epicures, (Lin. Syst. Nat.) Both these must be constructed of very different materials from those used by the swallows of our country.
In India the birds exert more artifice in building their nests on account of the monkeys and snakes: some form their pensile nests in the shape of a purse, deep and open at top; others with a hole in the side; and others, still more cautious, with an entrance at the very bottom, forming their lodge near the summit. But the taylor-bird will not ever trust its nest to the extremity of a tender twig, but makes one more advance to safety by fixing it to the leaf itself. It picks up a dead leaf, and sews it to the side of a living one, its slender bill being its needle, and its thread some fine fibres; the lining consists of feathers, gossamer, and down; its eggs are white, the colour of the bird light yellow, its length three inches, its weight three sixteenths of an ounce; so that the materials of the nest, and the weight of the bird, are not likely to draw down an habitation so slightly suspended. A nest of this bird is preserved in the British Museum, (Pennant's Indian Zoology). This calls to one's mind the Mosaic account of the origin of mankind, the first dawning of art there ascribed to them, is that of sewing leaves together. For many other curious kinds of nests see Natural History for Children, by Mr. Galton. Johnson. London. Part I. p. 47. Gen. Oriolus.