THE UPRIGHT MAGISTRATE.

There is hardly any petty mischief that is not connected with the life of a poacher. Mr. Wilson was aware of this; he was not only a pious clergyman, but an upright justice. He used to say, that people who were truly conscientious, must be so in small things as well as in great ones, or they would destroy the effect of their own precepts, and their example would not be of general use. For this reason he never would accept of a hare or a partridge from any unqualified person in his parish. He did not content himself with shuffling the thing off by asking no questions, and pretending to take it for granted in a general way that the game was fairly come at; but he used to say, that by receiving the booty he connived at a crime, made himself a sharer in it, and if he gave a present to the man who brought it, he even tempted him to repeat the fault.

One day poor Jack Weston, an honest fellow in the neighborhood, whom Mr. Wilson had kindly visited and relieved in a long sickness, from which he had but just recovered, was brought before him as he was sitting on the justice's bench. Jack was accused of having knocked down a hare; and of all the birds in the air, who should the informer be but Black Giles the poacher. Mr. Wilson was grieved at the charge; he had a great regard for Jack, but he had a still greater regard for the law. The poor fellow pleaded guilty. He did not deny the fact, but said he did not consider it a crime, for he did not think game was private property, and he owned he had a strong temptation for doing what he had done, which he hoped would plead in his excuse. The justice desired to know what this temptation was.

"Sir," said the poor fellow, "you know I was given over this spring in a bad fever. I had no friend in the world but you, sir. Under God, you saved my life by your charitable relief; and I trust also you may have helped to save my soul by your prayers and your good advice; for, by the grace of God, I have turned over a new leaf since that sickness.

"I know I can never make you amends for all your goodness; but I thought it would be some comfort to my full heart if I could but once give you some little token of my gratitude. So I had trained a pair of nice turtledoves for Madam Wilson; but they were stolen from me, sir, and I do suspect Black Giles stole them. Yesterday morning, sir, as I was crawling out to my work, for I am still but very weak, a fine hare ran across my path. I did not stay to consider whether it was wrong to kill a hare, but I felt it was right to show my gratitude; so, sir, without a moment's thought, I did knock down the hare, which I was going to carry to your worship, because I knew madam was fond of hare. I am truly sorry for my fault, and will submit to whatever punishment your worship may please to inflict."

Mr. Wilson was much moved with this honest confession, and touched with the poor fellow's gratitude. What added to the effect of the story, was the weak condition, and pale, sickly looks of the offender. But this worthy magistrate never suffered his feelings to bias his integrity; he knew that he did not sit on that bench to indulge pity, but to administer justice. And while he was sorry for the offender, he would never justify the offence.

"John," said he, "I am surprised that you could for a moment forget that I never accept any gift which causes the giver to break a law. On Sunday I teach you from the pulpit the laws of God, whose minister I am. At present I fill the chair of the magistrate, to enforce and execute the laws of the land. Between these and the others there is more connection than you are aware. I thank you, John, for your affection to me, and I admire your gratitude; but I must not allow either affection or gratitude to be brought as a plea for a wrong action. It is not your business nor mine, John, to settle whether the game-laws are good or bad. Till they are repealed we must obey them. Many, I doubt not, break these laws through ignorance, and many, I am certain, who would not dare to steal a goose or a turkey, make no scruple of knocking down a hare or a partridge. You will hereafter think yourself happy that this your first attempt has proved unsuccessful, as I trust you are too honest a fellow ever to intend to turn poacher. With poaching much more evil is connected: a habit of nightly depredation, a custom of prowling in the dark for prey, produces in time a disrelish for honest labor. He whose first offence was committed without much thought or evil intention, if he happens to succeed a few times in carrying off his booty undiscovered, grows bolder and bolder; and when he fancies there is no shame attending it, he very soon gets to persuade himself that there is also no sin. While some people pretend a scruple about stealing a sheep, they partly live by plundering of warrens. But remember, that the warrener pays a high rent, and that therefore his rabbits are as much his property as his sheep. Do not then deceive yourselves with these false distinctions. All property is sacred; and as the laws of the land are intended to fence in that property, he who brings up his children to break down any of these fences, brings them up to certain sin and ruin. He who begins with robbing orchards, rabbit-warrens, and fish-ponds, will probably end with horsestealing, or highway robbery. Poaching is a regular apprenticeship to bolder crimes. He whom I may commit as a boy to sit in the stocks for killing a partridge, may be likely to end at the gallows for killing a man.

"Observe, you who now hear me, the strictness and impartiality of justice. I know Giles to be a worthless fellow, yet it is my duty to take his information; I know Jack Weston to be an honest youth, yet I must be obliged to make him pay the penalty. Giles is a bad man, but he can prove this fact; Jack is a worthy lad, but he has committed this fault. I am sorry for you, Jack; but do not let it grieve you that Giles has played worse tricks a hundred times, and yet got off, while you were detected in the very first offence, for that would be grieving because you are not so great a rogue as Giles. At this moment you think your good luck is very unequal; but all this will one day turn out in your favor. Giles is not the more a favorite of heaven because he has hitherto escaped Botany Bay or the hulks; nor is it any mark of God's displeasure against you, John, that you were found out in your very first attempt."

Here the good justice left off speaking, and no one could contradict the truth of what he had said. Weston humbly submitted to his sentence, but he was very poor, and knew not where to raise the money to pay his fine. His character had always been so fair, that several farmers present kindly agreed to advance a trifle each, to prevent his being sent to prison, and he thankfully promised to work out the debt. The justice himself, though he could not soften the law, yet showed Weston so much kindness, that he was enabled, before the year was out, to get out of this difficulty. He began to think more seriously than he had ever yet done, and grew to abhor poaching, not merely from fear but from principle.

We shall soon see whether poaching Giles always got off so successfully. Here we have seen that worldly prosperity is no sure sign of goodness; and that "the triumphing of the wicked is short," will appear in the second part of the Poacher, containing the entertaining story of the Widow Brown's Apple-tree.