The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1874-03-19
Prom ihs llutsbd y &C.
THE INCREASE AsD PRESERVATION
uE FtsH ANp GAME
NJ nR nippLEfoN GOLDSMITH, Ftsu guN'
Mfsst0NER a. VERMONT.

+ municaliou concerns game and trout, tor
the reason that the laws, made or 10 be
invoked apply 10 bolb.
i The upsho, Of tie matter of laws, co.
acted Ia this state for the preservation Of
trout seems to be, that these laws are
rarely executed. and that, 10 any general
sehse, they have beea imperative 70 the
end designed. II is notorious thai trout
are Betted almost everywhere with i'm
puuiiy. They are caught upon spawning
bc,ls. They are caught IN season and
out q season; by haoa By snare by nets
by lines aud even Ia some ct,cs, by hme.
/ lug the brooks The ,e,ult ut all OF thi.
is that bat lew trout are left in the best
I waters, aud have become 50 scarce that
the, bring lliy cent. per pound in most
of our large villages, aud are not profia-
bic ia catching al that Now why l. this?
Our people sfe taw abiding, at least as
much - IS Ia any other state.
The Ias tor preserving troat is plain
and easy TO be enforced. The penalties
are sufficiently severe. The iufrdclions
of the law are notorious and easily prov
ea Bat, except in few localities, where
clubs or other associations Of private In
diyiduals are formed for the purpose OF
securing the execution of it, the law re-
mains a dead letter. ......
The Truth Is traditional, that, when
community fails ts enforce law OF it,
own, there is something wrong in public
sentiment OF in the law itself. In the
case ia hand perhaps there Is something
sniss Ia both. Let MS look at IT,
The provisions in our constitution ai-
hrming the right of every man to hunt
and fish in his own enclosed lands, and
| in all public waters and unenclosed lands
was emmeutly wise and necessary IN the
conditions OF land ownership, and of the
people then exisling-a condition in
which large part OF the territory of Yer
mont was in great land grants; and IN
which large pumber OF the inhabitants
were meaSurably dependent upon the
products Of the gun, the rod and the trap
| for food aud revenue. Besides, our state
was at the time just emerging from the
domination of English law--and our civil
polity was endeavoring to adapt that law
to the new conditions Of our people
These affirmations Of tie constitution
were, In effect, those changes of the game
laws OF England, intended doubtless to
adapt those laws to the political orgaaiz-
alton then coming into life--to retain as
much OF the common law of England as
II was desirable TO retain-and to reject
then and for the future, all suca as was
odious to the new sense OF new polity.
There were two things in the English
common law which were Objectionable
the dogma that the crown owned all
" lid animals and the policy which per-
mittad the Withholding of great areas OF
land from agricultural uses, and from all
use save the preservation of game. The
modification Of the common law, worked
by the constitutional provision referred
to, was the transfer Of the rights OF the
King to the people, and the prevention OF
any appropriation of land to the mere
uses of the sportsman. BY the common
law Of England man who wanted TO
hunt OF fish, had TO purchase that right
of the King; that is, he had to procure a
| license. The constitution, by affirming
the right to hunt, OF fish on ones own
land aud upon all public waters and un-
enclosed lands, IN effect conveyed the
title in game to the citizens. The provis-
ion, declaring the right of every citizen TO
dsh aud hunt in all uucnClosed lands, rem
dered great preserves impossible, except
at al expense TOO great Tor use. More
than this, the transfer OF the title 10 game
was transfer binding apon ali yasciila-
ting legislation. TO have made The trans
ier by statute would have beeu TO make
the title subordinate 10 legislative will
10 make H. rs il was made, was TO place
I II Whcic tLb ilAtS aHu tHC ilEbt ~ E"fN
would be, Tor all time, in Tie near custo-
dy OF the people at large.
Yet the constitutions provision is very
generally In 50 iar misundcl stood rs TO
have wrought tae inference, that IN place
Of securing 10 the and owner, the right
ITO hunt Oh his own land aud IN unencl0s-
ed lands without license from the state,
il secures TO every boy the right TO ii,l
and hunt on al lands aud streams. 1t
LAS unintentionsly educated the popular
ulind to the idea OF the indefeasibe right
of every boy to hnut aud tl.h everywhere
and to the idea that, even ia incloscd
lands, the LAND owner had no authority to
ntcrdict fishing or bunting, except a. the
sportsmen Injured ihc standing crops Of
grain VI gras-, How little the latter
Limitation Of this assumed public right L.
inst il obyipas, to every Que,
The constitutional right 10 bear arln.,
has taught something in this direction --
That i. right very commonly exercised,
sud to tAs average mind the right TO bear
.erins to Imply ihe right so u.s' the light
ty IA 81 whateYrr aaiuais there afe with.
, oa, nWn. r.bip. atd THE daaiIy to the
right 10 seek them Ia their hsunts whcr.
ever that may be-.
To these uiusi b- aided ibe tna1li.d
Ddium which trsditiJusllr ailaehe.. ia
the American pisi, T. ail game laa< -
, au odiuu starting in the feudsl ~ faHps
.'ill eSisu aud saiif growing more taii.
au- hstr tl,ey sKi.i
4 little rsHdid consideration 81 lhi,
. ual .bow that inference. have beef