CHAPTER I.
GAME AND ITS PROTECTION.
By the ancient law of 1 and 2 William IV., chap. 32, under the designation of game, were included “hares, pheasants, partridges, grouse, heath or moor game, black game, and bustards.”
Hunting and hawking date back to the earliest days of knight-errantry, when parties of cavaliers and ladies fair, mounted on their mettlesome steeds caparisoned with all the skill of the cunning artificers of those days, pursued certain birds of the air with the falcon, and followed the royal stag through the well preserved and extensive forests with packs of hounds. The term game, therefore, had an early significance and positive application, but was confined to the creatures pursued in one or the other of these two modes.
The gun was first used for the shooting of feathered game in the early part of the eighteenth century; it soon became the favorite implement of the sportsman, and was brought into use, not only against the birds, but the beasts, of game. The huntsman no longer depends upon his brave dog and cloth-yard shaft, but upon his own powers of endurance and of marksmanship. Instead of watching the savage falcon strike his prey far up in the heavens, he follows his high-bred setters, till their wonderful natural instinct betrays to him the presence of the game.
Where he once rode after the yelping pack, sounding the merry notes of his bugle horn, he now climbs and crawls laboriously, until he brings the wary stag within range of the deadly rifle. No more brilliant parties of lovely dames and gallant men, chatting merrily on the incidents of the day, ride gaily decked steeds; no more the luxury of the beautiful faces and pleasant companionship of the gentler sex is to be enjoyed; the ladies of modern times—except in England, where they occasionally follow foxes, which are rather vermin than game—preferring the excitement of ball-room flirtations to outdoor sports and pleasures, take no part in the pursuits of the chase.
Together with the change in the mode of capturing game, comes a necessity for a change in its former restricted meaning. Who would think of not including among game birds, the gamest of them all—the magnificent woodcock; nor the stylish English snipe, nor even possibly the brave little quail—unless he can be scientifically proved to be a partridge—which is at least doubtful! Migratory birds were not included in the sacred list, and the quail in England, as the woodcock and snipe of both England and America, are migratory, although the mere temporary character of their residence does not, in our view, at all alter the nature of their claims. The larger European woodcock is by no means so delicious or highly flavored a bird as our yellow-breasted, round-eyed beauty, and is much scarcer; while the foreign quail, on the other hand, is smaller than ours, and in southern Europe is found in vast flocks; but both are entitled to high rank among modern sportsmen.
The term Game Birds, therefore, should be, and has been by general consent, greatly extended in its application, and applied to all the numerous species which, whether migratory or not, are killed not alone for the market, but for sport; and which are followed on the stubble fields, in brown November, with the strong-limbed and keen-nosed setter, or shot from blind in scorching August; slain from battery in freezing December, or chased in a boat, or misled by decoys. All wild birds that furnish sport as well as profit are therefore game; and the gentle dowitchers along our sea-coast, lured to the deceitful stools, are as much entitled to the name as the stately ruffed grouse of our wild woods, or the royal turkey of the far west.
To constitute a legitimate object of true sport, the bird must be habitually shot on the wing, and the greater the skill required in its capture, the higher its rank. The turkey, therefore, although frequently killed on the wing, is more a game bird by sufferance than by right, and partly from his gastronomic as well as from his other qualities. Under this classification, then, we must include, not merely the ruffed and pinnated grouse, which, although the only species in our country coming within the ancient definition, furnish far less sport than many other varieties, but woodcock, snipe, quail, geese, ducks, bay birds, plover, and rail; without regard to the fact that all, except the quail, are migratory, and most were unknown to our British ancestry. It has been even supposed that the quail, in parts of our country free from deep rivers and impassable barriers, are also in a measure migratory; but this has no other foundation than their habit of wandering from place to place in search of food, and collecting late in the season, as they will do where they are numerous and undisturbed in large packs.
To the protection of this vast variety of game it is the sportsman’s duty to address himself, in spite of the opposition of the market-man and restaurateur, the mean-spirited poaching of the pot-hunter, and the lukewarmness of the farmer. The latter can be enlisted in the cause; he has indirectly the objects of the sportsman at heart; and with proper enlightenment will assist, not merely to preserve his fields from ruthless injury, but to save from destruction his friends the song-birds.
As the true sportsman turns his attention only to legitimate sport, destroying those birds that are but little if at all useful to the farmer; and as at the same time, out of gratitude for the kindness with which the latter generally receives him, he is careful never to invade the high grass or the ripening grain—so also, from his innate love of nature, and of everything that makes nature more beautiful, he spares and defends the warblers of the woods and the innocent worm-devourers that stand guardian over the trees and crops. The smaller birds destroy immense numbers of worms; cedar-birds have been known to eat hundreds of caterpillars, and in this city have cleared the public squares in a morning’s visit of the disgusting measuring-worms, that were hanging by thousands pendent from the branches. And who has not heard the “woodpecker tapping” all day long in pursuit of his prey?