Some squeamish people may object to our last proposal as severe.
We do not think it so. The original nature of the offence has
become entirely changed; for it must be allowed on all hands,
that habitual breach of the laws is a very different thing from
a casual effraction. It would be cruelty to transport an urchin
for the first handkerchief he has stolen; but after his fourth
offence, that punishment becomes an actual mercy. Nor should the
moral effect produced by the residence of a determined poacher in
any neighbourhood be overlooked. A poacher can rarely carry on
his illicit trade without assistance: he entices boys by offering
them a share in his gains, introduces them to the beer and the gin
shop, and thus they are corrupted for life. It is sheer nonsense to
say that poaching does not lead to other crimes. It leads in the
first instance to idleness, which we know to be the parent of all
crime; and it rapidly wears away all finer sense of the distinction
between _meum_ and _tuum_. From poacher the transition to smuggler
is rapid and easy, and your smuggler is usually a desperado. With
all deference to Mr Welford, his conclusion, that poaching should be
prevented by the entire extermination of game, is a most pitiable
instance of calm imperturbable imbecility. He might just as well say
that the only means of preventing theft is the total destruction of
property, and the true remedy for murder the annihilation of the
human race.
We agree also with the committee, that some distinction must
be made between cases of simple poaching, and those which are
perpetrated by armed and daring gangs. To these banditti almost
every instance of assault and murder connected with poaching is
traceable, and the sooner such fellows are shipped off to hunt
kangaroos in Australia the better. But we think that such penalties
as we have indicated above, would in most cases act as a practical
detention from this offence, and would certainly remove all ground
for complaint against the unnecessary severity of the law.
Public-domain text, read in full here on John Shaqi.
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