common vultures, tells you he is the governor of the carrion crows. The Spaniards have also observed it, for, through all the Spanish Main, he is called Rey de Zamuros, king of the vultures.'-(p. 146.)

This, we think, explains satisfactorily the origin of kingly government. As men have learnt from the dog the physic of the field,' they may probably have learnt from the vulture those high lessons of policy upon which, in Europe, we suppose the whole happiness of society, and the very existence of the human race, to depend.

Just before his third journey, Mr. Waterton takes leave of Sir Joseph Banks, and speaks of him with affectionate regret. I saw,' (says Mr. W.) with sorrow, that death was going to rob us of him. We talked of stuffing quadrupeds; I agreed that the lips and nose ought to be cut off, and stuffed with wax.' This is the way great naturalists take an eternal farewell of each other! Upon stuffing animals, however, we have a word to say. Mr. Waterton has placed at the head of his book the picture of what he is pleased to consider a nondescript species of monkey. In this exhibition our author is surely abusing his stuffing talents, and laughing at the public. It is clearly the head of a master in chancery-whom we have often seen backing in the House of Commons after he has delivered his message. It is foolish thus to trifle with science and natural history. Mr. Waterton gives an interesting account of the sloth, an animal of which he appears to be fond, and whose habits he has studied with peculiar attention.

Some years ago I kept a sloth in my room for several months. I often took him out of the house and placed him upon the ground, in order to have an opportunity of observing his motions. If the ground were rough, he would pull himself forwards, by means of his fore legs, at a pretty good pace; and he invariably shaped his course towards the nearest tree. But if I put him upon a smooth and well-trodden part of the road, he appeared to be in trouble and distress: his favourite abode was the topmost part of it, he would hang there for hours together, and often, with a low and inward cry, would seem to invite me to take notice of him.'-(p. 164.)

The sloth, in its wild state, spends its life in trees, and never leaves them but from force or accident. The eagle to the sky, the mole to the ground, the sloth to the tree; but what is most extraordinary, he lives not upon the branches, but under them. He moves suspended, rests suspended, sleeps suspended, and passes his life in suspense-like a young clergy. man distantly related to a bishop. Strings of ants may be observed, says our good traveller, a mile long, each carrying in its mouth a green leaf the size of a sixpence he does not say whether this is a loyal procession, like Oak-apple Day, or for what purpose these leaves are carried; but it appears, while they are car. rying the leaves, that three sorts of ant-bears are busy in eating them. The habits of the largest of these three animals are curious, and to us new. We recominend the account to the attention of the reader.

think of approaching him till he be quite dead.'- (pp. 171 172.)

The Vampire measures about 26 inches from wing to wing. There are two species, large and small. The large suck men, and the smaller birds. Mr. W. saw some fowls which had been sucked the night be. fore, and they were scarcely able to walk.

'Somo years ago I went to the river Paumaron with a Scotch gentleman, by name Tarbet. We hung our hammocks in the thatched loft of a planter's house. Next morning I heard this gentleman muttering in his hammock, and now and then letting fall an imprecation or two, just about the time he ought to have been saying his inorning prayers. "What is the matter, sir ?" said I, softly; "is any thing amiss?"-" What's the matter?" answered he, surlily; "why, the vampires have been sucking me to death." As soon as there was light enough, I went to his hammock, and saw it much stained with blood. "There," said he, thrusting his foot out of the hammock, "sea how these infernal imps have been drawing my life's blood." On examining his foot, I found the vampire had tapped his by a leech: the blood was still oozing from it; I conjectured great toe there was a wound somewhat less than that made he might have lost from ten to twelve ounces of blood. Whilst examining it, I think I put him into a worse humour by remarking, that an European surgeon would not have been so generous as to have blooded him without making a charge. He looked up in my face, but did not say a word: I saw he timed levity.-(pp. 176, 177.) was of opinion that I had better have spared this piece of ill

The story which follows this account is vulgar, nuworth of Mr. Waterton, and should have been

ommitted.

Every animal has its enemies. The land tortoise has two enemies, men, and the boa-constrictor. The natural defence of the tortoise is to draw himself up in his shell, and to remain quiet. In this state, the tiger, however famished, can do nothing with him, for the shell is too strong for the stroke of his paw. Man, however, takes him home and roasts him-and the boa-constrictor swallows him whole, shell and all, and consumes him slowly in the interior, as the Court of Chancery does a great estate.

The danger seems to be much less with snakes and wild beasts, if you conduct yourself like a gentleman, and are not abruptly intrusive. If you will pass on gently, you may walk unhurt within a yard of the Labairi snake, who would put you to death if you rushed upon him. The taguan knocks you down with a blow of his paw, if suddenly interrupted, but will run away, if you will give him time to do so. In short, most animals look upon man as a very ugly customer; and, unless sorely pressed for food, or for fear of their own safety, are not fond of attacking him. Mr. Waterton, though much given to sentiment, made a La bairi snake bite itself, but no bad consequences ensued -nor would any bad consequences ensue, if a courtmartial were to order a sinful soldier to give himself a thousand lashes. It is barely possible that the snake had some faint idea whom and what he was biting.

Insects are the curse of tropical climates. The bete 'He is chiefly found in the inmost recesses of the forest, and rouge lays the foundation of a tremendous ulcer. In seems partial to the low and swampy parts near creeks, where a moment you are covered with ticks. Chigoes bury the Troely tree grows. There he goes up and down in quest themselves in your flesh, and hatch a colony of young of ants, of which there is never the least scarcity; so that he chigoes in a few hours. They will not live together, soon obtains a sufficient supply of food, with very little trouble. but every chigoe sets up a separate ulcer, and has his He cannot travel fast; man is superior to him in speed. Without swiftness to enable him to escape from his enemies, withown private portion of pus. Flies get entry into your eut teeth, the possession of which would assist him in self-de-mouth, into your eyes, into your nose; you eat flies, fence, and without the power of burrowing in the ground, by which he might conceal himself from his pursuers, he still is capable of ranging through these wilds in perfect safety; nor does he fear the fatal pressure of the serpent's fold, or the teeth of the famished jaguar. Nature has formed his fore legs wonderfully thick, and strong, and muscular, and armed his feet with three tremendous sharp and crooked claws. Whenever he seizes an animal with these formidable weapons, he hugs it close to his body and keeps it there till it dies through pressure, or through want of food. Nor does the ant-bear, in the mean time, suffer much from loss of aliment, as it is a wellknown fact, that he can go longer without food than perhaps any other animal, except the land tortoise. His skin is of a texture that perfectly resists the bite of a dog; his hinder parts are protected by thick and shaggy hair, while his immense tai! is large enough to cover his whole body.

The Indians have a great dread of coming in contact with the ant-bear; and after disabling him in the chase, never

drink flies, and breathe flies. Lizards, cockroaches, and snakes, get into the bed; ants eat up the books; scorpions sting you on the foot. Every thing bites, stings, or bruises; every second of your existence you are wounded by some piece of animal life that nobody has ever seen before, except Swammerdam and Meriam. An insect with eleven legs is swimming in your teacup, a nondescript with nine wings is struggling in the small beer, or a caterpillar with several dozen eyes in his belly is hastening over the bread and but. ter! All nature is alive, and seems to be gathering all her entomological hosts to eat you up, as you are standing, out of your coat, waistcoat, and breeches. Such are the tropics. All this reconciles us to our dews, fogs, vapours, and drizzle-to our apothecaries rushing about with gargles and tinctures to our old,

British, constitutional coughs, sore throats, and swell-thing which has not the relish of putrescence and fla ed faces.

vour of death. The following is a characteristic spe We come now to the counterpart of St. George and cimen of the little inconveniences to which travellers the Dragon. Every one knows that the large snake of are liable, who sleep on the feather-beds of the forest. tropical climates throws himself upon his prey, twists To see a rat in a room in Europe insures a night of the folds of his body round the victim, presses him to horror. Every thing is by comparison. death, and then eats him. Mr. Waterton wanted a large snake for the sake of his skin; and it occurred About midnight, as I was lying awake, and in great pain, I heard the Indian say, " to him, that the success of this sort of combat depend-ger?" I listened attentively, and heard the softly sounding Massa, massa, you no hear tied upon who began first, and that if he could contrive tread of his feet as he approached us. The moon had gone to fling himself upon the snake, he was just as likely down; but every now and then we could get a glance of to send the snake to the British Museum, as the snake, him by the light of our fire; he was the jaguar, for I could if allowed the advantage of prior occupation, was to see the spots on his body. Had I wished to have fired at eat him up. The opportunities which Yorkshire him, I was not able to take sure aim, for I was in such pain squires have of combating with the boa-constrictor would have fired, but I would not allow him to do so, as I that I could not turn myself in my hammock. The Indian are so few, that Mr. Waterton must be allowed to tell wanted to see a little more of our new visitor; for it is not his own story in his own manner. every day or night that the traveller is favoured with an undisturbed sight of the jaguar in his own forests.

The steamboat from Quebec to Montreal had above five hundred Irish emigrants on board. They were going "they hardly knew whither," far away from dear Ireland. It made one's heart ache to see them all huddled together, without any expectation of ever revisiting their native soil. We feared that the sorrow of leaving home for ever, the miserable accommodations on board the ship which had brought them away, and the tossing of the angry ocean, in a long and dreary voyage, would have rendered them callous to good behaviour. But it was quite otherwise. They conducted themselves with great propriety. Every Ameri-tection of game; but I consider them as lawfully applicable can on board seemed to feel for them. And then "they were so full of wretchedness. Need and oppression stared within their eyes. Upon their backs hung ragged misery. The world was not their friend." "Poor, dear Ireland," exclaimed an aged female, as I was talking to her, "I shall never see it any more!"'-(pp. 259, 260.)

the life of man is to be treated lightly and indifferently, in comparison with the preservation of game, and the amusement of sporting; that the laws of humanity are to be violated for the sake merely of preserving the amusement of game. I am sure no man can justly impute to me such wicked doctrines. It is unnecessary for me to say, that I entertain no such sentiments; and therefore I hope I shall be excused, not on account of my own feelings, but as far as the public are interested in the character of a judge, in saying, that no person should blame a judge for what has been unjustly put into his mouth.'

His lordship's speech is reported in the New Times of the same date, as follows:

one species of out-door property and another, (except in cases where the taking or breaking into the property amounts to felony.) If the owner of woods cannot set spring-guns in his wood, the owner of an orchard, or of a field with potatoes or turnips, or any other crop usually the object of plunder, cannot set them in such field. How, then, are these kinds of property to be protected, at a distance from the residence of the owner, in the night, and in the absence of his servants? It has been said that the law has provided remedies for any injuries to such things by action. But the offender must be detected before he can be subjected to an action; and the expense of conof the property to be protected. If we look at the subject in tinual watching for this purpose would often exceed the value this point of view, we may find amongst poor tenants, who are prevented from paying their rents by the plunder of their crops, men who are more objects of our compassion than the suffers. If an owner of a close cannot set spring-guns, he can wanton trespasser, who brings on himself the injury which he Put glass bottles or spikes on the top of a wall, or even have a been said, in argument, that you may see the glass bottles or savage dog, to prevent persons from entering his yard. It has

Mr. Justice Best said, "My brother Bayley has quoted Mr. Chetwynd's edition of Burn: I am surprised that the learned author of that work should have made me talk such mischievous nonsense, as he has given to the public, in a report of my judgment, in the case of Ilott and Wilkes. I am still more surprised, that he should have suffered this judgment to remain uncorrected, after he had seen a true report of the case in Barnwall and Alderson, to which re-spikes; and it is admitted, that if the exact spot where these port he has referred in his appendix." Mr. Chetwynd's maintain any action for the injury he received from one of guns are set was pointed out to the trespasser, he could not report has the following passage: "Mr. Justice Best con-them. As to seeing the glass bottles or spikes, that must decurred with the other judges." His lordship concluded as follows:- This case has been discussed at the bar, as if pend on the circumstance whether it be light or dark at the these inquiries were exclusively resorted to for the protec-ther the trespasser be told the gun is set in such a spot, or that time of the trespass. But what difference does it make, whetion of game; but I considered them as lawfully applicable there are guns in different parts of such a field, if he has no to the protection of every species of property against un-right to go on any part of that field? It is absurd to say you lawful trespassers. But if even they might not lawfully be used for the protection of game, I for one should be extremely glad to adopt such measures, if they were found sufficient for that purpose."

The

where they are set, because then the setting them could answer may set the guns, provided you tell the trespasser exactly no purpose. My brother Bayley has illustrated this case, by putting spring-guns in his enclosed field? I think the question the question which he asked, namely, Can you indict a man for put by Lord C. J. Gibbs, in the case of the Common Pleas, a still better illustration, viz., Can you justify entering into enclosed lands, to take away guns so set? If both these questions must be answered in the negative, it cannot be unlawful to set spring-guns in an enclosed field, at a distance from any

A popular periodical work contains the passage just cited, with the omission of the words "concurred with the other judges." Of this omission I have reason to complain, because, if it had been inserted, the writer of the article could not have said, "It follows, that a man may put his fellow-creatures to death for any infringement of his property, for picking the sloes and blackberries off his hedges; for breaking a few dead sticks out of them by night or by day, with resistance or with-road, giving such notice that they are set as to render it in the out resistance, with warning or without warning." highest degree probable that all persons in the neighbourhood judges with whom Mr. Chetwynd makes me concur in opinion, fullest notice possible should be given; and the law of England must know that they are so set. Humanity requires that the all give their judgment on the ground of due notice being given will not sanction what is inconsistent with humanity. It has I do not complain of the other observations contained in this been said in argument, that it is a principle of law, that you work; they would have been deserved by me had I ever ut- cannot do indirectly what you are not permitted to do directly. tered such an opinion as the report of Mr. Chetwynd has This principle is not applicable to the case. You cannot shoot stated me to have delivered. The whole of what I said will a man that comes on your land, because you may turn him off be found to be utterly inconsistent with the statement, by by means less hurtful to him; and, therefore, if you saw him those who will read the case in "Barnewall and Alderson." I walking in your field, and were to invite him to proceed on will only trouble the court with the passage which will be his walk, knowing that he must tread on a wire, and so shoot found in the report of my judgment, in "3 Barnewall and Al- himself with a spring-gun, you would be liable to all the consederson, 319:""It cannot be unlawful to set spring guns in an enclosed field, at a distance from any road, giving such notice his walk is doing indirectly what, by drawing the trigger of a quences that would follow. The invitation to him to pursue that they are set, as to render it in the highest degree probable gun with your own hand, is done directly. But the case is just that all persons in the neighbourhood must know that they the reverse, if, instead of inviting him to walk on your land, are so set. Humanity required that the fullest notice possible you tell him to keep off, and warn him of what will follow if he should be given; and the law of England will not sanction does not. It is also said, that it is a maxim of law, that you what is inconsistent with humanity." I have taken the first must so use your property as not to injure another's. This opportunity of saying this, because I think it of importance to maxim I admit; but I deny its application to the case of a the public that such a misrepresentation of the opinion of one man who comes to trespass on my property. It applies only of the judges should not be circulated without some notice.' to cases where a man has only a transient property, such as in We subjoin the report of Messrs. Barnewall and the air or water that passes over his land, and which he must Alderson, here alluded to, and allowed by Mr. Justice not corrupt by nuisance; or where a man has a qualified property, as in land near another's ancient windows, or in land over which another has a right of way. In the first case, he Best J. The act of the plaintiff could only occasion mere or, in the second, to obstruct the way. This case has been must do nothing on his land to stop the light of the windows, nominal damage to the wood of the defendant. The injury argued, as if it appeared in it that the guns were set to pre that the plaintiff's trespass has brought upon himself is ex-serve game; but that is not so: they were set to prevent trestremely severe. In such a case, one cannot, without pain, decide against the action. But we must not allow our feelings in whom the property of game is vested, I say that a man has to induce us to lose sight of the principles which are essential a right to keep persons off his lands, in order to preserve the to the rights of property. The prevention of intrusion upon property is one of these rights; and every proprietor is game. Much money is expended in the protection of game; allowed to use the force that is absolutely necessary to vindi- and it would be hard if, in one night, when the keepers are cate it. If he uses more than is absolutely necessary, he ren- absent, a gang of poachers might destroy what has been kept ders himself responsible for all the consequences of the excess. at so much cost. If you do not allow men of landed estates to Thus, if a man comes on my land, I cannot lay hands on him to preserve their game, you will not prevail on them to reside in remove him until I have desired him to go off. If he will not the country. Their poor neighbours will thus lose their prodepart on request, I cannot proceed immediately to beat tection and kind offices; and the government the support that him, but must endeavour to push him off. If he is too power-it derives from an independent, enlightened, and unpaid maful for me, I cannot use a dangerous weapon, but must first call gistracy.' in aid other assistance. I am speaking of out-door property, and of cases in which no felony is to be apprehended. It is As Mr. Justice Best denies that he did say what a evident, also, that this doctrine is only applicable to trespasses very respectable and grave law publication reported committed in the presence of the owner of the property tres-him to have said, and as Mr. Chetwynd and his re. passed on. When the owner and his servants are absent at porter have made no attempt to vindicate their report, the time of the trespass, it can only be repelled by the terror of course our observations cease to be applicable. of spring-guns, or other instruments of the same kind. There There is certainly nothing in the term report of Mr. is in such case no possibility of proportioning the resisting Justice Best's speech which calls for any degree of force to the obstinacy and violence of the trespasser, as the owner of the close may and is required to do where he is pre- moral criticism; nothing but what a respectable and sent. There is no distinction between the mode of defence of temperate judge might fairly have uttered. Had such

Best to be correct.

passes on the lands of the defendant. Without, however, saying

a

been the report cited in Burn, it never would have drawn from us one syallable of reprehension. We beg leave, however, to observe, that we have never said that it was Mr. Justice Best's opinion, as reported in Chetwynd, that a man might be put to death without notice, but without warning; by which we meant a very different thing. If notice was given on boards, that certain grounds were guarded by watchmen with fire arms, the watchmen, feeling perhaps some little respect for human life, would probably call out to the man to stand and deliver himself up; Stop, or I'll shoot you!' Stand, or you are a dead man or some such compunctious phrases as the law compels living machines to use. But the trap can give no such warning-can present to the intruder no alternative of death or surrender. Now these different modes of action in the dead or the living guard, is what we alluded to in the words without warning. We meant to characterize the ferocious, unrelenting nature of the means used-and the words are perfectly correct and applicable, after all the printed notices in the world. Notice is the communication of something about to happen, after some little interval of time. Warning is the communication of some imminent danger. Nobody gives another notice that he will imme- Mr. Justice Best, however, must excuse us for say. diately shoot him through the head-or warns him ing, that we are not in the slightest degree convinced that he will be a dead man in less than thirty years. by his reasoning. We shall suppose a fifth judge to This, and not the disingenuous purpose ascribed to us have delivered his opinion in the case of Ilott against by Mr. Justice Best, is the explanation of the offend- Wilkes, and to have expressed himself in the following words. We are thoroughly aware that Mr. Justice ing manner. But we must caution Mr. Chetwynd Best was an advocate for notice, and never had the against introducing this fifth judge in his next edition most distant intention of representing his opinion of Burn's justice; and we assure him that he is only otherwise and we really must say, that (if the report an imaginary personage.

to say I entertain set, as to render it in the highest dono such sentiments. gree probable that all persons in the Alderson there is set. Humanity required that the fulIn Barnewall and neighbourhood must know they are so correct report of lest notice possible should be given; that case. Morn. and the law of England will not sanc Chron.

tion what is inconsistent with human ity.-Barnewall and Alderson.-319.

There is, perhaps, some little inconsistency in these opposite extracts; but we have not the smallest wish to insist upon it. We are thoroughly and honestly convinced, that Mr. Justice Best's horror at the de struction of human life for the mere preservation of game is quite sincere. It is impossible, indeed, that any human being, of common good nature, could entertain a different feeling upon the subject, when it is earnestly pressed upon him; and though, perhaps, there may be judges upon the bench more remarkable for imperturbable apathy, we never heard Mr. Justice Best accused of ill nature. In condescending to notice our observations, in destroying the credit of Chetwynd's report, and in withdrawing the canopy of his name from the bad passions of country gentlemen, he has conferred a real favour upon the public.

6

had heen correct) there never was a judicial speech My brother Best justly observes, that prevention where there was so little necessity for having recourse of intrusion upon private property is a right which to the arts of misrepresentation. We are convinced, every proprietor may act upon, and use force to vinhowever, that the report is not correct-and we are dicate the force absolutely necessary for such vindiheartily glad it is not. There is in the Morning cation. If any man intrude upou another's lands, the Chronicle an improper and offensive phrase, which (now we know Mr. Justice Best's style better) we shall attribute to the reporters, and pass over without further notice. It would seem, from the complaint of the learned judge, that we had omitted something in the middle of the quotation from Chetwynd; whereas we have quoted every word of the speech as Chetwynd has given it, and only began our quotation after the preliminary observations, because we had not the most distant idea of denying that Mr. Justice Best considered ample notice as necessary to the legality of these proceedings.

There are passages in the Morning Chronicle already quoted, and in the term report, which we must take the liberty of putting in juxtaposition to each

other.

Mr. Justice Best in

proprietor must first desire him to go off, then lay hands upon the intruder, then push him off; and if that will not do, call in aid other assistance, before he uses a dangerous weapon. If the proprietor uses more force than is absolutely necessary, he renders himself responsible for all the consequences of the excess. In this doctrine I cordially concur; and admire (I am sure, with him) the sacred regard which our law every where exhibits for the life and safety of man-its tardiness and reluctance to proceed to extreme violence: but my learned brother then observes as follows;-"It is evident, also, that this doctrine is only applicable to trespasses committed in the presence of the owner of the property trespassed upon. When the owner and his servants are absent at the time of the trespass, it can only be repelled by the terror of spring guns, or other instruments of the same kind." If Mr. Justice Best means, by the terror of

the MorningChro- Mr. Justice Best in the Term Reports, the spring guns, the mere alarm that the notice ex

nicle of the 4th of June, 1821.

It is not necessa

ry for me in this place to say, that no man entertains more horror of the doctrine I am supposed to have laid down, than I do, that the life of man

Barnewall and Alderson.

cites or the powder without the bullets-noise without danger-it is not worth while to raise an argument When the owner and his servants upon the point; for, absent or present, notice or no are absent at the time of the trespass, notice, such means must always be lawful. But if my it can only be repelled by the terror of brother Best means that in the absence of the proprí spring guns, or other instruments of etor, the intruder may be killed by such instruments. the same kind. There is in such cases, after notice, this is a doctrine to which I never can no possibility of proportioning the re-assent; because it rests the life and security of the sisting force to the obstinacy and vio- trespasser upon the accident of the proprietor's prelence of the trespasser, as the owner of sence. the close may, and is required to do, ous and nicely graduated scale of admonition and In that presence there must be a most cautiis to be treated when he is present.-317. lightly and indif- Without saying in whom the proper-harmless compulsion; the feelings and safety of the ferently, in com- ty of game is vested, I say that a man intruder are to be studiously consulted; but if business parison with the has a right to keep persons off his lands, or pleasure call the proprietor away, the intruder may preservation of in order to preserve the game. Much be instantly shot dead by the machinery. Such a money is expended on the protection state of law, I must be permitted to say, is too inconof game; and it would be hard if, in one night, when the keepers are absent, gruous for this or any other country. a gang of poachers might destroy what has been kept at so much cost.-320.

game and the amusement of sporting-that the laws of humanity are to be violated for the sake merely of preserving the amusement of game. I

am sure no man

can justly impute to me such wicked doctrines; it is unnecessary for me

If an owner of a close cannot set spring guns, he cannot put glass bottles or spikes on the top of a wall.-318.

If both these questions must be answered in the negative, it cannot be unlawful to set spring guns in an enclosed field, at a distance from any road; giving such notice that they are

'If the alternative is the presence of the owner and his servants or such dreadful consequences as these, why are the owner or his servants allowed to be ab sent? If the ultimate object in preventing such intrusions is pleasure in sporting, it is better that pleasure should be rendered more expensive, than that the life of man should be rendered so precarious. But why is it impossible to proportion the resisting force to the obstinacy of the trespasser in the absence of the pro.