The Zoologist — June, 1873. 3577 



country where the area is limited and the population fast increasing. I ivrite 

 this, as I think smd/eel it, with grief and sorrow, for my love of the beasts and 

 birds and ci-eeping things of the earth is second to that of few others, but it 

 is my conviction, and therefore 1 believe that every direct legislative effort 

 to turn or to stop the tide of human progress in favour of the lower creation 

 is wrong in priuci[jle, and will surely fail in practice. But were it right in 

 principle, or if in spite of the principle I have mentioned, any attempt 

 be made to legislate further on this subject, let the legislation be — as 

 Mr. Morris has very forcibly argued — thorough; protect the beautiful 

 magpie, jay, hawli and falcon ; let the selfishness of game-preservers give 

 way a little, so that these may live ; and especially, I would add, let it be 

 just also ; do not deprive the bird-catcher of his hard earnings while you let 

 the cruel and ignorant gamekeeper (as I have proof ready of a game- 

 keeper here doing very lately, and as I believe is the common practice of 

 gamekeepers) torture a wounded jay for hours together, so that its 

 shrieks may bring others within gunshot. Six jays fell here in this 

 way in one day about a month since. Surely such a proceeding ought 

 to come under the powers of the Humane Society. I fear, however, it 

 does not, because cruelty can, as I understand, only be punished when 

 wreaked upon some domestic animal ; and if so, here is a point upon which 

 legislation is certainly required. It may be absolutely necessary that 

 magpies and jays should be exterminated in the interests of sport, but at all 

 events let us regulate the mode of extermination, and enjoin at least decent 

 humanity : this is imperative. Cruelty ought not to escape punishment 

 one day longer merely because its object is undomesticated. Does a wild 

 jay feel less than a caged chaffinch? Enforce humanity also among the 

 bird-catching fraternity ; but if birds are not to be caught, attack the evil in 

 its stronghold — make it penal to have birds in cages at all. Do not let us 

 be guilty of the worse than inconsistency of punishing the hungry man for 

 catching for his hvelihood that which you allow the full one to appropriate 

 with impunity for his amusement when caught. If there is to be further 

 legislation, let it be, I repeat, thorough: let it be penal to destroy any bird 

 in its breeding-season : extend this protection to all our birds, but with care 

 rigorously to enforce humanity, by the punishment of all cruelty. The 

 gamekeeper must then be left to deal, in the proper season, with hawks, 

 jays and magpies for sake of sport; the birdcatcher with linnets and gold- 

 finches for his Hvelihood ; and the gardener with buUfinches for the sake of 

 his fruit,— for whatever, according to Mr. F. 0. Morris, lately, in the 

 'Times,' may be the nature and habits of the Yorkshire bullfinch, the 

 practice of the Dorsetshire bullfinch is utterly incompatible with either 

 gooseberries, pears, plums, cherries, and some kinds of apple, and even 

 (this year) peaches, nectarines and apricots. I say make a close time for all 

 birds, and enforce humanitij towards all. If, however, a close time for all 



