The nest of this species is always placed in the upper branches of the tallest trees. I thought it gave the preference to those tall and splendid magnolias and white oaks, which adorn our Southern States. The nest resembles that of the dilapidated tenement of the Common American Crow, and is formed of sticks slightly put together, along with branches of Spanish moss (Usnea), pieces of vine bark, and dried leaves. The eggs are two or three, almost globular, of a light greenish tint, blotched thickly over with deep chocolate-brown and black. Only one brood is raised in the season, and I think the female sits more than half the time necessary for incubation. The young I also think obtain nearly the full plumage of the old bird before they depart from us, as I have examined these birds early in August, when the migration was already begun, without observing much difference in their general colour, except only in the want of firmness in the tint of the young ones.

Once, early in the month of May, I found a nest of this bird placed on a fine tall white oak near a creek, and observed that the female was sitting with unceasing assiduity. The male I saw bring her food frequently. Not being able to ascend the tree, I hired a Negro, who had been a sailor for some years, to climb it and bring down the eggs or young. This he did by first mounting another tree, the branches of which crossed the lower ones of the oak. No sooner had he reached the trunk of the tree on which the nest was placed, than the male was seen hovering about and over it in evident displeasure, screaming and sweeping towards the intruder the higher he advanced. When he attained the branch on which the nest was, the female left her charge, and the pair, infuriated at his daring, flew with such velocity, and passed so close to him, that I expected every moment to see him struck by them. The black tar, however, proceeded quietly, reached the nest, and took out the eggs, apprising me that there were three. I requested him to bring them down with care, and to throw off the nest, which he did. The poor birds, seeing their tenement cast down to the ground, continued sweeping around us so low and so long, that I could not resist the temptation thus offered of shooting them.

The Mississippi Kite is by no means a shy bird, and one may generally depend on getting near it when alighted; but to follow it while on wing were useless, its flight being usually so elevated, and its sweeps over a field or wood so rapid and varied, that you might spend many hours in vain in attempting to get up with it. Even when alighted, it perches so high, that I have sometimes shot at it, without producing any other effect than that of causing it to open its wings and close them again, as if utterly ignorant of the danger to which it had been exposed, while it seemed to look down upon me quite unconcerned. When wounded, it comes to the ground with great force, and seldom attempts to escape, choosing rather to defend itself, which it does to the last, by throwing itself on its back, erecting the feathers of its head, screaming loudly in the manner of the Pigeon Hawk, disgorging the contents of its stomach, stretching out its talons, and biting or clenching with great vigour. It is extremely muscular, the flesh tough and rigid.

These birds at times search for food so far from the spot where their nest has been placed, that I have on several occasions been obliged to follow their course over the woods, as if in search of a wild bee's hive, before I could discover it. There is scarcely any perceptible difference between the sexes as to size, and in colour they are precisely similar, only the female has less of the ferruginous colour on her primaries than the male. The stomach is thin, rugous, and of a deep orange colour.

Falco plumbeus, Gmel. Syst. Nat. vol. i. p. 283.—Lath. Index Ornith. vol. i. p. 49.—Ch. Bonaparte, Synops. of Birds of the United States, p. 90.—Nuttall, Manual, vol. i. p. 92.

Mississippi Kite, Falco Mississippiensis, Wils. Amer. Ornith. vol. iii. p. 80. fig. 1. Male.

Adult Male. Plate CXVII. Fig. 1.

Bill short, as broad as deep at the base, the sides convex, the dorsal outline convex from the base; upper mandible cerate, the edges sharp, with an obtuse lobe towards the curvate, the tip trigonal, deflected, very acute; lower mandible inflected at the edges, rounded at the end. Nostrils round, lateral, basal, with a central papilla. Head rather large, the general form robust. Legs of moderate length, strong; tarsus stout, covered anteriorly with scutella, rounded behind; toes scutellate above, scaly on the sides, scabrous and tuberculate beneath; middle and outer toe connected at the base by a small membrane; claws roundish, curved, very acute.

Plumage compact, imbricated; feathers of the head narrow, pointed, and rather loose; tibial feathers elongated. Wings long and pointed, the third quill longest. Tail long, straight, retuse.

Bill black, as are the cere, lore, and a narrow band round the eye. Iris blood-red. Feet purplish, the scutella deep red; claws black. The head, the neck all round, and the under parts in general bluish-white. The back and wing-coverts are of a dark leaden colour, the ends of the secondary coverts white. The primaries black, margined externally with bright bay; the tail also deep black, as is the rump.