What the remaining penalty should be is matter for serious
consideration. It appears evident that the common law of redress
is not sufficient. Game is at best but a qualified property; for
your interest in it ceases the moment that it leaves your land;
but still you _have_ an interest, may be a considerable pecuniary
loser by its infringement, and therefore you are entitled to demand
an adequate protection. But then it is hardly possible, when we
consider what human nature with all its powerful instincts is, to
look upon poaching in precisely the same light with theft. By no
process of mental ratiocination can you make a sheep out of a hare.
You did not buy the creature, it is doubtful whether you bred it,
and in five minutes more it may be your neighbour's property, and
that of its own accord. You cannot even reclaim it, though born in
your private hutch. Now this is obviously a very slippery kind of
property; and the poor man--who knows these facts quite as well
as the rich, and who is moreover cursed with a craving stomach, a
large family, and a strong appetite for roast--is by no means to be
considered, morally or equitably, in the same light with the ruffian
who commits a burglary for the sake of your money, or carries away
your sheep from the fold. It ought to be, if it is not, a principle
in British law, that the temptation should be considered before
adjudging upon the particular offence. The schoolboy--whose natural
propensity for fruit has been roused by the sight of some far too
tempting pippins, and who, in consequence, has undertaken the
hazard of a midnight foray--is, if detected in the act, subjected to
no further penalty than a pecuniary mulct or a thrashing, especially
if his parents belong to the more respectable classes of society.
And yet this is a theft as decided and more inexcusable, than if the
nameless progeny of a vagrant should, hunger-urged, filch a turnip
or two from a field, and be pounced upon by some heartless farmer,
who considers that he is discharging every heavenly and earthly duty
if he pays his rent and taxes with unscrupulous punctuality. It is
a crying injustice that any trifling piccadillo on the part of the
poor or their children, should be treated with greater severity than
is used in the case of the rich. This is neither an equitable nor a
Christian rule. We have no right to subject the lowest of the human
family to a contamination from which we would shrink to expose the
highest; and the true sense of justice and of charity, which, after
all, we believe to be deeply implanted in the British heart, will,
we trust, before long, spare us the continual repetition of class
Pariahs of infant years brought forward in small courts of justice
for no other apparent reason than to prove, that our laws care more
leniently for the rich than they do for the offspring of the poor.
Public-domain text, read in full here on John Shaqi.
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