Blackwood's Edinburgh Magazine, Volume 60, No. 372, October 1846

This article, if finished at all, must be written with the keelavine pen on the backs of old letters – whereof, thank heaven! we have scores unanswered – by fits and snatches, as we repose from our labours on the greensward; so we shall even take up our gun, and trust for inspiration to the noble scenery around us. Is every thing in? Well, then, push off, and for a time let us get rid of care.

What sort of fishing have they had at the salmon-nets, Ian? Very bad, for they're sair fashed wi' the sealghs. In that case it may be advisable to drop a ball into our dexter barrel, in case one of these oleaginous depredators should show his head above water. We have not had a tussle with a phoca since, some ten years ago, we surprised one basking on the sands of the bay of Cromarty. No, Donald, we did not kill him. We and a dear friend, now in New Zealand, who was with us, were armed with no better weapon than our fishing-rods, and the sealgh, after standing two or three thumps with tolerable philosophy, fairly turned upon us, and exhibited such tusks that we were glad to let him make his way without further molestation to the water. The seal is indeed a greedy fellow, and ten times worse than his fresh-water cousin the otter, who, it seems, is considered by the poor people in the north country as rather a benefactor than otherwise. The latter is a dainty epicure – a gourmand who despises to take more than one steak from the sappy shoulder of the salmon; and he has usually the benevolence to leave the fish, little the worse for his company, on some scarp or ledge of rock, where it can be picked up and converted into savoury kipper. He is, moreover, a sly and timid creature, without the impudence of the seal, who will think nothing of swimming into the nets, and actually taking out the salmon before the eyes of the fishermen. Strong must be the twine that would hold an entangled seal. An aquatic Samson, he snaps the meshes like thread, and laughs at the discomfiture of the tacksman, who is dancing like a demoniac on the shore; and no wonder, for nets are expensive, and the rent in that one is wide enough to admit a bullock.

Mr St John – a capital sportsman, Donald – has had many an adventure with the seals; and I shall read you what he says about them, in a clever little book which he has published – What the deuce! We surely have not been ass enough to forget the volume! No – here it is at the bottom of our pocket, concealed and covered by the powder-flask: —

"Sometimes at high-water, and when the river is swollen, a seal comes in pursuit of salmon into the Findhorn, notwithstanding the smallness of the stream and its rapidity. I was one day, in November, looking for wild-ducks near the river, when I was called to by a man who was at work near the water, and who told me that some 'muckle beast' was playing most extraordinary tricks in the river. He could not tell me what beast it was, but only that it was something 'no that canny.' After waiting a short time, the riddle was solved by the appearance of a good-sized seal, into whose head I instantly sent a cartridge, having no balls with me. The seal immediately plunged and splashed about in the water at a most furious rate, and then began swimming round and round in a circle, upon which I gave him the other barrel, also loaded with one of Eley's cartridges, which quite settled the business, and he floated rapidly away down the stream. I sent my retriever after him, but the dog, being very young and not come to his full strength, was baffled by the weight of the animal and the strength of the current, and could not land him; indeed, he was very near getting drowned himself, in consequence of his attempts to bring in the seal, who was still struggling. I called the dog away, and the seal immediately sank. The next day I found him dead on the shore of the bay, with (as the man who skinned him expressed himself) 'twenty-three pellets of large hail in his craig.'

"Another day, in the month of July, when shooting rabbits on the sand-hills, a messenger came from the fishermen at the stake-nets, asking me to come in that direction, as the 'muckle sealgh' was swimming about, waiting for the fish to be caught in the nets, in order to commence his devastation.

"I accordingly went to them, and having taken my observations of the locality and the most feasible points of attack, I got the men to row me out to the end of the stake-net, where there was a kind of platform of netting, on which I stretched myself, with a bullet in one barrel and a cartridge in the other. I then directed the men to row the boat away, as if they had left the nets. They had scarcely gone three hundred yards from the place when I saw the seal, who had been floating, apparently unconcerned, at some distance, swim quietly and fearlessly up to the net. I had made a kind of breastwork of old netting before me, which quite concealed me on the side from which he came. He approached the net, and began examining it leisurely and carefully to see if any fish were in it; sometimes he was under and sometimes above the water. I was much struck by his activity while underneath, where I could most plainly see him, particularly as he twice dived almost below my station, and the water was clear and smooth as glass.

"I could not get a good shot at him for some time; at last, however, he put up his head at about fifteen or twenty yards' distance from me; and while he was intent on watching the boat, which was hovering about waiting to see the result of my plan of attack, I fired at him, sending the ball through his brain. He instantly sank without a struggle, and a perfect torrent of blood came up, making the water red for some feet round the spot where he lay stretched out at the bottom. The men immediately rowed up, and taking me into the boat, we managed to bring him up with a boat-hook to the surface of the water, and then, as he was too heavy to lift into the boat (his weight being 378 lbs.) we put a rope round his flippers, and towed him ashore. A seal of this size is worth some money, as, independently of the value of his skin, the blubber (which lies under the skin, like that of a whale) produces a large quantity of excellent oil. This seal had been for several years the dread of the fishermen at the stake-nets, and the head man at the place was profuse in his thanks for the destruction of a beast upon whom he had expended a most amazing quantity of lead. He assured me that L.100 would not repay the damage the animal had done. Scarcely any two seals are exactly of the same colour or marked quite alike; and seals, frequenting a particular part of the coast, become easily known and distinguished from each other."

But what is Scrip youffing at from the bow? A seal? No, it is a shoal of porpoises. There they go with their great black fins above the water in pursuit of the herring, which ought to be very plenty on this coast. Yonder, where the gulls are screaming and diving, with here and there a solan goose and a cormorant in the midst of the flock, must be a patch of the smaller fry. The water is absolutely boiling as the quick-eyed creatures dart down upon their prey; and though, on an ordinary day, you will hardly see a single seagull in this part of the loch, for the shores are neither steep nor rocky, yet there they are in myriads, attracted to the spot by that unerring and inexplicable instinct which seems to guide all wild animals to their booty, and that from distances where neither sight nor scent could possibly avail them. This peculiarity has not escaped the observant eye of our author.

"How curiously quick is the instinct of birds in finding out their food. Where peas or other favourite grain is sown, wood pigeons and tame pigeons immediately congregate. It is not easy to ascertain from whence the former come, but the house pigeons have often been known to arrive in numbers on a new sown field the very morning after the grain is laid down, although no pigeon-house, from which they could come, exists within several miles of the place.

"Put down a handful or two of unthrashed oat-straw in almost any situation near the sea-coast, where there are wild-ducks, and they are sure to find it out the first or second night after it has been left there.

"There are many almost incredible stories of the acuteness of the raven's instinct in guiding it to the dead carcass of any large animal, or even in leading it to the neighbourhood on the near approach of death. I myself have known several instances of the raven finding out dead bodies of animals in a very short space of time. One instance struck me very much. I had wounded a stag on a Wednesday. The following Friday, I was crossing the hills at some distance from the place, but in the direction towards which the deer had gone. Two ravens passed me, flying in a steady straight course. Soon again two more flew by, and two others followed, all coming from different directions, but making direct for the same point. ''Deed, sir,' said the Highlander with me, 'the corbies have just found the staig; he will be lying dead about the head of the muckle burn.' By tracing the course of the birds, we found that the man's conjecture was correct, as the deer was lying within a mile of us, and the ravens were making for its carcass. The animal had evidently only died the day before, but the birds had already made their breakfast upon him, and were now on their way to their evening meal. Though occasionally we had seen a pair of ravens soaring high overhead in that district, we never saw more than that number; but now there were some six or seven pairs already collected, where from we knew not. When a whale, or other large fish, is driven ashore on the coast of any of the northern islands, the ravens collect in amazing numbers, almost immediately coming from all directions and from all distances, led by the unerring instinct which tells them that a feast is to be found in a particular spot."

We should not wonder if the ancient augurs, who, no doubt, were consummate scoundrels, had an inkling of this extraordinary fact. If so, it would have been obviously easy, at the simple expenditure of a few pounds of bullock's liver, to get up any kind of ornithological vaticination. A dead ram, dexterously hidden from the sight of the spectators behind the Aventine, would speedily have brought birds enough to have justified any amount of warlike expeditions to the Peloponesus; while a defunct goat to the left of the Esquiline, would collect sooties by scores, and forebode the death of Cæsar. We own that formerly we ourselves were not altogether exempt from superstitious notions touching the mission of magpies; but henceforward we shall cease to consider them, even when they appear by threes, as bound up in some mysterious manner with our destiny, and shall rather attribute their apparition to the unexpected deposit of an egg.

But here we are at the shore, and not a mile from the margin of the moor. Ian, our fine fellow, look after the dogs; and now tell us, Donald, as we walk along, whether there are many poachers in this neighbourhood besides yourself? Atweel no, forbye muckle Sandy, that whiles taks a shot at a time. – We thought so. In these quiet braes there can be little systematic poaching. Now and then, to be sure, a hare is killed on a moonlight night among the cabbages behind the shieling; or a blackcock, too conspicuous of a misty morning on a corn-stook, pays the penalty of his depredations with his life. But these little acts of delinquency are of no earthly moment; and hard must be the heart of the proprietor who, for such petty doings, would have recourse to the vengeance of the law. But were you ever in Lochaber, Donald? – Oo ay, and Badenoch too. – And are you aware that in those districts where the deer are plenty, there exist, at the present day, gangs of organised poachers – fellows who follow no other calling – true Sons of the Mist, who prey upon the red-deer of the mountain without troubling the herds of the Sassenach; and who, though perfectly well known by head-mark to keeper and constable, are still permitted with impunity to continue their depredations from year to year? – I never heard tell of it.

No more have we. Notwithstanding Mr St John's usual accuracy and great means of information, he has given, in the fifth chapter of his book, an account of the Highland poachers which we cannot admit to be correct. In every thinly-populated country, where there is abundance of game, poaching must take place to a considerable extent, and indeed it is impossible to prevent it. You never can convince the people, that the statutory sin is a moral one; or that, in taking for their own sustenance that which avowedly belongs to no one, they are acting in opposition to a just or a salutary law. The question of whence the game is taken, is a subtilty too nice for their comprehension. They see the stag running wild among the mountains, to-day on one laird's land, and away to-morrow to another's, bearing with him, as it were, his own transference of property; and they very naturally conclude that they have an abstract right to attempt his capture, if they can. The shepherd, who has thousands of acres under his sole superintendence, and whose dwelling is situated far away on the hills, at the head, perhaps, of some lonely stream, where no strange foot ever penetrates, is very often, it must be confessed, a bit of a poacher. Small blame to him. He has a gun – for the eagle, and the fox, and the raven, must be kept from the lambs; and if, when prowling about with his weapon, in search of vermin, he should chance to put up, as he is sure to do, a covey of grouse, and recollecting at the moment that there is nothing in the house beyond a peas-bannock and a diseased potato, should let fly, and bring down a gor-cock, who will venture to assert that, under such circumstances, he would hesitate to do the same? For every grouse so slaughtered, the shepherd frees the country from a brace of vermin more dangerous than fifty human poachers; for every day in the year they breakfast, dine, and sup exclusively upon game.

Let the shepherd, then, take his pittance from the midst of your plenty unmolested, if he does no worse. Why should his hut be searched by some big brute of a Yorkshire keeper, for fud or feather, when you know that, in all essentials, the man is as honest as steel – nay, that even in this matter of game, he is attentive to your interests, watches the young broods, protects the nests, and will tell you, when you come up the glen, where the finest coveys are to be found? It is, however, quite another thing if you detect him beginning to drive a contraband trade. Home consumption may be winked at – foreign exportation is most decidedly an unpardonable offence. The moment you find that he has entered into a league with the poulterer or the coachman, give warning to the offending Melibœus, and let him seek a livelihood elsewhere. He is no longer safe. His instinct is depraved. He has ceased to be a creature of impulse, and has become the slave of a corrupted traffic. He is a noxious member of the Anti-game-law League.

This sort of poaching we believe to be common enough in Scotland, and there is also another kind more formidable, which, a few years ago, was rather extensively practised. Parties of four or five strong, able-bodied rascals, principally inmates of some of the smaller burghs in the north, used to make their way to another district of country, taking care, of course, that it was far enough from home to render any chance of identification almost a nullity, and would there begin to shoot, in absolute defiance of the keepers. Their method was not to diverge, but to traverse the country as nearly as possible in a straight line; so that very often they had left the lands of the most extensive proprietors even before the alarm was given. These men neither courted nor shunned a scuffle. They were confident in their strength of numbers, but never abused it; nor, so far as we recollect, have any fatal results attended this illegal practice. Be that as it may, the misdemeanour is a very serious one, and the perpetrators of it, if discovered, would be subjected to a severe punishment.

But Mr St John asserts the existence of a different class of poachers, whose exploits, if real, are a deep reproach to the vigilance of our respected friends the Sheriffs of Inverness, Ross, and Moray, as also to the Substitutes and their Fiscals. According to the accounts which have reached him, and which he seems implicitly to believe, there are, at this moment, gangs of caterans existing among the mountains, who follow no other occupation whatever than that of poaching. This they do not even affect to disguise. They make a good income by the sale of game, and by breaking dogs – they take the crown of the causeway in the country towns, where they are perfectly well known, and where the men give them "plenty of walking-room." On such occasions, they are accompanied with a couple of magnificent stag-hounds, and in this guise they venture undauntedly beneath the very nose of "ta Phuscal!" The Highland poacher, says Mr St John, "is a bold fearless fellow, shooting openly by daylight, taking his sport in the same manner as the laird, or the Sassenach who rents the ground." That is to say, this outlaw, who has a sheiling or a bothy on the laird's ground – for a man cannot live in the Highlands without a roof to shelter him – shoots as openly on these grounds as the laird himself, or the party who has rented them for the season! If this be the case, the breed of Highland proprietors – ay, and of Highland keepers – must have degenerated sadly during the last few years. The idea that any such character would be permitted by even the tamest Dumbiedykes to continue a permanent resident upon his lands, is perfectly preposterous. Game is not considered as a matter of such slight import in any part of the Highlands; neither is the arm of the law so weak, that it does not interfere with most rapid and salutary effect. No professed poacher, we aver, dare shoot openly upon the lands of the laird by whose tenure or sufferance he maintains a roof above his head; and it would be a libel upon those high-minded gentlemen to suppose, that they knowingly gave countenance to any such character, on the tacit understanding that their property should be spared while that of their neighbours was invaded. In less than a week after the information was given, the ruffian would be without any covering to his head, save that which would be afforded him by the arches of the Inverness or Fort-William jail.

Long tracts of country there are, comparatively unvisited – for example, the district around Lochs Ericht and Lydoch, and the deserts towards the head of the Spey. Yet, even there, the poacher is a marked man. The necessity of finding a market for the produce of his spoil, lays him open immediately to observation. If he chooses to burrow with the badger, he may be said to have deserted his trade. He cannot by any possibility, let him do what he will, elude the vigilance of the keeper; and, if known, he is within the clutches of the law without the necessity of immediate apprehension.

The truth of the matter is, that the poachers have no longer to deal directly with the lairds. The number of moors which are rented to Englishmen is now very great; and it is principally from these that the depredators reap their harvest. Accordingly, no pains are spared to impress the Sassenach with an exaggerated idea of the lawlessness of the Gael, in every thing relating to the game-laws and the statutes of the excise. The right of the people to poach is asserted as a kind of indefeasible servitude which the law winks at, because it cannot control; and we fear that, in some cases, the keepers, who care nothing for the new-comers, indirectly lend themselves to the delusion. The Englishman, on arriving at the moor which he has rented, is informed that he must either compromise with the poachers, or submit to the loss of his game – a kind of treaty which, we believe, is pretty often made in the manner related by Mr St John.

"Some proprietors, or lessees of shooting-grounds, make a kind of half compromise with the poachers, by allowing them to kill grouse as long as they do not touch the deer; others, who are grouse-shooters, let them kill the deer to save their birds. I have known an instance where a prosecution was stopped by the aggrieved party being quietly made to understand, that if it was carried on, a score of lads from the hills would shoot over his ground for the rest of the season."

Utterly devoid of pluck must the said aggrieved party have been! Had he carried on the prosecution firmly, and given notice to the authorities of the audacious and impudent threat, with the names of the parties who conveyed it, not a trigger would have been drawn upon his ground, or a head of game destroyed. If the lessees of shooting-grounds are idiots enough to enter into any such compromise, they will of course find abundance of poachers to take advantage of it. Every shepherd on the property will take regularly to the hill; for by such an arrangement the market is virtually thrown open, and absolute impunity is promised. But we venture to say that there is not one instance on record where a Highland proprietor, of Scottish birth and breeding, has condescended to make any such terms – indeed, we should like to see the ruffian who would venture openly to propose them.

As to Mr St John's assertion, that "in Edinburgh there are numbers of men who work as porters, &c., during the winter, and poach in the Highlands during the autumn," we can assure him that he is labouring under a total delusion. A more respectable set of men in their way than the Edinburgh chairmen, is not to be found on the face of the civilised globe. Not a man of those excellent creatures, who periodically play at drafts at the corners of Hanover and Castle Street, ever went out in an illicit manner to the moors: nor shall we except from this vindication our old acquaintances at the Tron. Their worst vices are a strong predilection for snuff and whisky; otherwise they are nearly faultless, and they run beautifully in harness between the springy shafts of a sedan. If they ever set foot upon the heather, it is in the capacity of gillies, for which service they receive excellent wages, and capital hands they are for looking after the comforts of the dogs. Does Mr St John mean to insinuate that the twin stalwart tylers of the lodge Canongate Kilwinning – whose fine features are so similar that it is almost impossible to distinguish them – go out systematically in autumn to the Highlands for the purpose of poaching? Why, to our own knowledge, they are both most praiseworthy fathers of families, exemplary husbands, well to do in the world, and, were they to die to-morrow, there would not be a drop of black-cock's blood upon their souls. Like testimony could we bear in favour of a hundred others, whom you might trust with untold gold, not to speak of a wilderness of hares; but to any one who knows them, it is unnecessary to plead further in the cause of the caddies.

We fear, therefore, that in this particular of Highland poaching, Mr St John has been slightly humbugged; and we cannot help thinking, that in this work of mystification, his prime favourite and hero, Mr Ronald, has had no inconsiderable share. As to the feats of this handsome desperado, as related by himself, we accept them with a mental reservation. Notwithstanding the acknowledged fact that the Grants existed simultaneously with the sons of Anak, we doubt extremely whether any one individual of that clan, or of any other, could, more especially when in bed, and fatigued with a long day's exertion, overcome five sturdy assailants. If so, the fellow would make money by hiring a caravan, and exhibiting himself as a peripatetic Hercules: or, if such an exhibition should be deemed derogatory to a poaching outlaw, he might enter the pugilistic or wrestling ring, with the certainty of walking the course. The man who, without taking the trouble to rise out of bed, could put two big hulking Highlanders under him, breaking the ribs of one of them, and keeping them down with one knee, and who in that posture could successfully foil the attack of other three, is an ugly customer, and we venture to say that his match is not to be found within the four seas of Great Britain. The story of his tearing down the rafter, bestowing breakfast upon his opponents, and afterwards pitching the keeper deliberately into the burn, is so eminently apocryphal, that we cannot help wondering at Mr St John for honouring it with a place in his pages.