Slavery -- United States; United States -- Politics and government -- 1849-1853
Take an illustration. Wild animals are the property of no one. The
undomesticated hares that run over my fields, the pigeons that fly over
my house, or the fishes that swim in my streams, are not my property so
that they can be the subjects of larceny. If a man takes them, he is
liable in trespass for entering my grounds, and that is all. But if I
confine hares in a warren, or pigeons in a cote, or fishes in a seine,
then they are my property, and are the subjects of larceny, because I
have reduced them to possession. Under such circumstances, if a man
shoots or catches them for his table.--that is, to convert them to his
own use,--he steals them; but if a man merely releases them from their
confinement, breaks open their enclosures to let them go free, he is at
most only guilty of malicious mischief. The English nobility send to
France for foxes. These are caught in the Pyrenees or other mountains,
brought across the English channel, and placed in the parks of noblemen
preparatory to the barbarous amusement of a fox-hunt. Now, if one lord
should take a fox from the park of another lord, for the pleasure of
hunting him down, on his own premises, this would be stealing; but
if he should only assist a fox to escape out of the park, for the
benevolent purpose of restoring him to his natural liberty, this would
not be stealing, but only a trespass. In such a case, the man who
enlarges the fox does not do it in order to save himself the labor or
expense of catching a fox; that is, he does not convert the fox to his
own use.
Let me give you another illustration, which I select for the beauty
of the language in which it is conveyed, and for the nobleness of the
sentiments that accompany it. In the “Sentimental Journey” of Sterne,
the following incident is related:--
“I was interrupted, in the heyday of this soliloquy, with a voice
which I took to be of a child, which complained, it could not get out.
I looked up and down the passage, and seeing neither man, woman, nor
child, I went out without further attention.
“In my return back through the passage, I heard the same words
repeated twice over, and looking up, I saw it was a starling, hung in
a little cage. ‘I can’t get out, I can’t get out,’ said the starling.
“I stood looking at the bird, and to every person who came through the
passage, it ran fluttering to the side which they approached, with
the same lamentation of its captivity,--‘I can’t get out,’ said the
starling. God help thee! said I, but I’ll let thee out, cost what it
will; so I turned about the cage to get at the door. It was twisted
and double twisted so fast with wire, there was no getting it open
without pulling the cage to pieces. I took both hands to it.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account