On the whole, we are inclined to agree with the resolutions adopted
by the committee. These appear to recognise the principle of a
qualified right of property in game, and that this property is now
vested in the _occupier_ of the soil. By this rule which may if
necessary be declared by enactment, the tenant has at all times
the power to secure the game to himself, unless he chooses to part
with that right by special bargain. It is of course inconsistent
with this qualified right of property, that any person should
kill game upon lands which he is not privileged to enter; and the
committee are therefore of opinion, that the violation of that
right should still continue to be visited with legal penalties. But
they think--and in this we most cordially agree with them--that
considerable alteration should be made in the present penal code,
and that, in particular, cumulative penalties for poaching should
be abolished. It is monstrous that such penalties, to which the
poorer classes in this country are most peculiarly liable, should
be any longer allowed to exist, while the offence which these are
intended to punish is in every proper sense a single one. We are
inclined to get rid of every difficulty on this head by an immediate
discontinuance of the certificates. The amount of revenue drawn from
these is really insignificant, and in many cases it must stand in
the way of a fair exercise of his privilege by the humbler occupant
of the soil. If a poor upland crofter, who rents an acre or two from
a humane landlord, and who has laid out part of it in a garden,
should chance to see, of a clear frosty night, a hare insinuate
herself through the fence, and demolish his winter greens--it is
absolute tyranny to maintain, that he may not reach down the old
rusty fowling-piece from the chimney, take a steady vizzy at puss,
and tumble her over in the very act of her delinquency, without
having previously paid over for the use of her gracious Majesty
some four pounds odds; or otherwise to be liable in a penalty
of twenty pounds, with the pleasant alternative of six months'
imprisonment! In such a case as this the man is not sporting; he
is merely protecting his own, is fairly entitled to convert his
enemy into wholesome soup, and should be allowed to do so with a
conscience void of offence towards God or man. We must have no state
restrictions or qualifications to a right of property which may be
enjoyed by the smallest cotter, and no protective laws to debar him
from the exercise of his principle. And therefore it is that we
advocate the immediate abolition of the certificate.
Public-domain text, read in full here on John Shaqi.
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