Star.
London, England, 1819-05-15 00:00:00

43AME LAWS.

On the Order of the Day for the further considera-
tion of the Report of the Game Laws' Amendment
Bill,- Mr. BRAND moved the Bill be recommitted.
Sir J. SHELLE Y opposed the Bill, as tending to
encourage poaching. The evils of it would not per-
haps be very soon ielt by great Landed Proprietors ;
but on small Properties they would at once be telt.
The community would derive no benefit from far-
mers bet-ogling sportsmen. He wished to say a few
words respecting the field sports of this country.—
They required perseverance, decision, and courage,
and were an excellent school for young Officers—
(Lesteter).—He moved, as an Amendment, that
the Bill be committed this day six months.

Sir J. SEBItIGIIT maintained that the true prin-
ciple with respect to Game was, that every man
should have the property in the Game on his own
estate. The Game Laws, as they now stood, were
wholly inadequate, and it was not possible to pre-
serve Game in any part of the kingdom without hay-
ing recourse to other Laws which had no direct re-
ference to the subject. The Game Laws gave powers
to certain persons which ought not to be comfnitted
to any one. As the Law now stood, any person qua-
lified to shoot, whether he had or had not leave,
might go into any Gentleman's plantation and shoot,
till he was warned off—( Hear, hear).—A man
might have copyhold property to the amount of
4:10,000 a-year, and yet not have any legal right to
kill the Game on his own property. Any Game in
the country which was now preserved, was su pre-*
served not by the Game Laws, but by force of arms
—by night patroles—(!leer,heat).—As a Magistrate,
he took this opportunity of entering his protest against
the present system of our Game Laws.
• Mr. 1.0&,.r WELLESLEY' had been astonished
to hear it said that abundance of Game was an in-
ducement to Gentlemen tO reside on their properties:
lie denied that this was the fact. There were many
persons resident Country Gentlemen who did not
preserve their Game. The Honourable Baronet who
spOke last, had over-rated the evils of the Game
Laws. This Bill did not totally repeal the Game
Laws, but only the objectionable parts of them. The
great argument in favour of this Bill was, that many
most advantageous enactments were inoperative. An
Honourable Baronet had talked of fox-hunting as re-
quiring courage, decision, and perseverance, but he
sought to have added, that it also required huntaxity.
(Laughter).—This Bill was not a new measure. It
had been tried in the case of wild fowls and rabbits,
which were openly and legally sold, yet there was
no scarcity of either.
Mr. F. DOUGLAS said this was a most important
question, as it much concerned the internal economy
of the kingdom. The question was not whether
great evils did not exist under the present system cf
the Game Laws, but whether this Bill would have
the effect of removing them The honourable Gen-
tleman thought dirs Bill would put an end to one
great evil—the disputes as.to Manorial Rights. But
what was the remedy ? It was to create fifty Pro-
prietors of Game *here there was now one. *By
opening the posantiott of Gams to so many persons,

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lib thotight litigation and disputes would be infinitely
increased. He also Objected to this_Bill as it affeeted
one particular 4clast. In foreign ciihntries Game was
collected in forests,. and the Sportsman was there a
regular profession. But in such a country as this,
there were the strongest objections to making the
yeomen sportsmen. If this Bill, was passed, the whole
body of yeomanry would, in fact, be made poachers,
and trained to the lawless habits inciden‘ to.such a
life. The question of profit had little to do with the,
enjoyments of a poacher's life. These were produced
by its indolence and adventure. Ile "conceived: that
in this respect poaching and gambling were similar
All his own prepossessions were in favour of this Bill;
but on mature consideration, lie thought it was one
which ought not to pass into a law.
The Marquis of TAVISTOCK said, the present
Game Laws were a great nuisance, and that poaching
had increased to an alarming extent. He was strongly
in favdur of the Bill.
Mr. G. BANKES said, he was in hopes that on
the principle of this Bill a sufficient remedy might be
provided for that system which had been justly stig-
matized as harsh and oppressive. All his own at-
tempts to frame a Bill which should effect this had
been liable to great objections,, and therefore had
been rejected by the House. He was therefore very
anxious to see the present Bill. But on examining it,
' he found it liable to every one of the objectionsmAtch
had been fatal to all the others proceeding on the
same principle. Under,thia Bill, by which game was
made private property, if any proprieter• attempeed
to take any of it, by night or by day with a net. al!
though lie could not kilt a single bird, yet merely for
going out, he was, for the hrst offence; liable to st.
penalty of 201. for a second 301. and for a third:to
be indicted before the Quarter Sessions, where, if,
convicted, he must be sentenced to pa, a fine of 501.,
in open Cour4 and on refusal or demurring, to be
sent to jail or to Bridewell, and at the option of the
Magistrate, to be publicly whipped—(Hear, hear, and
laughter.) It was truly said, that this Bill did notl
entirely repeal the Game Laws. In truth, the two!
most objectionable and severe statutes were confirmed
and enforced by it. This Bill generally stated, that
the game should be the property of the person on
whose soil they were found. But then it authorized
landlords to insert in leases reserving to themselves
the right to the game, and depriving the tenant of
all property in it. It was obvious that this clause'
would, almost in every case, be inserted, and the
tenant would have no more property in the game,
or interest in preserving it at present. The lion.
Member ventured to object to die principle of the
Bill, because he was convinced that no standard
cculd be formed by which game could be either pro-
tected or sold. It consisted of anomalies which could.
never be reconciled to common sense. The Com-
mittee was at variance with the greatest law audio.'
City in the country. In his opinion, it defeated'
its professed object regarding the sale of game, be-
cause he very much doubted if any Gentleman would,
sell his game, even admitting the intended enact!i
ment to pass. It would be curious to see written'
over the Park-gate. of :a Gentleman—" Licensed tol
sell gamer But what was to become of the• Cle-
rgyman ? The' Bill held out pmvision for his tithes:l
No doubt that would be, included in some clause,
shnitlei tile Bill be recistrnitted,--either by granting
to the Clergyman the tenth bird, or he might wait
for his tenth shot ! —(hane! er.)
Mr. WILBERFORCE promised not to detain the
House long. He had heard with much pleasure a
:diplay of considerable talents by the young and Ho-
nourable Member who hat just down; but ants), he
was that such talents shoald have been converted
into erroneous principles. The Hon. Gentleman had
felt all the force of the arguments on one side, with-
out admitting or feeling the force. of those on the
crthatelltde. To shut one's ears against reason, because
a sudden partiality had been formed against the Bill,
was, in his humble opinion, not the way of arriving
at the truth. It was evident that a considerable por-
tion of the population of the country consumed game,
it was therefore necessary that some provision should
be made that they should be gratified, without ha-
zarding the life or liberty of the person who supplied
them with game. If no provision were made for the
supplying of game by sale,' the pains and penalties
of those laws which disgrace our statute-book would
continue to remain in full force. Not only was game
'consumed to a very considerable amount in this
great town, but iu every town in the kingdom, in
proportion to the population. No 'person of any
spectability, during the game season, could ask a
party to dinner without affording his guests a relish
of game. If game was so generally consumed, and
if poaching was increased by the consumption, it fol-
lowed' of course that crime was increased in the same
ratio. He remembered what Dr. Franklin' said when
be once surveyed some sugar, by drawing a strong
and pathetic Aservation ou a process stained with
the blood of our fellow-creatures (the blacks.). ,In,a
similar view, he could scarcely see game without
contemplating the crime wit!' which it might perhaps
have been produced. They why continue this sys-
tem of immorality ? Ti-en why encourage crimi-
nals, step by step, till at last they came to the gal-
lows? Experience shews that.thc present laws, only
,produce illicit practices, and these illicit practices
seduce the mind from *nice by practices which are
More criminal. Do away at once the illicit traffic
-by licenses, and tell those concerned when they may
take out their license. He hoped and trusted that
the Bill.Vreuld meet with a favourable reception, in
its further progress through the House. In these!
days,
_ashen England was conspicuous for enlightened,
nay,more, conspicuous for moral systems, he begged
that we. would net dishoneur ourselves by: altowiqk
these penal statutes to remain in our legal Code, 'lre
most sincerely.thanked the Hon. Member, Mi. Brand,
for the introduction of a Bill, which, was calculated
to do away a vexatious and destructive Spire: Full,
one-half of the game consumed in theAgelgOnt qas
consumed in the metropolis—consuniolll. -persons
who connived at, or were' regardlessthe irhma
Fall* and crimes which attended the procuring of
it. For the sake of humanity, tlsereforem he .earuestlY.
Seated that the House would censer* to the, prin.,
•ciples of thi which might be reieumr4ttect aa4
aneFte4, as /910 expedient.,. .
RAt.: ,13A_Ng0,,nen, roe ti? Os! -w14:"11.10Ouralile
$lOlO Frien74heifoine) ilia Lim. Ire had in-
deavtinieit tn iOreaSnit the lime the it sonvenien
.ties off' the VlteA, This was an
orWhich no one caida dent. 'Bit Ho 'fiend

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' n at the Game
be imprisonepi ou account of a vicdatia . .
laittente_ d
_that
.such a multitude of offenders should
HLaownos.uraltape-thvirsierneag.rctßauntd
all mdpreaidsr yu,nhi
teeci olrauldenti
..s
lions could not prevent crime. The number of convic-
dons in late years, he (Mr. Baiikes) was happy to say,
had very considerably diynioished. There were num-
bers of persons who would have game at:all risks,
and therefore encouraged poachers. He admired
the sympathy of his Honourable Friend. His feel-
ingsbad beenwere
eexzegretriisesi tde. in Ha
be
essuiesrh eeda,u
sheowtheanverthatthatofthtbeye
poachers, those base violators of the law. His Ho.
nourable Friend wished to be.errabled th qualify
;ivoeirlyouml
nabiiie to sell gdaidmierot.
conceive license, has
haseis
crime. He had argued, that by a license you de-
teervechwoau
stroy illicit practices; and therefore poaching would
be at once suppressed, and never heard of, whenever
the salutary effects of this his favourite Bill were car-
ried into effect. Most people were desirous of obtain-
ing contraband goods. But would the repeal.of the
laws against smuggling prevent crime? A license
in many cases became a sanction or protection for
crime. The Newspapers were lately filled with ac-
counts of convictions againit the Eloise Laws, name-
ly, convictions for, adulterating teas, &c. His Ho-
nourable Friend would not forget that the persons
thus convicted were dealers according to license, that
is, theylad licenses to deal in tea. Licensed dealers
iu game would increase poaching ten-fold, and thus
inclease 'crime. His Honourable Friend ought to
know that poachers were the worst husbands, and in
most instances deserted their families. But this new
breed of poachers would be licensed and protected by
his Honourable Friend ! He (Mr. Bankes) was asto-
nished at the wrong exercise of his Horiourable Friend's
good sense. From the time of the Conquest till the
laws now condemned, all right to game was vested
W the Crown alone. The Honourable Member illus-
trated his arguments by a reference to the Roman
law on that subject. After dwelling on this for some
time, he insisted that the law now proposed was one
of the strangest anomalies of the kind he had ever
seen or heard of. lie cautioned the House against
passing such a law by a reference to France during
the Revolution. At a particular period the French
Legislators, in their wisdom, and in their zeal for
what !hey termed liberty, abolished all Game Laws.
The consequence was, that in a very short time the
game of France, was, almost totally destroyed.
Sir JOHN SEBRIGHT explained; and in allusion
to the last Honourable Member, deelpred that he
would much rather thezame of the whole kingdom
were destroyed, than that the tvranny of the laws
were suffered to go on longer—(Hear.)
'Mr. MARRYATT spoke in support of the Bill.
In one place to which lie alluded, one poacher had
been shot, another apprehended, and yet the party or
gang continued to send up to London two or three
baskets, full of.pfleasants every week--(Hear, hear).
A Nzw MEMBER, whose name we could'not learn,
spoke limn the Ministerial side in favour of the Bill,
and 'bestowed` -ninety encomiums on the Honourable
MeMber (Mr. Britia)for thlindefatigable pains which
he had taken to produce such a law. It is to poach-
ing we shonicl4,4rote •in this instance,. crime, and
the Bill now proposed would prevent it.
Another New Mmetznyozho was totally unknown
Chet* eaftry; 'SPOIEt 'fitin the Opposition side. He
ridiculed the.l3ill now proposed. It was any thing
but a Game . Bilk -...lt.anght. indeed, be termed an
attempt to,plokeisese tr. Oe-Constirution, and game
of the Housel-4A louritorTatahe Honourable Father
of the Bill had dwelt .eli i on the morality of
the Bill. But it was inY thing hitt a moral Bill !
(Another laugh). It is a Bill to put arint into the
hands of every man in the country, and consequently
would endanger the Government and the Constitu-
tion !—(No, no ! resounded from several parts.) The
Honourable Member persisted that it was a Bill to
arm the country from one end to the other !—(No,
no ! reiterated.) If the Bill were suffered to be car-
ried through the House, the next thing Government
must do, for the preservation of the State, would be
to augment his Majesty's forces to the number at
least of 10,000 men !=(l.aughter.)
Another New MEMBER, respecting whose name we
were equally unfortunate in our ,inquiries, as with
those cf the two Gentlemen who preceded him, spoke
from the Opposition side. The Honourable Member
made a very sensible maiden speech in support of the
Bill, and was much cheered. Should the Bill, how-
ever, be recommitted, he would object to the clause
which legalized the sale of game by license.
Mr. SCAILLETT, in allusion to some Gentleman,
affirmed, that be had mistaken the grounds of the
law. Game was in some measure already licensed ;
for instance, the establishment of free warrants went
to prove the assertion.. Although a supporter of the
measure, he declared himself inimical to poaching,
which ought to be put down. The present Bill would
bind to suppress poaching, if not totally prevent it.
In'many of its operations it had his cheerful concur-
rence. It went to establish in a'clearer view the right
of property to game. It gave it to the tenantry, or
,the cccitliers of - the soil, whether qualified or not.
The tenantry or yeomanry of the country were a most
numerous and a most respectable class of society; and
it was certainly exceedingly hard that they should be
deprived of the use of the game, although cultiva-
tors of the soil en which such game was reared,
As the game, by the present laws, was not the pro-
perty of such cultivators of the soil, they of course
encouraged poachers to clear their land. In times
when wages were low, farmers have frequently al-
lowed their servants to poach by night, in order that
they might avail themselves of the season while
game continued plenty or numerous. But pass this
Bill and you not only suppress poaching, but every
setwest will become a guardian or protector to the
game, it being then the interest of the farmer to pre-
serve it till disposed of by sale. The passing of the'
Bill,will very much relieve and pacify the poor, by,
Vet* proving ;hat the Legislature is ready to re-'
oppressive Acts. He conderpned those laws
labich pressed hard on the poor man in contradis-
tiac 'en to the rich. If severe laws were necessary
si,
for e preservation 'of game, why not enact severe
laWs r the preservation of poultry ? As well might
they impose upon the poor man a law for the use of
Water or air—the very water which he drank or the
etl:4tbiCh tin fireathed—(Hear, hear, hear.) Render
. .
C7property, and there will be no violation of the
,1.45 ~is7ainat as the people .of England find that
'pipe. 60.01:arty, the public- mind will be at rest,

-.NI

and all will be reconciled to the laws. If any ~,
Ilidtunthitey Bwoinulwdereocc4burjecfortedaWmebnydGZennt!.:menwhe,:ltiiii
was re-comnaitted. There was a very extract-din;
anomily of the law, which Gentlemen iv 'I
payth cLorl,o:oofa
ydetear
to h;,
ere rot at,
quainted with. fly the law, as it now stoed
, , rar,
of 10,600 acres had no real property in game ;Ale,'
he were Lord of the Manor. This far: came w;O,-,l'
his own knowledge in the course of his piofevior'i
avocations. Why should
have this pcivilege at the expense, or to the ow,.
siort, of the cultivators oreenantry of the soh ? pl.
though- a farmer should
landlord, yet that farmer had no right to a'sina
bird on the soil which he culti:ated. It waF t,.,,t,
fore his interest to.uestroy it, in ordtr that he ti!!vi ;
clear his land oll'a destructive incumbiance—,md`de,
stroy it by the means of poachers. Legalize the tale
of satire, and you will not only remove 1 oachint.,
but diminish, if not prevent, crime—(ikar, bear:s_:
The sale of game would have no other effect ttlaa tLe
sale of any marketable commodity. It wi IN ta,
diminish game. Has, the sale of cattle dimiantcd
the supply ? No. By the same reasoning, it v 0,4
not diminish game. As the profits by the :Cie of
cattle encourage the fa:mer to protect it, so the pm.
fits by the sale of game would have a like tendency,
(Hear. hear l)
Alder Man HEYGATE believed that the Bill non
under discussion would increase, instead of diminish,
game. All would be interested in the preservatioa
of it, the-same as in the preservation of poultry, or
any othir marketable article. . When the sale was li.
tensed, it would be the interest of the farmer ard snail
occupier of land to preserve the game. The worthy
Alderman recommended to the country Genuemee
a more constant residence on their estates, in older
to conciliate the affections of the people by the old
English .hospitalities. He recommended to them all°
to improve the morals of the people by example, and
thus render themselves beloved, and their tenantry
happy—(Hear, hear.)
Mr. PIOLME SUMNER replied to come argu.
ments which had fallen from Mr. Scarlett. ,n his
avocation as a Magistrate, he had found that the man
who robbed a pig-stye or a heroroost, had uniformly
been a poacher. He was adverse to the Bill.
Mr.IIRAND maintained that the very ob;ect of
his Bill was not chiefly, but substantively forthe pre-
' sertation of game. He had been induced to the
measure by observing the' vicious practices among
the lower ordeis.
.It was therefore intended as an
improvement of morals by, the prevention of crime.
If it were necessary to supply the Metropolis with
game, it would be more becoming that the se ply
hould be legalized than that it should come accom-
panied by crime. The chief part of the supply was
afforded by the lower orders. They were, as had
been said, the chief poachers, and consequently in this
point of view were the direct violators of chi law. In
the relief which he proposed, he W:l3 not speaking
simply of the tenantry, but of that vast and posverful
yeomanry which Was the pride and defence of the
State. It was natural for a person who held a ;km
to think it exceedingly hard that he should not only
be deprived of the game produced on the soil, bit
annoyed by strangers authorized by the Lora of the
Manor. Two chief objects of the Bill would be—
first, to have London and the yarions towns veil
supplied with game by legal authprity; andserondly,
to render the efforts of the tenansty:and yeomanry
conducive to this laudable operation.", The Honour-
able Member wished to do justice terA without dc'
ing injustice to aoy. It was propersed that the game
should he the property of the individual ate/bower
pence the soil was cultivated, whether a tenant or a
small land proprietor. With regaed to the -
ments advanced by the Honouzabie Member
~_''
ingenious son (Messrs. Bankes); he (Mr. Brand).
nothing which militated powerfully against' thk.B3l.
He approved much of the moral lecture which hail
been read by the worthy Alderman. Let gentlemen
repair to their country seats, and cultivate a led
and proper understanding with their tenantryby the
revival of the old English hospitalities, and dethilt-
strate to the people, by example, theit earnest4oliii
tude for moral rectitude. Madame de Scisetiqd
truly said, that a man's worth was not to be estin*:
ted by the extent or riches of his property, bit b
the character which he held in the eyes of the people,
by the fine position and important space which he
filled in the state of human affairs (Hear, hear, kw.)
It was not trifling objects and contemptible purposes
which afforded the true description of an English
Gentleman. The real character was grand and dig-
nified, and well deserved the high euloginms which
had been bestowed on it by men of the first eminence.
The removal of the Penal Laws which now disgraced
our Statutes would add to the many excellent quali-
ties which were known to be the composition of the
magnanimous character now attempted to be shortly
delineated.—The House divided:—For the Bill, 59;
Against it, 119—Majority, 60.
-The Ildadhuuse Bill went through a Conunittee.—Report 0
Monday next.
The American Convention Bill abo went through a Comma-
tee.—lteport on Monday, s