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, kiug 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; 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.

mout is.

Some years ago I kept a sloth in my room for several I often took him out of the house and placed him upon the ground, in order to have an opportunity of observing his notions. 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 Loves suspended, rests suspended, sleeps suspended, and passes his life in suspense-like a young clergyman distantly related to a bishop. Strings of ants may be observed, says our good traveller, a mile long, each carrying in it mouth a green leaf the size of a sixpence he does not say whether this is a loyal proeession, like Oak-apple Day, or for what purpose these leaves are carried; but it appears, while they are carrying 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 recommend 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 before, and they were scarcely able to walk.

'Some 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 morning 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, “see 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 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 was of opinion that I had better have spared this piece of illtimed levity.-(pp. 176, 177.)

great toe: there was a wound somewhat less than that made

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

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 swallow. 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. Wa terton, though much given to sentiment, made a Labairi snake bite itself, but no bad consequences ensued -nor would any bad consequences ensue, if a court martial 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.

a

Insects are the curse of tropical climates. The bete rie 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 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, sou obtains a sufficient supply of food, with very little trouble, but every chigoe sets up a separate ulcer, and has his I cannot travel fast; man is superior to him in speed. Withown private portion of pus. Flies get entry into your out swiftness to enable him to escape from his enemies, witheat teeth, the possession of which would assist him in self-de-mouth, into your eyes, into your nose; you eat flies, Lizards, cockroaches, fence, and without the power of burrowing in the ground, by drink flies, and breathe flies. which he might conceal himself from his pursuers, he still is and snakes, get into the bed; ants eat up the books; cpable of ranging through these wilds in perfect safety; nor scorpions sting you on the foot. Every thing bites, does he fear the fatal pressure of the serpent's fold, or the stings, or bruises; every second of your existence you teeth of the famished jaguar. Nature has formed his fore legs are wounded by some piece of animal life that nobody wonderfully thick, and strong, and muscular, and armed his has ever seen before, except Swammerdam and Mefeet with three tremendous sharp and crooked claws. ever he seizes an animal with these formidable weapons, he riam. An insect with eleven legs is swimming in your hugs it close to his body and keeps it there till it dies through teacup, a nondescript with nine wings is struggling in pressure, or through want of food. Nor does the ant-bear, in the small beer, or a caterpillar with several dozen the mean time, suffer much from loss of aliment, as it is a well-eyes in his belly is hastening over the bread and butknown 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 tail is large enough to cover his whole body.

When

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

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,

We come now to the counterpart of St. George and the Dragon. Every one knows that the large snake of tropical climates throws himself upon his prey, twists the folds of his body round the victim, presses him to death, and then eats him. Mr. Waterton wanted a large snake for the sake of his skin; and it occurred I heard the Indian say, "Massa, massa, you no hear tito him, that the success of this sort of combat depend-ger?" I listened attentively, and heard the softly sounding ed upon who began first, and that if he could contrive to fling himself upon the snake, he was just as likely to send the snake to the British Museum, as the snake, if allowed the advantage of prior occupation, was to eat him up. The opportunities which Yorkshire squires have of combating with the boa-constrictor are so few, that Mr. Waterton must be allowed to tell his own story in his own manner.

press our doubts, or shall we confidently state at once ers of humour, would improve this gentleman's style. the immense wealth he had acquired?-a prodigious As it is, he has a considerable talent at describing. variety of insects, two hundred and thirty birds, ten | He abounds with good feeling; and has written a very land-tortoises, five armadillos, two large serpents, a entertaining book, which hurries the reader out of his sloth, an ant-bear, and a cayman. At Liverpool, the European parlour, into the heart of tropical forests, custom-house officers, men ignorant of Linnæus, got and gives, over the rules and the cultivation of the hold of his collection, detained it six weeks, and in civilized parts of the earth, a momentary superiority spite of remonstrances to the treasury, he was forced to the freedom of the savage, and the wild beauties of to pay very high duties. This is really perfectly ab- nature. We honestly recommend the book to our surd; that a man of science cannot bring a pickled readers: it is well worth the perusal. armadillo, for a collection of natural history, without paying a tax for it. This surely must have happened In the dark days of Nicolas. We cannot doubt but that such paltry exactions have been swept away, by the manly and liberal policy of Robinson and Huskisson. That a great people should compel an individual to make them a payment before he can be permitted to land a stuffed snake upon their shores, is, of all the paltry custom house robberies, we ever heard of, the inost mean and contemptible-but Major rerum ordo nascitur.

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 continual watching for this purpose would often exceed the value of the property to be protected. If we look at the subject in this point of view, we may find amongst poor tenants, who are Mr. Justice Best said, "My brother Bayley has quoted prevented from paying their rents by the plunder of their Mr. Chetwynd's edition of Burn: I am surprised that the crops, men who are more objects of our compassion than the learned author of that work should have made me talk suffers. If an owner of a close cannot set spring-guns, he can wanton trespasser, who brings on himself the injury which he such mischievous nonsense, as he has given to the public, in put glass bottles or spikes on the top of a wall, or even have a a report of my judgment, in the case of Ilott and Wilkes, savage dog, to prevent persons from entering his yard. It has I am still more surprised, that he should have suffered this been said, in argument, that you may see the glass bottles or judgment to remain uncorrected, after he had seen a true spikes; and it is admitted, that if the exact spot where these report of the case in Barnwall and Alderson, to which report he has referred in his appendix." Mr. Chetwynd's guns are set was pointed out to the trespasser, he could not maintain any action for the injury he received from one of 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 pend on the circumstance whether it be light or dark at the follows:-"This case has been discussed at the bar, as if time of the trespass. But what difference does it make, whethese inquiries were exclusively resorted to for the protecther the trespasser be told the gun is set in such a spot, or that tion 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 may set the guns, provided you tell the trespasser exactly used for the protection of game, I for one should be extremely where they are set, because then the setting them could answer glad to adopt such measures, if they were found sufficient for no purpose. My brother Bayley has illustrated this case, by that purpose." the question which he asked, namely, Can you indict a man for putting spring-guns in his enclosed field? I think the question 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-guus in an enclosed field, at a distance from any road, giving such notice that they are set as to render it in the

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-highest degree probable that all persons in the neighbourhood out resistance, with warning or without warning." The judges with whom Mr. Chetwynd makes me concur in opinion, all give their judgment on the ground of due notice being given. I do not complain of the other observations contained in this work; they would have been deserved by me had I ever uttered such an opinion as the report of Mr. Chetwynd has stated me to have delivered. The whole of what I said will be found to be utterly inconsistent with the statement, by those who will read the case in "Barnewall and Alderson." I will only trouble the court with the passage which will be found in the report of my judgment, in "3 Barnewall and Alderson, 319"-"It cannot be unlawful to set spring guns in an enclosed field, at a distance from any road, giving such notice that they are set, as to render it in the highest degree probable that all persons in the neighbourhood must know that they are so set. Humanity required that the fullest notice possible should be given; and the law of England will not sanction what is inconsi tent with humanity." I have taken the first opportunity of saying this, because I think it of importance to the public that such a misrepresentation of the opinion of one of the judges should not be circulated without some notice.'

Best J. The act of the plaintiff could only occasion mere nominal damage to the wood of the defendant. The injury that the plaintiff's trespass has brought upon himself is extremely severe. In such a case, one cannot, without pain, decide against the action. But we must not allow our feelings to induce us to lose sight of the principles which are essential to the rights of property. The prevention of intrusion upon property is one of these rights; and every proprietor is allowed to use the force that is absolutely necessary to vindicate it. If he uses more than is absolutely necessary, he renders himself responsible for all the consequences of the excess. Thus, if a man comes on my land, I cannot lay hands on him to remove him until I have desired him to go off. If he will not depart on request, I cannot proceed immediately to beat him, but must endeavour to push him off. If he is too powerful for me, I cannot use a dangerous weapon, but must first call in aid other assistance. I am speaking of out-door property, and of cases in which no felony is to be apprehended. It is evident, also, that this doctrine is only applicable to trespasses committed in the presence of the owner of the property trespassed on. 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. There is in such case no possibility of proportioning the resisting

must know that they are so set. Humanity requires that the
fullest notice possible should be given; and the law of England
will not sanction what is inconsistent with humanity. It has
been said in argument, that it is a principle of law, that you
cannot do indirectly what you are not permitted to do directly.
This principle is not applicable to the case. You cannot shoot
a man that comes on your land, because you may turn him off
by means less hurtful to him; and, therefore, if you saw him
walking in your field, and were to invite him to proceed on
his walk, knowing that he must tread on a wire, and so shoot
himself with a spring-gun, you would be liable to all the conse-
quences that would follow. The invitation to him to pursue
his walk is doing indirectly what, by drawing the trigger of a
gun with your own hand, is done directly. But the case is just
the reverse, if, instead of inviting him to walk on your land,
you tell him to keep off, and warn him of what will follow if he
does not. It is also said, that it is a maxim of law, that you
must so use your property as not to injure another's. This
maxim I admit; but I deny its application to the case of a
man who comes to trespass on my property. It applies only
to cases where a man has only a transient property, such as in
the air or water that passes over his land, and which he must
not corrupt by nuisance; or where a man has a qualified pro-
perty, as in land near another's ancient windows, or in land
over which another has a right of way. In the first case, he
must do nothing on his land to stop the light of the windows,
in the second, to obstruct the way. This case has been
argued, as if it appeared in it that the guns were set to pre
serve game; but that is not so: they were set to prevent tres-
passes on the lands of the defendant. Without, however, saying
in whom the property of game is vested, I say that a man has
a right to keep persons off his lands, in order to preserve the
game. Much money is expended in the protection of game;
and it would be hard if, in one night, when the keepers are
absent, a gang of poachers might destroy what has been kept
at so much cost. If you do not allow men of landed estates to
preserve their game, you will not prevail on them to reside in
the
poor neighbours will thus lose their pro-
country. Their
tection and kind offices; and the government the support that
it derives from an independent, enlightened, and unpaid ma-
gistracy.'

or,

As Mr. Justice Best denies that he did say what a very respectable and grave law publication reported him to have said, and as Mr. Chetwynd and his reporter have made no attempt to vindicate their report, of course our observations cease to be applicable. There is certainly nothing in the term report of Mr. force to the obstinacy and violence of the trespasser, as the Justice Best's speech which calls for any degree of owner of the close may and is required to do where he is pre- moral criticism; nothing but what a respectable and There is no distinction between the mode of defence of temperate judge might fairly have uttered. Had such

sent.

been the report cited in Burn, it never would have drawn from us one syallable of reprehension.

to say I entertain set, as to render it in the highest de no such sentiments. gree probable that all persons in the In Barnewall and neighbourhood must know they are so Alderson there is a set. Humanity required that the fulthat case. Morn. and the law of England will not sanc correct report of lest notice possible should be given; 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 destruction 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 en tertain 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 Chotwynd'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.

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 per haps 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 saydiately 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 loft 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.

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 proprietor must first desire him to go off, then lay (now we know Mr. Justice Best's style better) we hands upon the intruder, then push him off; and it shall attribute to the reporters, and pass over without that will not do, call in aid other assistance, before further notice. It would seem, from the complaint of he uses a dangerous weapon. If the proprietor uses the learned judge, that we had omitted something in more force than is absolutely necessary, he renders the middle of the quotation from Chetwynd; whereas himself responsible for all the consequences of the exwe have quoted every word of the speech as Chetwynd cess. In this doctrine I cordially concur; and admire has given it, and only began our quotation after the (I am sure, with him) the sacred regard which our preliminary observations, because we had not the law every where exhibits for the life and safety of most distant idea of denying that Mr. Justice Best man-its tardiness and reluctance to proceed to exconsidered ample notice as necessary to the legality treme violence: but my learned brother then observes of these proceedings. as follows;-" It is evident, also, that this doctrine is There are passages in the Morning Chronicle alrea-only applicable to trespasses committed in the predy quoted, and in the term report, which we must take the liberty of putting in juxtaposition to each

other.

Mr. Justice Best in

sence of the owner of the property trespassed upea. 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 Morning Chro- 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 necessary for me in this

place to say, that no man entertains more horror of the doctrine I am sup

pose to have laid down, than I do, that the life of man is to be treated lightly and indifferently, in comparison with the of

preservation

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

Barnewall and Alderson.

cites-or the powder without the bullets-noise with out 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 ne 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 prepri 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 the close may, and is required to do, sence. In that presence there must be a most cautiwhen he is present.-317. ous and nicely graduated scale of admonition and Without saying in whom the proper-harmless compulsion; the feelings and safety of the ty of game is vested, I say that a man intruder are to be studiously consulted; but if business has a light to keep persons off his lands, or pleasure call the proprietor away, the intruder may 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.

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