THE SALMON AND CHANNEL FISHERIES. 207 



salmon, which in no one particular contributes 

 towards that object, further than by regulating the 

 fence days. That this is the fact, is obvious and 

 undeniable. And when we come to consider the 

 next clause, the fifth section, if the construction 

 that some folks put on it be the legal construction, 

 it has the appearance of something even more cen- 

 surable, and excites a considerable degree of sus- 

 picion, not only with regard to the sincerity, but 

 the actual intention of the whole act. It invidi- 

 ously cuts up, in short, per stirpes, the good effect 

 of every act from Magna Charta to the present 

 day. However, I trust it is not so, and that, 

 even under this construction, the section is nuga- 

 tory, and bears within itself its own death-warrant. 

 I hope it can be relieved from this obloquy. Some 

 say, that though the professed and avowed object 

 is to preserve the salmon spawn, yet the true ob- 

 ject of this section is to legalize the fish-coops. 

 If this be indeed its real intention, and the va- 

 rious obstructions and fish-traps can stand against 

 all the acts which we have just seen, particularly 

 that of Elizabeth, which says, that the fish shall 

 not be taken by any engine, but the fair net ; — 

 against the common law, without grant or pre- 

 scription, but, by mere dint of daring encroach- 

 ment, from the neglect of putting the act of 

 Elizabeth into force, — then, I say, that unless this 

 section be repealed, the situation of the salmon 

 fisheries is of a very hopeless nature. If this sec- 

 tion is to countervail the general policy, and to 



